2. The company, if it chose to, could ignore the contracts and fly extra folks on East metal. The Unions only legal response would be to file an expedited grievance, which still would take at least a year to resolve. Then an arbitator would decide if the company had any basis to take the action they did and if not, make an award to the union.
The company did (fly east A/C and east fa's/pilots on West routes) this and the Union filed the grievance and settled. Or that's what a memo sent out to us said. SO the company can not try to pull that kind of STUNT again. So its been tried and tested and ALPA/AFA came to a agreement.
MEC Hotline Tuesday, December 19, 2006
Scope Grievance
PackOut Update
Grievance 24-66-2-63-05 Scope Grievance
In December of 2005 and again in the spring of 2006, US Airways operated several published and scheduled America West flights with East metal and crews. These substitutions were due to scheduling and/or maintenance delays of America West aircraft and flights.
When your MEC learned of these flight changes, we filed Grievance 24-66-02-63-05. This grievance asserted that US Airways was in violation of Section 1, Scope and Recognition of our current AWA/AFA Collective Bargaining Agreement.
Section 1.B SCOPE, reads as follows:
"This Agreement covers all revenue and all known and recurring miscellaneous flying performed by the Company with Flight Attendants on its payroll. All flying covered by this Agreement shall be performed by Flight Attendants whose names appear on the America West Airlines, Inc. Flight Attendant System Seniority List."
Arbitration on this important case was scheduled for January 16 & 17, 2007. However, late last week, after several meetings with US Airways Labor Relations, and consultations with fellow MEC Officers Bill McGlashen, Mary Cost, Grievance Chairperson Linda Campagna, and AFA Associate General Counsel Mark Bigelow; I have agreed to a proposed settlement of this matter.
SETTLEMENT AGREEMENT
As and for a full and final settlement of AFA Case No.24-66-2-63-05, America West Airlines (dba US Airways) and the Association of Flight Attendants agree as follows:
1. The Company will cease and desist from using crews and/or equipment from the US Airways side of the operation (the East side), to cover scheduled operations on the America West side of the operation (the West side), or to substitute for flight cancellations on the West side.
2. This fully resolves all outstanding issues in AFA Case No.24-66-2-63-05, with prejudice.
America West Airlines (dba US Airways) Association of Flight Attendants – CWA
By: By:
Cindi Simone Gary Richardson
Director Labor Relations MEC President
A similar grievance was filed by the Airline Pilots Association (ALPA) under the terms and conditions of the US Airways/ALPA Transition Agreement. ALPA representatives are currently reviewing a comparable settlement with the company.
This settlement is an important victory for organized labor at US Airways. If management was allowed the free and unfettered ability- during separate operations- to substitute aircraft and crews due to delays or cancellations of east or west flights, their imperative to obtain the “synergies†of this merger without actually merging would have been greatly enhanced. Additionally, their need to negotiate a ratifiable single agreement would have been severely diminished.
I have provided a Q&A below, however, please feel free to contact me should you have further questions regarding this settlement.
In Solidarity,
Gary Richardson
MEC President
Association of Flight Attendants-CWA AFL-CIO
480-966-1231 ext.11
Questions and Answers
Q-What does "With Prejudice" mean?
A- "With Prejudice" is a legal term used here to indicate that based upon the company agreeing to cease and desist in this type of action/behavior, AFA will not re-file a claim alleging the same contractual violation.
Q.-What about a pay remedy to the crews whose flights were substituted?
A- While no additional pay component was agreed upon with this settlement, AFA believes that at the time the violation occurred, all effected America West Flight Attendants were contractually guaranteed pay and credit, the greater of their scheduled-and then canceled trips- or their actual trips worked.
Q- The AFA/US Airways settlement mentions that the company will cease and desist from using east aircraft and crews to cover scheduled operations on the America West side. Does this settlement allow America West aircraft and crews to be substituted for scheduled operations on the east side?
A- No. The company must maintain separate operations during the transition phase of this merger for both West and East aircraft and crews. Although we filed under the specific terms of our AWA/AFA SCOPE Section, AFA’s Transition Agreement along with ALPA’s proposed settlement prevents the substitution of west aircraft and crews for scheduled east-side flights and operations.