Agenda Item #14
SUBJECT: Study by the Strategic Planning Committee (SPC)
STATEMENT OF QUESTION:
Should the Strategic Planning Committee (SPC) be tasked with studying provisions of the AFA Constitution and Bylaws (C&B) and make recommendations to the next Board of Director’s meeting?
SOURCE AN DATE SUBMITTED: International President – April 15, 2015
BACKGROUND INFORMATION:
From time to time, representation issues arise which the C&B, as written, either does not address or which could be viewed as cumbersome or inefficient.
The Strategic Planning Committee (SPC) could be tasked with reviewing selected constitutional provisions to determine the following: (1) Determine the scope of issues identified as problematic; (2) Explore possible alternative solutions; and, (3) Submit advanced agenda item(s) for consideration by the Board of Directors.
Some provisions that have tentatively been identified that relate to the following topics:
- Minimum number of members to open a Council;
- Minimum number of members to dissolve a Council;
- Provisions for an elected officer to take a leave from her/his union position
- Provisions for when an elected officer is absent from her/his union position
- The number of required officers in transitional councils
- The number of required officers in small councils
- The time line from election until assuming office, including Special Elections
Topics such as these could be identified by the Executive Board and International President for the SPC to study.
PROPOSED RESOLUTION:
WHEREAS, the AFA-CWA Constitution and Bylaws (C&B) is a living document that can and must be adapted as situations arise or change; and,
WHEREAS, recommendations for such changes should be fully considered and vetted before being presented to the Board of Directors for consideration; and,
WHEREAS, various issues have arisen that are either not addressed by the C&B or that current language proves inefficient to address;
THEREFORE BE IT RESOLVED, that the Strategic Planning Committee (SPC) is tasked with considering specific constitutional provisions as identified by the Executive Board, the International Officers, and the SPC; and,
BE IT FURTHER RESOLVED, that the SPC will determine the scope of the issue, explore possible alternative solutions, and submit pertinent advanced agenda items, if warranted; and,
BE IT FINALLY RESOLVED, that the SPC will provide interim working reports to the Executive Board at its next in-person meeting in September 2016 and its 1st Quarterly conference call in 2017, and a final report by March 1, 2017.
Agenda Item #13
SUBJECT: Never Forget 9/11 Honor Guard
STATEMENT OF QUESTION:
Should a “Never Forget 9/11 Honor Guard” be established?
SOURCE AND DATE SUBMITTED: International President – April 15, 2016
BACKGROUND INFORMATION:
As an organization and as individuals we have pledged to Never Forget our Flight Attendant Heroes from September 11. Each year solemn memorials and commemorations take place at the National September 11 Memorial in New York, the National 9/11 Pentagon Memorial, and the Flight 93 National Memorial in Shanksville, PA. An official AFA “Never Forget 9/11 Honor Guard” will help to ensure that we honor our pledge and that our Heroes are remembered each year, in perpetuity, with Flight Attendant representatives in uniform.
The 9/11 Honor Guard would be selected by the Executive Board each year from among volunteers in recognition of their service and dedication to projects and events in support of our Never Forget legislative agenda. This is envisioned as a way to recognize service in the cause of our Never Forget initiatives, to attract new activists, to represent our union and our flying partners at these annual memorials, and to educate succeeding generations of Flight Attendants about our 9/11 legacy.
It is anticipated that costs associated with the 9/11 Honor Guard would include a nominal amount of flight pay loss, hotel and travel expenses associated with attending memorial events. The 9/11 Honor Guard would be responsible for placing the flowers already approved by the Board of Directors and for other ceremonial duties in connection with the memorials.
At its September 2015 in-person Meeting, the Executive Board directed that an advanced agenda item be submitted to the 2016 AFA-CWA Board of Directors to establish this Never Forget 9/11 Honor Guard.
PROPOSED RESOLUTION:
WHEREAS, AFA-CWA has pledged to Never Forget our 9/11 Flight Attendant Heroes; and,
WHEREAS, the presence and participation of Flight Attendants in annual 9/11 memorials and ceremonies at the National September 11 Memorial in New York, the National 9/11 Pentagon Memorial, and the Flight 93 National Memorial in Shanksville, PA will ensure the memory of our Flight Attendant Heroes;
THEREFORE BE IT RESOLVED, that the AFA-CWA Executive Board directed that an advance agenda item would be submitted to the 2016 AFA-CWA Board of Directors to establish a 9/11 Honor Guard, which would be selected each year from among volunteers in recognition of their service and dedication to projects and events in support of our Never Forget agenda; and,
BE IT FURTHER RESOLVED, that the AFA Government Affairs Department, in consultation with the International Officers, shall establish an application form that may be submitted for consideration as an Honor Guard member after volunteer work of one day on our Never Forget agenda with the understanding that members who volunteer may submit an application after each day of activism; and,
BE IT FURTHER RESOLVED, that the AFA-CWA Executive Board, pending approval of the AFA-CWA Board of Directors at its 2016 Meeting, shall review the applications during its July meeting and select the first annual Honor Guard for attendance at remembrance services marking the 15th years since the events of September 11, 2001; and,
BE IT FURTHER RESOLVED, that adequate funding shall be provided to ensure that the 9/11 Honor Guard may carry out its duties each year; and,
BE IT FINALLY RESOLVED, that the 9/11 Honor Guard shall attend 9/11 memorials and commemorations each year at the National September 11 Memorial in New York, the National 9/11 Pentagon Memorial, and the Flight 93 National Memorial in Shanksville, PA to help to represent our Union and to honor the memory of all of our Flight Attendant Heroes.
Agenda Item #12
SUBJECT: Negotiations Policy – Preamble & First Contracts (Section VI.)
STATEMENT OF QUESTION:
Should the AFA-CWA Policy Manual include language in the Contract Negotiations section that supports a focus on timely conclusion of first contract negotiations?
SOURCE AN DATE SUBMITTED: International President – April 15, 2016
BACKGROUND INFORMATION:
There is a need to insert a level of “urgency” to all contract negotiations, but especially to that of negotiating first contracts. Consideration should be given to creating urgency around deadlines, defined priorities, and membership engagement.
Negotiation of first contracts in a timely manner is a matter of critical importance to AFA-CWA. Without the protections of a first contract, Flight Attendants will continue to be fired at will with few legal protections. These same Flight Attendants organized in order to gain job security and improve their working conditions, but employers use delay tactics to withhold the protections and full benefits of unionization.
PROPOSED RESOLUTION:
WHEREAS, our primary purpose as a Union is to provide every measure of job security possible; and,
WHEREAS, the benefits of organizing are only truly realized for the membership upon ratification of the first contract;
THEREFORE BE IT RESOLVED, that the following Preamble to Section VI. of the AFA-CWA Policy Manual shall be inserted prior to Section VI.A:
The negotiation of industry-leading collective bargaining agreements covering Flight Attendant rates of pay, benefits, work rules and working conditions, and retirement forms the “bedrock” reason for the existence of all labor unions, and is a key aspect of the Mission Statement of the Association of Flight Attendants-CWA. To achieve that end, the Union is committed to establishing policies and practices that ensure that its members obtain the greatest benefit possible from the collective bargaining process. Most significantly, AFA negotiates contracts that reflect the priorities of the membership and raise the standard of living for all Flight Attendants.
BE IT FINALLY RESOLVED, that the following language be inserted as a new Section VI.B.11. of the AFA-CWA Policy Manual:
- First Contracts: The following special considerations shall govern the negotiations of first collective bargaining agreements. Negotiations of a first contract shall be the number one priority of the Transitional Master Executive Council. In order to achieve an effective and expeditious bargaining process, the Transitional MEC President/Negotiating Committee, in consultation with the International President and the Director of Collective Bargaining, will develop a strategic bargaining plan that recognizes both the priorities as identified by our members and the need to achieve the protections of a first contract in the most expeditious manner possible. The timely negotiation and conclusion of a first contract is necessary to continue the momentum from the representation election, capitalize on the new AFA members’ desire for Union representation, and satisfy the reasons these members chose to become AFA Members. Benchmarks will be established to identify management stall tactics and ensure negotiations are being conducted in the most expeditious fashion possible.
Agenda Item #11
SUBJECT: Negotiations Policy – Tips from Onboard Sales (Section VI.C.35.)
STATEMENT OF QUESTION:
Should Section VI.C.35. be amended to include the practice of tipping for onboard sales?
SOURCE AN DATE SUBMITTED: Frontier MEC – March 11, 2016
BACKGROUND INFORMATION:
In the fall of 2015, Frontier Airlines introduced to new credit card sales device for the purpose of maintaining a cashless cabin for all on-board sales. The device includes the ability for passengers to add a tip on top of their purchase. The tips are shared by all Flight Attendants working that leg of the flight, and each Flight Attendant’s accumulated tips for the month will be paid in their paychecks approximately 50 days later.
Although performing on-board sales is a required duty, there is no ability (at this time) for a flight attendant to opt out of receiving tips. No other airline in the United States provides a means for passengers to add a tip to their on-board purchase using a credit card device. Frontier is the first, and will most likely not be the last.
There is no language in the Constitution and By-Laws that gives the Association of Flight Attendants-CWA a position on this issue.
PROPOSED RESOLUTION:
WHEREAS, receipt of “tips” from sales of onboard products or services is a new factor within the airline industry that could provide additional income to members; and,
WHEREAS, AFA-CWA would adamantly oppose a management approach that lowers hourly wages by imposing a compensation package based upon tips;
THEREFORE BE IT RESOLVED, that Section VI.C.35. of the AFA-CWA Policy Manual be amended as follows:
- AFA-CWA shall adamantly oppose any management effort to lower hourly wage rates by imposing a compensation package requiring a flight attendant to make up for lost wages through income earned by commission or tipsfrom sales of on board products and services. AFA-CWA shall also oppose any management attempt to propose future pay raises based exclusively on commission or tip-based sales of on board products and services. AFA-CWA shall further adamantly oppose any management effort to require sales quotas for on board sales as a means of punitive action toward a flight attendant. Commission and tip income that is earned in addition to contractual hourly wages and which benefit our members is acceptable.
Agenda Item #10
SUBJECT: Flight Pay Loss (FPL) Accountability
STATEMENT OF QUESTION:
Should existing policies be further refined to ensure compliance with the Constitution and Bylaws and Federal Regulations?
SOURCE AN DATE SUBMITTED: International President – April 15, 2016
BACKGROUND INFORMATION:
Article XV.A. of the AFA-CWA Constitution and Bylaws (C&B) states the following:
Every AFA-CWA officer and representative, whether elected or appointed, has a high fiduciary duty and sacred trust to serve the best interests of the members honestly and faithfully.
It is recognized that union work is voluntary in nature, and that for the most part, Officers and Representatives contribute much of their time voluntarily. In reality, it is also recognized that there is a need to reimburse individuals for flight hours lost due to performing union work. Finally, it is well understood that FPL is typically the highest cost incurred in any budget.
A high priority for AFA is that the use of FPL is beyond ethical reproach, and done so in a manner fully compliant with our C&B. Further, DOL requirements highlight the need to keep real-time records of FPL expenditures. To guide us, there are various Articles and Sections of the C&B that contain provisions related to reimbursements of Flight Pay Loss (FPL) and Expenses. These include the following:
Articles
I.R. There shall be no salary for any Officer, except per Article IV.H.
IV.H. Salary provisions for International Officers
Sections
IV.B. No Salaries for MEC Officers
IV.D. FPL Reimbursement Procedures
IV.D.4. Return of Lost Vacations
IV.E Time Limitations for Submissions
These constitutional provisions and other policies and procedures are designed to ensure accountability and transparency.
Due to some potential problems brought to the attention of the International Officers, it may be desirable to further delineate some procedures related to FPL administration. These would ensure the following:
- Must ensure compliance that Flight Attendants doing union work are not salaried employees of the Union
- FPL must relate to normal earnings of the F/A member
- There must be a connection between FPL hours and normal flight hours lost
- If hours are not “lost” in sense of trips released, FPL hours must relate to schedule that could have been held given seniority in base to ensure reasonableness
- There must be a balance between FPL Hours; Flight Hours Lost; and Hours Worked on behalf of the membership
- Must ensure budgetary compliance
- FPL should be charged to the budget under which work is performed
- FPL must be moderated and monitored to ensure over budget conditions are not created
- Must ensure transparency
- This enables members to hold leaders accountable
- Must ensure proper documentation
- This is necessary to ensure compliance with C&B and budgetary limitations
- This provides the basis for reporting to the DOL
- DOL would expect certain procedures to document that FPL is used in accordance with C&B and for the benefit of the membership
- This enables transparency so members can hold leaders accountable
- Activity Reports will document that union work was performed
(An online portal could be developed to facilitate and simplify the record-keeping process to document FPL hours, hours worked, and project that was worked.)
PROPOSED RESOLUTION:
WHEREAS, maintaining a high fiduciary duty and sacred trust to serve the best interests of the members honestly and faithfully is principle of utmost priority; and,
WHEREAS, Flight Pay Loss (FPL) is not only one of the highest costs encountered by the Union, but a necessity to ensure that union Officers and Activists recoup the pay associated with flight hours lost due to performance of union work; and,
WHEREAS, various Articles and Sections of the AFA-CWA Constitution and Bylaws (C&B) as well as the Department of Labor (DOL) regulations both provide guidance on acceptable practices and procedures; and,
WHEREAS, compliance with C&B provisions and DOL regulations would be further assisted by more detailed guidance within the AFA-CWA Policy Manual;
THEREFORE BE IT RESOLVED, that Section IV.D.1. be amended as follows:
D. Reimbursement Procedure
- Flight Pay Loss Reimbursement Procedure
a. Reimbursement for Flight Pay Loss (FPL) directly from the Union is accomplished by submitting a record of trips lost on a Union Report of Flight Pay Loss form which may be obtained from the Local Council President or the Accounting Department at the International Office. Such Report of Flight Pay Loss shall be submitted by the member at the time of trip(s) dropped and s/he shall be immediately reimbursed. Company pay vouchers for the month during which a trip(s) were lost must be submitted when received by the flight attendant.
b. Authorizing a number of hours of FPL for an individual must recognize that per Article I.R., FPL should not be considered a salary from the Union. Instead, FPL is a reimbursement for flight hours lost due to work performed for the Union on behalf of the membership, FPL hours must not only relate to flight hours lost, but must relate to hours of work performed and any applicable budgetary limitations.
c. Approved FPL hours must be charged to a budget that would normally be associated with the work performed.
d. Documentation of FPL hours is the responsibility of the person receiving the FPL, as overseen by LEC President, MEC President, or other individual responsible for the applicable budget. Documentation should be sufficient to substantiate that work on behalf of the membership was performed, and should be collected on a monthly basis through activity reports to correlate to the FPL billing period.