Agenda Item #13

ASSOCIATION OF FLIGHT ATTENDANTS-CWA, AFL-CIO

FORTY SIXTH BOARD OF DIRECTORS MEETING

APRIL 9 – APRIL 11, 2018

ATLANTIC CITY, NEW JERSEY

SUBJECT:    Election – Nomination Process (Article VIII.C.)

STATEMENT OF QUESTION:

Should Article VIII.C. be modified so as to provide for a more cost-effective process for nomination processes?

SOURCE AND DATE SUBMITTED:       Strategic Planning Committee – March 9, 2018

BACKGROUND INFORMATION:

The process to nominate candidates for Local Officer positions is costly and complex.  Given a prospective candidate needs only one other Active Member in Good Standing to provide a nomination, the process can be made much simple and achieve this same result.

A simplified process would be for any Active Member in Good Standing to complete a Commitment to Serve as a self-nomination, and secure one other member to second the nomination.  This can be achieved without the unnecessary expense of a secret ballot.

The savings for this change would be about $75,000 over the course of an election cycle.

PROPOSED RESOLUTION:

WHEREAS, significant savings can be achieved by simplifying the process to nominate candidates for Local Officer positions; and,

THEREFORE BE IT RESOLVED, Article VIII.C.1. be changed as follows:

C. Local Council Officers and CWA Convention Delegates

  1. Nomination Procedures

a. No later than one hundred and fifty (150) days before the start of the term of office, the International Secretary-Treasurer of the Union shall cause nominating ballots, notifications of commitment to serve statements and cover letters to be mailed sent to all active members of all Local Councils within the United States scheduled for election as provided in Paragraph 3. of this Section. For all Local Councils located outside of the United States the time frame shall be two hundred and ten (210) days before the start of the term of office. The International Secretary-Treasurer of the Union shall notify the Local Council President thirty (30) days prior to distributing said nominating ballots notification. For newly organized carriers, the nominating ballots, notifications of commitment to serve statements and cover letters shall be mailed sent to all active members of Local Councils no later than sixty (60) days following the appointment of Temporary Local Council Officers.

b. Nomination procedures shall be conducted by secret ballot by self-nomination with requirement of securing the support of one additional active member in good standing.

c.    (1) Each active member in good standing may nominate one (1) self-nominate her or himself to be a candidate for the office of President, Vice President and or Secretary.

(2)    The member shall be responsible for determination of that member’s nominee’s commitment to serve prior to nomination prospective candidate is responsible for securing the support of at least one additional active member in good standing from their Local and identifying the member(s) on the commitment to serve statement.

(3)    Any member who wishes to support a member as a candidate for office must contact that member to determine their Commitment to Serve.  

d. Nominating ballots, executed by active members in good standing, Commitment to Serve statements shall be sent to the International Secretary-Treasurer of the Union prior to the count date specified on said nominating ballot and received by the announced close of nominations.

e. Nominating ballots Commitment to serve statements of active members in good standing shall be certified and tallied under the supervision of the Ballot Certification Committee at the International Office.

f. (1) The Ballot Certification Committee shall determine legitimacy of a candidate’s commitment to serve as an elected Officer supporter by any one (1) of the following:

(a)  Receipt of a commitment to serve card with the nomination ballot At least one phone call and email to the supporter’s designated phone and email address.

(b) WReceipt of written notification from the supporter prior to the count election mail date.

(c)   Checking the indicated block on the transmittal envelope.

(2)   If a commitment to serve has not been indicated as outlined in C.1.f.(1) above, the AFA-CWA Membership Services Department will contact the nominee through email, phone call(s), and regular mail letter requesting a commitment to serve statement with the exception that no email, phone call(s), and regular mail letter will be sent to a candidate with less than two (2) nomination votes.  Verbal confirmation upon receipt of email, phone call(s), and regular mail letter, confirmed in writing, may also serve as notification of a candidate’s commitment to serve.

(3)   The International Secretary-Treasurer of the Union shall cause the names of all nominees who received at least two (2) one (1) nomination ballots and who have indicated their commitment to serve to be placed on the official Local Council election ballot.

BE IT FURTHER RESOLVED, Section IX.G. be changed as follows:

G. Additional Ballot Procedures for Local Council Nominations

  1. Ballot Construction Commitment to Serve Notification – The Committee will cause to be constructed standard self-nomination and election ballots as follows:

a. Standard nomination ballot form Commitment to Serve Notice shall include:

(1)    Identification of ballot

(2)    Instructions for marking and return completing and returning the self-nomination form

(3)    Space for listing nominees the name of the member in support of the candidate

(4)    Deadline date

2. Nominations Commitment to Serve by Mail Nominating Ballot – Notice of self-nominations, nominating ballot, commitment to serve card, and cover letter (explaining election procedures, information regarding the commitment to serve card and procedures for distribution of campaign literature) shall be sent to all active members of Local Councils scheduled for elections.  Such mailing shall be made using each member’s last known address as shown on the latest membership roster. Ballots  Commitment to Serve notices will be mailed in envelopes marked appropriately to identify them as containing a ballot an election notice.

a. The ballot transmittal envelope for any nominating ballots going to members who are in bad standing as of the date the nominating ballots are mailed shall have “VERIFY STANDING ON COUNT DATE” prominently displayed.

b. Active members casting nominating ballots shall return the commitment to serve card and the marked ballots in the transmittal envelope provided for that purpose. The Ballot Certification Committee shall tally and certify the results of the self-nomination ballot in accordance with Article VIII.C.1. of the Constitution and Bylaws.

Candidates receiving nominations for each office will be contacted by telephone and/or e-mail in order to seek a commitment to serve statement, in the event candidate has not already provided such a statement. A copy of the e-mail will be sent to the Local Council President.  The nominee shall have fourteen (14) days to respond to indicate a commitment to serve.

3. Commitment To Serve – A commitment to serve card notice to be filled in by the member completing the nomination ballot will be included in the transmittal envelope shall include: “I recognize that in running for AFA local office, I commit to the highest ideals of the Union, its ethical practices and the AFA Constitution and Bylaws.” The order of preference may be indicated after each office.

2018 COMMITTEE RECOMMENDATION FORM

 

Agenda Item              13

Committee                 4

Subject:                      Election – Nomination Process (Article VIII.C.)

 

 

The Committee recommends the resolution not be adopted.

 

Signature:      Todd Failla, Committee Chairperson

  

Action Taken by the Board:            

Voice                 Division of the House            Roll Call  X 

 

_______Adopted                Date:   4/10/18            Time: 10:02 am

_______Adopted as Amended

__X___ Not Adopted

_______Tabled

_______Recommitted to Agenda Committee

_______Withdrawn

Agenda Item #12

ASSOCIATION OF FLIGHT ATTENDANTS-CWA, AFL-CIO

FORTY SIXTH BOARD OF DIRECTORS MEETING

APRIL 9 – APRIL 11, 2018

ATLANTIC CITY, NEW JERSEY

SUBJECT:    Elected Officer – Position Abandonment

STATEMENT OF QUESTION:

Should there be provisions to replace Local Officers who are no longer performing their duties or have become non-contactable or non-responsive?

SOURCE AND DATE SUBMITTED:       Strategic Planning Committee – March 9, 2018

BACKGROUND INFORMATION:

While not common, Local Officer failure to perform or even to respond does happen.  Many times failure to perform becomes evident when the Officer fails to respond to communications or is non-contactable.  A process would be developed to ensure all possible attempts have been tried to make contact, the procedures to take if the issue is not resolved.

The SPC was concerned that a determination has to be made as to whether the apparent “abandonment” was due to other life-issues or an intentional abandonment.

If it is determined that the Officer has actually abandoned their position by failing to respond and perform normal representational activities, then existing procedures would be used to remove the individual from the position.  These procedures would include provisions of Article IX (Recall) and Article X (Charges).

It is important to distinguish this concept of “position abandonment” from that of an elected Officer requesting a voluntary leave of absence.

In any case, when a position is abandoned, members, representatives, and other officers are not receiving the necessary responses and representation is not being appropriately provided.

PROPOSED RESOLUTION:

WHEREAS, there is no existing constitutional language to address a situation when Local Councils experience the failure of an elected Officer to perform the duties of the office or is not contactable by the members or other LEC or MEC Officers;

THEREFORE BE IT RESOLVED, that Article III.C.3. be amended as follows:

  1. Jurisdiction and Duties

In accomplishing the duties specified below, Officers shall be contactable and responsive to communications from members, representatives, and other Officers of the Union.

BE IT FURTHER RESOLVED, that Article VII.C.2. be amended as follows:

  1. Jurisdiction and Duties

In accomplishing the duties specified below, Officers shall be contactable and responsive to communications from members, representatives, and other Officers of the Union.

2018 COMMITTEE RECOMMENDATION FORM

 

Agenda Item              12

Committee                 3

Subject:                      Elected Officer – Position Abandonment

  

The Committee recommends the resolution be adopted as proposed.

 

Signature:      Anita Jwanouskos, Committee Chairperson

 

Action Taken by the Board:            

Voice   X           Division of the House            Roll Call      

 

___X___Adopted Unanimously            Date:  4/11/18        Time: 9:35 am

_______Adopted as Amended

_______Not Adopted

_______Tabled

_______Recommitted to Agenda Committee

_______Withdrawn

Agenda Item #11

ASSOCIATION OF FLIGHT ATTENDANTS-CWA, AFL-CIO

FORTY SIXTH BOARD OF DIRECTORS MEETING

APRIL 9 – APRIL 11, 2018

ATLANTIC CITY, NEW JERSEY

SUBJECT:    Officer Leaves of Absence

STATEMENT OF QUESTION:

Should an AFA LEC or MEC Officer be afforded the option of taking a voluntary Leave of Absence from the responsibilities and duties of elected office?

SOURCE AND DATE SUBMITTED:       Strategic Planning Committee – March 9, 2018

BACKGROUND INFORMATION:

Currently, there is no existing constitutional language to provide a mechanism for Local Officers or MEC Officers to take a voluntary leave of absence (LOA) so as to attend to personal issues, illnesses, maternity/paternity, or care of family members.

The purpose of this agenda item is to determine if new provisions should be added to the Constitution and Bylaws (C&B) to provide for this.

For many years, AFA has fought to include LOA’s in Collective Bargaining Agreements (CBA’s) so as to provide our members time away from work to attend to caring for themselves or their families.  This agenda item would provide a similar ability to LEC or MEC Officers.

It is important to emphasize that this would be of a voluntary nature, and the decision to apply would be completely a decision of the individual LEC or MEC Officer.

This agenda item would enshrine LOA language as a constitutional provision.  This would provide a legitimate vehicle and create a “safe space” for LEC or MEC Officers to take an LOA, if so needed and desired.  This would enable an Officer to eliminate the conflict of conducting representational activities while trying simultaneously to address a situation that is causing the need and desire for the LOA.  It would also establish a structure and process to eliminate confusion of “who’s in charge” and also allow for the individual Officer to focus on addressing the situation while on LOA.

In referring to the situation that is causing the need and desire for an LOA, this could be to address a significant medical condition, treatment, or some other non-medical matter.  The situation could be acute (short-term) or chronic (multiple LOA’s).  It could be for a Maternity or Paternity LOA.

With respect to duration, an LOA from LEC or MEC Officer responsibilities for 30-90 days would be considered reasonable.  There would definitely be a distinction between “time off” and “leave of absence.”  This would not envision brief time periods such as “on vacation” or a “death in family.”  It would also not be envisioned to be an extended portion of a three-year term.

With respect to process, the individual Officer would notify and consult with the Director of EAP, then decide upon notifications to members, MEC Officers, other LEC’s, and management.  Additionally, there would be a process to establish clarity around who has the authority to make decisions while an LEC or MEC President is on an LOA.

PROPOSED RESOLUTION:

WHEREAS, many AFA Collective Bargaining Agreements (CBA’s) contain provisions for members to take a voluntary leave of absence (LOA) from their position as a Flight Attendant, yet our Constitution and Bylaws (C&B) does not contain similar provisions for our elected LEC and MEC Officers; and,

WHEREAS, including an LOA provision with in the C&B affords LEC and MEC Officers an ability to take an approved voluntary leave for the purpose of addressing a personal situation; and,

WHEREAS, a process would be established that enables LEC or MEC Officers to “leave” and “return,” and would clarify who has decision-making authority during the LOA;

THEREFORE BE IT RESOLVED, that a new Section I.H. be added as follows:

Section I.H. – Leave of Absence from Elected Office

  1. Any LEC or MEC Officer, may, upon proper notice on the AFA Leave form provided to the Director of EAP, take a leave of absence from the duties and responsibilities of their respective elected position. Such leave of absence, available in 30 day increments for up to 90 days, will be taken on a voluntarily basis.  An Officer taking a Leave shall not be eligible to receive any Flight Pay Loss or reimbursement of personal expenses for the duration of the Leave.

BE IT FURTHER RESOLVED, the remaining Sections I through S be re-lettered accordingly; and,

BE IT FINALLY RESOLVED, the International Secretary-Treasurer will work with the Director of EAP to define the applicable procedures, and submit these to the Executive Board for their approval.

2018 COMMITTEE RECOMMENDATION FORM

Agenda Item              11 

Committee                 3

Subject:    Elected Officer – Leaves of Absence – Union Work

 

The Committee recommends the resolution be adopted as proposed.

 

Signature:      Anita Jwanouskos, Committee Chairperson

  

Action Taken by the Board:            

Voice   X           Division of the House            Roll Call      

 

___X___Adopted Unanimously        Date:   4/10/18        Time: 5:18 pm

_______Adopted as Amended

_______Not Adopted

_______Tabled

_______Recommitted to Agenda Committee

_______Withdrawn

Agenda Item #10

ASSOCIATION OF FLIGHT ATTENDANTS-CWA, AFL-CIO

FORTY SIXTH BOARD OF DIRECTORS MEETING

APRIL 9 – APRIL 11, 2018

ATLANTIC CITY, NEW JERSEY

SUBJECT:    Dues Deferrals (Article II.C.1.b.(4))

STATEMENT OF QUESTION:     Should Dues Deferrals be approved by the International Secretary-Treasurer?

SOURCE AND DATE SUBMITTED:       Strategic Planning Committee – March 9, 2018

BACKGROUND INFORMATION:

In 2002 the AFA Board of Directors amended to the AFA Constitution & Bylaws by changing the approval of a dues deferral from the Master Executive Council during regular scheduled meetings to the Local Executive Council.  This was meant to streamline the process for the member.

PROPOSED RESOLUTION:

WHEREAS, the deferral process has become more cumbersome for Flight Attendants who may be on leave due to illness or caring for a family member; and,

WHEREAS, the current process requires the Flight Attendant to complete a dues deferral request application and then mail the application to the LECP.  The LECP in turn approves/denies the application and returns the application to AFA Membership Services; and,

WHEREAS, this process often breaks down, causing both frustration, extras steps, and repeated mailings; and,

WHEREAS, a streamlined dues deferral process benefits both members and our union;

THEREFORE BE IT RESOLVED, that Article II.C.1.b.(4) be amended as follows:

In the event any member in good standing on leave becomes delinquent in payment of dues for months prior to becoming inactive, because of financial hardship, that member may be exempt from paying the dues obligation during such leave period by the application to and approval of the Local Executive Council International Secretary-Treasurer.  It is the responsibility of the Local Executive Council President to diligently track the return of the deferred member to active status.

2018 COMMITTEE RECOMMENDATION FORM

Agenda Item              10

Committee                 2

Subject:                      Dues Deferral (Article II.C.1.b.(4))

 

The Committee recommends the resolution be adopted as amended:

THEREFORE BE IT RESOLVED, that Article II.C.1.b.(4) be amended as follows:

In the event any member in good standing on leave becomes delinquent in payment of dues for months prior to becoming inactive, because of financial hardship, that member may be exempt from paying the dues obligation during such leave period by the application to and approval of the Local Executive Council International Secretary-Treasurer.  The International Secretary-Treasurer will notify the Local Executive Council of all dues deferrals. With respect to unusual deferrals, the Local Executive Council will be consulted for approval.  It is the responsibility of the Local Executive Council President to diligently track the return of the deferred member to active status.

Signature:      Rick Gonzalez, Committee Chairperson

  

Action Taken by the Board:            

Voice   X           Division of the House            Roll Call      

 

_______Adopted           Date:     4/10/18      Time: 5:16 pm

___X__ Adopted as Amended

_______Not Adopted

_______Tabled

_______Recommitted to Agenda Committee

_______Withdrawn

Agenda Item #9

ASSOCIATION OF FLIGHT ATTENDANTS-CWA, AFL-CIO

FORTY SIXTH BOARD OF DIRECTORS MEETING

APRIL 9 – APRIL 11, 2018

ATLANTIC CITY, NEW JERSEY

SUBJECT:    Dues Coupon Booklets

STATEMENT OF QUESTION:     Should Coupon Booklets be eliminated?

SOURCE AND DATE SUBMITTED:       Strategic Planning Committee – March 9, 2018

BACKGROUND INFORMATION:

When AFA merged with CWA in 2004, the CWA dues processing system was utilized to process AFA dues.  Processing dues efficiently was difficult and invoicing of the monthly dues many times caused delays.  In 2006 the AFA C&B was changed to provide a monthly coupon booklet to those who chose to pay monthly.

Even though coupons are distributed to members not on payroll deduction, most people do not use the actual coupons but instead, pay dues online.

Today, dues processing is more streamlined and AFA has more control over the process.  Reverting to monthly invoices can be done more efficiently now; members prefer it; and, the new CWA dues processing system will allow invoices to be sent on a monthly basis by email.

PROPOSED RESOLUTION:

THEREFORE BE IT RESOLVED, that Article XI.B.5. be amended as follows:

  1. An annual “coupon booklet” shall be mailed to all members who have not chosen to pay annually or who are not on dues check-off on a monthly basis. Dues notices shall be sent on a monthly basis to all members who have not chosen to pay annually or who are not on dues check-off.

2018 COMMITTEE RECOMMENDATION FORM

 

Agenda Item              9

Committee                 2

Subject:      Dues Coupon Booklets – Eliminate (Article XI.B.5.)

 

The Committee recommends the resolution be adopted as proposed.

 

Signature:      Rick Gonzalez, Committee Chairperson

 

Action Taken by the Board:            

Voice   X           Division of the House            Roll Call      

 

___X_ _Adopted Unanimously      Date: 4/10/18     Time: 9:15 am

_______Adopted as Amended

_______Not Adopted

_______Tabled

_______Recommitted to Agenda Committee

_______Withdrawn

Agenda Item #8

ASSOCIATION OF FLIGHT ATTENDANTS-CWA, AFL-CIO

FORTY SIXTH BOARD OF DIRECTORS MEETING

APRIL 9 – APRIL 11, 2018

ATLANTIC CITY, NEW JERSEY

SUBJECT:    Dual Unionism (Article X.A.1.)

STATEMENT OF QUESTION:

Should Article X.A.1. be amended to include dual unionism as a reason for expulsion?

SOURCE AND DATE SUBMITTED:       Strategic Planning Committee – March 9, 2018

BACKGROUND INFORMATION:

The primary purpose of this amendment is to insert a technical correction into the AFA C&B.

The concept of “dual unionism” is most definitely more than merely “belonging” to another union, or just maintaining membership in another union.  This new provision is addresses an additional type of dual unionism, whereby an individual is functioning, being or acting as an officer, leader, or proponent of an adversary union.  For example, it is certainly permissible for an AFA member to also be a member of a Union for Nurses.  Conversely, it would be inappropriate for an AFA member to be a member or leader in another Flight Attendant Union, especially if there was any competition or question about bargaining rights.

This provision is meant to protect our Union from any individual member taking action to interfere with collective bargaining rights.

This is referred to as a “technical correction” as the provision currently exists within the CWA Constitution, so per our AFA-CWA Merger Agreement, this provision currently applies to AFA members.

The reason for including the specific language in the AFA C&B is to ensure it is clearly explained, available and visible to anyone to whom it may apply.  This is not to be confused with an individual acting as a lifetime member of AFA who is also an officer in another Flight Attendant Union.

PROPOSED RESOLUTION:

THEREFORE BE IT RESOLVED, that a new Article X.A.1. be amended to include a new Article X.A.1.j.  be added as follows:

  1. j. Willfully supporting or assisting any other labor organization in connection with a claim of jurisdiction in conflict with the jurisdiction of the Union; or willfully supporting or assisting any person, group of persons or organization in any act or activities for the purpose of seeking or obtaining the replacement of the Union as collective bargaining representative.

BE IT FURTHER RESOLVED, that the remaining sections of Article X.A.1.j. through Article X.A.1.l. be renumbered;

BE IT FURTHER RESOLVED, that Article X.C. should be amended as follows:

C. Status of an Accused Member

Status of an accused member in good standing may not be changed until all actions, hearings and appeals set forth in Section D. and F. of this Article have been completed and final adjudication provided, or the time limit for any appeal has expired.  A member in such cases shall be afforded full protection and services of the Union, provided that such member’s financial obligation to the Union remains current.  This provision does not apply in the event of a finding that a violation of Article X.A.1.j. occurred.

Date:   4/9/2018

Time:   8:15 pm

2018 COMMITTEE RECOMMENDATION FORM 

 

Agenda Item              8

Committee                 8

Subject:                      Dual Unionism (Article X.A.1.)

 

The Committee recommends the resolution be adopted as amended:

 

PROPOSED RESOLUTION:

 

THEREFORE BE IT RESOLVED, that a new Article X.A.1. be amended to include a new Article X.A.1.j.  be added as follows:

 

  1. j. Willfully supporting or assisting any other labor organization in connection with a claim of jurisdiction in conflict with the jurisdiction of the Union; or willfully supporting or assisting any person, group of persons or organization in any act or activities for the purpose of seeking or obtaining the replacement of the Union as collective bargaining representative.

 

BE IT FURTHER RESOLVED, that the remaining sections of Article X.A.1.j. through Article X.A.1.l. be renumbered;

 

BE IT FURTHER RESOLVED, that Article X.C. should be amended as follows:

C. Status of an Accused Member

1. Status of an accused member in good standing may not be changed until all actions, hearings and appeals set forth in Section D. and F. of this Article have been completed and final adjudication provided, or the time limit for any appeal has expired. A member in such cases shall be afforded full protection and services of the Union, provided that such member’s financial obligation to the Union remains current.  This provision does not apply in the event of a finding that a violation of Article X.A.1.j. occurred. 

2. If the accused member is charged with a violation of Article X.A.1.J., the accused member may be temporarily suspended from office by a two-thirds (2/3) vote of the Executive Board pending final determination of the charges by the Hearing Board and Appeal procedures.

 

Signature:      Robert Barrow, Committee Chairperson

 

Action Taken by the Board:    Voice   X          Division of the House            Roll Call      

 

_______Adopted Unanimously    Date:  4/10/18    Time: 11:08 am

      X__ Adopted as Amended

_______Not Adopted

_______Tabled

_______Recommitted to Agenda Committee

_______Withdrawn