Agenda Item # 14
SUBJECT: Electronic Communications, Website and Social Media Policy
STATEMENT OF QUESTION:
Should the AFA Board of Directors adopt and implement the Electronic Communications, website and social media policy recommendations of the Social Media Committee created by the 2014 Board?
SOURCE AND DATE SUBMITTED: International President – February 27, 2015
BACKGROUND INFORMATION:
The 2014 Board of Directors created a committee charged with conducting research into the topic of Electronic Communications, website and Social Media polices. The Board further directed this committee to provide a report to the 2015 Board of Directors meeting containing their recommendations for an Electronic Communications, Website and Social Media Policy for our Union.
The Social Media Committee desires these policies be published on the AFA International website (www.afacwa.org), and that all official AFA websites/social media platforms should contain a link to the official social media policy for members. MECs and LECs are strongly encouraged to provide a link to the AFA Social Media Policy to their members. Additionally, MECs and LECs will also be able to reference these policies in managing their social media platforms, websites and electronic communications.
PROPOSED RESOLUTION:
WHEREAS, electronic communications, websites and various forms of social media have become commonplace and necessary tools for communicating with our members; and,
WHEREAS, the AFA Board of Directors recognizes the need to adopt a policy that provides important guidelines for both Union leaders and members in the electronic age where we now conduct our business; and,
WHEREAS, we must be diligent in our efforts to legally protect our organization and our members;
THEREFORE BE IT RESOLVED, that the AFA Board of Directors adopts the following policy recommendations of the Electronic Communications, Website and Social Media Committee.
Sample Disclaimer
Terms and Conditions
A. Your Acceptance Thank you for visiting the Association of Flight Attendants-CWA, AFL-CIO’s (AFA) Facebook page. The opinions expressed on this Fan Page represent the views of individuals, and not necessarily the views of AFA, or of any of its members or staff. All users of this web site agree that their access to and use of this web site are subject to the terms and conditions set forth in this legal notice and all applicable laws, and that any such access or use is undertaken at the user’s own risk. These terms and conditions further are subject to change at any time without prior notice. By visiting our Facebook page you agree to these terms and conditions. Please follow the Facebook terms and conditions, as well as the following guidelines, when posting comments or other material:
B. General Use of the Facebook Group—Permissions and Restrictions Note that individual posts from third parties don’t necessarily reflect accurate interpretations of your Collective Bargaining Agreement. Questions about the terms and conditions of your employment should be directed to your MEC or LEC officers. AFA is not responsible for content linked to this social media account. Be aware of policies—which vary by carrier—regulating communications over social media.
Never post inappropriate work or other personal information. If your post can lead to discipline by your supervisor at work, or lead to civil liability or criminal charges, it is inappropriate.
Use discretion when posting on this publically-accessible social media platform.
Do not disparage individuals, companies, unions, or other organizations.
Abusive, profane, hurtful, defamatory, harassing, or otherwise offensive language will be deleted.
Only post relevant material and do not duplicate postings. Avoid spam, advertisements, or solicitations.
Postings which violate copyright or trademark laws, or that are otherwise unlawful will be subject to removal.
We may also remove information that violates privacy laws, industry regulations or postings that don’t follow Facebook’s terms of use (http://www.facebook.com/policies).
Please contact if you believe there is objectionable content posted on this page.
C. Warranty Disclaimer THIS Facebook Group (AKA “WEBSITE”) IS PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AFA, AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “AFA PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE AFA PARTIES CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. NOR DO THE AFA PARTIES GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE AFA PARTIES DO NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
D. Limitation of Liability IN NO EVENT SHALL THE AFA PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT THEY ARE FORESEEABLE, RELATING TO THIS FACEBOOK GROUP (AKA “WEBSITE”), INCLUDING ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AFA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE AFA PARTIES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OF THE PROVISIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE AFA PARTIES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF YOUR USE OF AND ACCESS TO THE WEBSITE OR YOUR VIOLATION OF ANY OF THIS USER AGREEMENT. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THIS USER AGREEMENT AND YOUR USE OF THE WEBSITE.
E. Miscellaneous You and AFA agree that any cause of action arising out of or related to the Facebook Group must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This User Agreement is made effective as of May 1, 2015.
Officer/Representative Social Media Policy
The Association of Flight Attendants-CWA, AFL-CIO respects the right of its officers and representatives to use Facebook and other social media tools not only as a form of self-expression, but also as a means to further AFA’s presence online. It is important that our officers and representatives are aware of the implications of engaging in social media and online conversations that reference AFA, airline employers, or government agencies, and that they recognize when the Union might be held responsible for their behavior. Our expectations for personal and professional/official use of social media are set forth separately below:
• Be trained. All authorized Union spokespeople must complete the necessary AFA-authorized internal training before speaking on behalf of AFA. AFA International will provide the standardized training.
• Follow all applicable Union policies and all other applicable provisions of the AFA Constitution & By-Laws, especially Article XV (Ethical Practices Code) and the AFA Mutual Respect Policy.
• Disclose your specific affiliation with AFA (i.e. Master Executive Council, President, AFA-Envoy Airlines). Any officer or representative speaking on behalf of his/her members must be transparent and disclose his/her affiliation. Failure to do so could result in detrimental legal ramifications for both you and the Union.
• Where practical, use a separate account for personal use.
• Show respect and humility when posting.
• When in doubt, do not post.
• When in doubt, ask a member of the legal staff.
• Remember, your postings online are permanent (even when subsequently deleted). Be sensitive to political issues you comment on.
• Respect offline conversations, and do not share these conversations online unless you have written permission to do so.
• Adhere to your airline’s applicable social media policies.
• Don’t discuss confidential or proprietary information of either your airline or AFA (including, but not limited to, information from grievance or Employee Assistance Program (EAP) representation, or Company finances).
• Do not claim ownership of something that is not yours. This means that if you are using another’s content you must ask permission before using it and credit them for it. Images found on the Internet, Company logos, and even sounds may be trademarked or copyrighted.
• If you manage an official AFA social media account, that account is AFA property. This means that you don’t get to take it with you if you leave the Union position. Thus, you cannot change the password or the account name, or create a similar sounding account, or have any ownership of the contacts and connections you have gained through the account.
• Please note that while the language in this policy is informal, it is an official policy.
Member Social Media Policy The Association of Flight Attendants-CWA, AFL-CIO respects the right of its members to use Facebook and other social media tools not only as a form of self-expression, but also as a means to further AFA’s presence online. It is important that our members are aware of the implications of engaging in social media and online conversations that reference AFA, airline employers, or government agencies, and that they recognize when the Union might be held responsible for their behavior. Our expectations for use of social media are set forth separately below:
• Follow all applicable Union policies and all other applicable provisions of the AFA Constitution & By-Laws, especially the AFA Mutual Respect Policy.
• Show respect and humility when posting.
• When in doubt, do not post.
• When in doubt, ask your elected officers.
• Remember, your postings online are permanent (even when subsequently deleted). Be sensitive to political issues you comment on.
• Respect offline conversations, and do not share these conversations online unless you have written permission to do so.
• Adhere to your airline’s applicable social media policies.
• Don’t discuss confidential or proprietary information of either your airline or AFA (including, but not limited to, information from a grievance or the Employee Assistance Program (EAP), or Company finances).
• Do not claim ownership of something that is not yours. This means that if you are using another’s content you must ask permission before using it and credit them for it. Images found on the Internet, Company logos, and even sounds may be trademarked or copyrighted.
• Please note that while the language in this policy is informal, it is an official policy.
Agenda Item # 13
SUBJECT: Election Process – Staff Restrictions (Section IX.F.12.a.(3))
STATEMENT OF QUESTION:
Should the existing language be clarified so that it is understood that “staff” includes employees of AFA-CWA and any personnel under supervision of the Ballot Certification Committee ?
SOURCE AND DATE SUBMITTED: International President – February 27, 2015
BACKGROUND INFORMATION:
During certain election ballot counting, it has become a concern that there may not be enough AFA-CWA staff to support the needs of the Committee during a large ballot count. Additionally, with electronic balloting, it would be beneficial to have support from the vendor providing the services for questions, clarifications, and assistance with the programs and processes.
PROPOSED RESOLUTION:
WHEREAS, the environment for balloting is ever changing; and,
WHEREAS, it may become necessary to have additional qualified support during a large ballot count,
THEREFORE BE IT RESOLVED, that Section IX.F.12.a.(3) be amended as follows:
(3) Staff Restriction – Only AFA-CWA staff or authorized personnel and balloting vendors may assist the Committee during the count.
Agenda Item # 12
SUBJECT: Election Process – Postmark Dates (Section IX.)
STATEMENT OF QUESTION:
Should the requirement for a postmark date be eliminated from the process to elect Local Officers?
SOURCE AND DATE SUBMITTED: International President – February 27, 2015
BACKGROUND INFORMATION:
The Department of Labor (DOL) publishes guidelines for electing Local Union Officers by mail. Within those guidelines, DOL direction is that the Union must establish a date and time by which voted ballots must be received in order to be counted, and that it must clearly announce this deadline in the voting instructions.
The DOL specifically states “do not use a postmark date for the ballot return deadline date because a significant percentage of mail is not postmarked.” Additionally, the DOL will normally defer to a process that is more inclusive. If a ballot is received before the count date, but has a late postmark, then not counting the ballot would go against the desire to be inclusive.
PROPOSED RESOLUTION:
WHEREAS, the Department of Labor (DOL) specifically states “do not use a postmark date for the ballot return deadline date because a significant percentage of mail is not postmarked;”
THEREFORE BE IT RESOLVED, the International Secretary-Treasurer is directed to make the necessary changes in Section IX of the AFA CWA Constitution and Bylaws so as to remove the requirement for a postmark date in any Local Officer election, and ensure that the appropriate deadline for the date that ballots must be received by is noted.
Agenda Item # 11
SUBJECT: Nomination and Election 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 and election processes?
SOURCE AND DATE SUBMITTED: International President – February 27, 2015
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.
Elections could also be simplified, which could generate a potential cost savings. The simplification would be to forgo an election when a candidate is running unopposed by considering the sole candidate as duly elected. Given anyone with only a single supporter can be placed on the ballot, the need to conduct an election for an unidentified write-in candidate appears unnecessary.
While the savings for this change could be sizable, there is no way to predict how many elections would be unopposed, and thus duly elected.
PROPOSED RESOLUTION:
WHEREAS, significant savings can be achieved by simplifying the process to nominate candidates for Local Officer positions; and,
WHEREAS, the election process can be simplified by considering an unopposed candidate as “duly elected;”
THEREFORE BE IT RESOLVED, Article VIII.C.1. be changed as follows:
C. Local Council Officers and CWA Convention Delegates
- 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 and identifying the member(s) on the commitment to serve statement.
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, a new Article VIII.C.2.a.(5) be added:
(5) In the event that the only one candidate returns a commitment to serve in a timely manner, such candidate shall be considered duly elected to the desired position.
BE IT FINALLY RESOLVED, the International Secretary-Treasurer shall make other necessary changes to Section IX and elsewhere as needed to ensure consistency with the changes described above.
Agenda Item # 11
Agenda Item # 10
SUBJECT: Elections – Eligibility (Article III.C.2.a. & c.)
STATEMENT OF QUESTION:
Should Article III.C.2.a. and c. be clarified to address the eligibility of members on temporary assignment?
SOURCE AND DATE SUBMITTED: ALA 15, 18, 19, 30, and 39 – February 27, 2015
BACKGROUND INFORMATION:
ALA flight attendants have the ability to temporarily trade domiciles with another flight attendant for a period of three months at a time (“base swap”). There is no limit to the number of times a base swap may be renewed by the parties. However, if one of the flight attendants submits for a permanent base transfer, then the base swap is terminated when the permanent transfer is granted and the other flight attendant is recalled to her/his original base for the following bid month.
During the past two election cycles, there has been significant confusion amongst the members in regards to how base swaps affect eligibility to run for local office. We have also seen flight attendants effect base swaps in order to run for office in a particular council. Alaska is seeking clarification to Article III by specifying one must be a member of the local council no later than the nomination ballot count date in order to run for local office. Additionally, one cannot be on a base swap and run for local office unless a waiver is sought with the Master Executive Council pursuant to Article III.A.1.
PROPOSED RESOLUTION:
WHEREAS, temporary assignments to other bases have caused confusion in the processes of nominations and elections of Local Council Offices; and,
WHEREAS, clarification of eligibility requirements pertaining to members on temporary assignments are necessary;
THEREFORE BE IT RESOLVED, Article III.C.2.a. & c. be amended as follows:
a. Members wishing to run for local office must be active members in good standing from the Local Council at the time of nomination and election count dates. If on a temporary assignment from another Local Council, the procedures outlined in Article III.A.1. must be followed.
b. Local Council Officers shall hold office for the term elected, provided the officer remains an active member in good standing of that Local Council.
c. Members holding Local Executive Council office must belong to the Local Council at the domicile where that member holds a bid and cannot be on a temporary assignment to or from another Local Council, unless the procedures outlined in Article III.A.1. are complied with.
d. Notwithstanding the provisions of a., b., and c. above, any person barred from holding union office under the provisions of the Ethical Practices Code shall not be eligible to serve as an officer or representative.
Agenda Item # 9
SUBJECT: Elections – Eligibility – Flight Attendant Qualification Status for Officers/Staff (Various Articles)
STATEMENT OF QUESTION:
Should all AFA-CWA Officers and staff who hold a position on a represented carrier’s seniority list be required to maintain all flight attendant qualifications?
SOURCE AND DATE SUBMITTED: CAL 62, 63, 64 – February 27, 2015
BACKGROUND INFORMATION:
AFA-CWA as a Union of, by, and for flight attendants should be cognizant of the fact our members look to their leadership not only for representational issues, but rely on these leaders to know and be current with the daily realities of the flight attendant profession. By requiring all officers and staffers to remain qualified, we can truly say we are FAs for FAs.
PROPOSED RESOLUTION:
WHEREAS, AFA-CWA is a member oriented union, of, by, and for Flight Attendants; and,
WHEREAS, members expect their leadership not only to represent them, but to be aware of their daily realities; and,
WHEREAS, a non-qualified officer or staffer is legally prohibited from performing the duties of the rank and file; and,
WHEREAS, officers who allow themselves to lapse into non-qualified status are unable to properly represent the membership,
THEREFORE BE IT RESOLVED, that all AFA-CWA Officers and Staff who hold a position on a represented carrier’s seniority list will maintain all flight attendant qualifications.