2.29.16 – (LAA/LUS) – 25/45 Travel Arbitration Award/Deadhead Pay for Training Settlement/Minimum Days Off and Vacation Settlement

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Monday, February 29, 2016

25/45 Travel Arbitration Award for LUS Retirees – LAA/LUS
Deadhead Pay for Training Settlement – LAA/LUS
Minimum Days Off and Vacation Settlement – LAA/LUS

25/45 Travel Arbitration Award for LUS Retirees – LAA/LUS

The 2013 Red Book Agreement between US Airways and AFA/CWA contained a provision that stated the following:

A Flight Attendant who has completed twenty-five (25) years of service with the Company as a Flight Attendant and has attained the age of forty-five (45) and who leaves the Company shall be eligible for on-line passes in accordance with Company policy as if she/he were still in an active status. For any medical leave commencing after the Date of Ratification of this Agreement, only the first five (5) consecutive years of any unpaid Medical Leave of Absence shall be credited for purposes of calculating the number of years of service to determine eligibility for 25/45 Retiree Travel. When a Flight Attendant under this Paragraph becomes eligible for and receives retirement benefits, she/he shall be eligible for other travel benefits that are effective under the retirement benefit program for Flight Attendants.

When US Airways and American Airlines merged, it was announced that changes to the travel policy would occur, which included placing all Legacy American Retirees and Legacy US Airways Retirees in a lower boarding priority than active employees. In August of 2014, a Grievance was filed by the Association of Flight Attendants (AFA) on behalf of the Legacy US Airways Flight Attendants. Both Parties were unable to resolve the dispute through the steps of the negotiated Grievance process; and the Union invoked arbitration. The entire Grievance can be read by Clicking Here.

The Arbitration Board determined that the parties did not agree to include the 25/45 provision in the JCBA. Therefore, prior retirees would not continue to have that provision in place. In conclusion, the Arbitration Board ruled that the Company ceased to be in violation of the 2013 Agreement with respect to the 25/45 benefit as the Agreement was no longer in effect, and the JCBA did not contain the 25/45 benefit.

The Grievance was agreed to in part, and denied in part. The Union (AFA) proved that, between September 10, 2014 and December 12, 2014, the Company violated the Agreement by failing to provide 25/45 benefits to eligible Flight Attendants.

The Grievance Remedy Award for the LUS Retirees who retired under the 25/45 Retiree Travel policy is as follows:

For a period of four (4) months, the Company shall change the entire population of 25/45 retirees from “D2R” to “D2″ for boarding purposes (list to be provided to AFA);
The four (4) month period shall begin June 1, 2016 and end September 30, 2016;
The Company shall mail notification of the “D2″ period to the population of 25/46 retires, using the address which each retiree has on file with the Company, no later than April 15, 2016.

The chart below represents the boarding priority of non-revenue space-available travelers based on the order of how they are accommodated:

* D2WP and D2WA codes indicate a Pilot who has reserved the flight desk jumpseat (FDJ) pursuant to their CBA. If they are not cleared to the FDJ, they will be cleared in priority order amongst all other D2s.

* AAC – Non-wholly owned regional airline employees and accompanying eligible travelers traveling on their own company-owned aircraft (or metal) operated as American Eagle will be cleared prior to any mainline, wholly owned subsidiary or other non-wholly owned regional airline employees and family, regardless of boarding priority level (e.g., a Republic employee and accompanying eligible travelers traveling on a Republic-operated aircraft operating as American Eagle will board before any other non-revenue travelers, including D1s).

Deadhead Pay for Training Settlement – LAA/LUS

On March 6, 2015, APFA filed a Presidential Grievance regarding Deadheading Pay for Travel to and from Training.

APFA’s position was that the Company was refusing to compensate Flight Attendants when deadheading to or from their base, or to or from the city in which they reside, for the purposed of attending training. The Company and APFA have engaged in extensive discussions and while still preserving their respective positions, agree that the following terms and conditions are a reasonable and equitable method for resolving this dispute:

A Flight Attendant required to travel to or from training on a day other than a training day shall be paid seventy-five dollars ($75.00) pay.

Grievance Settlement – Deadheading Pay for Travel to and from Training

Minimum Days Off and Vacation Settlement – LAA/LUS

On December 4, 2015 APFA filed a Presidential Grievance regarding Vacation Days Included in Minimum Required 11 Days Off.

APFA’s position was that the Company violated Sections 8 (Vacation) and 11H (Minimum Days Off) of the Collective Bargaining Agreement applicable to Legacy US Airways Flight Attendants (the Red Book), the JCBA, and any related articles by including Flight Attendant vacation days as part of the minimum required 11 days off for Lineholders. Through our discussions, APFA and the Company agree that the following terms and conditions are a reasonable and equitable method for resolving this dispute:

Effective with the implementation of PBS under the Joint Collective Bargaining Agreement (JCBA), Lineholders would have days off in conjunction with scheduled vacation consistent with the Reserve language in Section 10.D.18.c-d:

A Lineholder who has less than seven (7) vacation days in a bid period shall receive a minimum of eleven (11) days off. A Lineholder who has seven (7) or more days off in a bid period shall receive days off at a pro-rated rate consistent with the chart in Paragraph 10.D.18.d.
The chart below shall be used to determine the number of days free from duty for a Lineholder who is bidding for or returning to schedule as a Lineholder with less than a full bid period. This chart shall be used to determine the number of days free from duty during the Lineholder’s days of availability in a partial bid period.

*CORRECTION – Example 1: It is July, which is a thirty (30) day bid month (July 2 -31). A Lineholder Flight Attendant has four (4) days of vacation in July. The Lineholder will receive a minimum of eleven (11) days off in the month of July. The four (4) days of vacation are in addition to the eleven (11) minimum days off for a minimum of fifteen (15) days off.

*CORRECTION – Example 2: It is October, which is a thirty-one (31) day bid month (October 1-31). A Lineholder Flight Attendant has seven (7) days of vacation in October. A thirty-one (31) day month minus seven (7) days of vacation equals twenty-four (24) available days. Twenty-four (24) available days equals nine (9) prorated days. The Lineholder’s seven (7) days of vacation, plus the nine (9) prorated days off equals a minimum of sixteen (16) days off.

Example 3: It is October, which is a thirty-one (31) day bid month (October 1-31). A Lineholder Flight Attendant has fourteen (14) days of vacation in October. A thirty-one (31) day month minus fourteen (14) days of vacation equals seventeen (17) available days. Seventeen (17) available days equals seven (7) prorated days. The Lineholder’s fourteen (14) days of vacation, plus the seven (7) prorated days off equals a minimum of twenty-one (21) days off.

Example 4: It is July, which is a thirty (30) day bid month (July 2 -31). A Lineholder Flight Attendant has eleven (11) days of vacation in July. A thirty (30) day month minus eleven (11) days of vacation equals nineteen (19) available days. Nineteen (19) available days equals eight (8) prorated days. The Lineholder’s eleven (11) days of vacation, plus the eight (8) prorated days off equals a minimum of nineteen (19) days off.

Grievance Settlement – Vacation Days Included in Minimum Required 11 Days Off