AFA - US AIRWAYS System Board of Adjustment
In the Matter of the Arbitration between
the Association of Flight Attendants, AFL-CIO
and US Airways, Inc.
Expedited Award
On January 14, 2004, the Association of Flight Attendants ("Association") and US Airways, Inc. ("Company") appeared before the undersigned System Board of Adjustment ("Board") for an expedited hearing on the following issue:
Did US Airways violate Section 1.C of the Restructuring Agreement by imposing involuntary furloughs for January 15, 2004 without offering voluntary furloughs? If so, what shall be the remedy?
Since the involuntary furlough at issue is scheduled to occur tomorrow, the parties asked the Board to issue an Expedited Award with a full opinion to follow after the Board's receipt of the transcript of hearing and any written closing statements which would supplement the oral summations on January 14, 2004.
Upon thorough consideration of the evidence and argument presented, the Board finds and hereby AWARDS as follows:
The grievance is sustained in part.
Under the collective bargaining agreement and the 2002 Restructuring Agreement, when the Company institutes a reduction in force which results in the furlough of covered employees, the Company must offer a voluntary furlough to commence with the involuntary furlough. Here, the Company had a reduction in force which triggered the application of Section 1.C of the Restructuring Agreement. Accordingly, the Company violated Section 1.C when it imposed involuntary furloughs for January 15, 2004 without offering voluntary furloughs.
The Board hereby retains jurisdiction over the remedy, if any, due to any employees adversely affected by the Award. The Board expressly declines to award punitive damages for actions arising prior to January 14, 2004.
| Bonnie Siber Weinstock |
|
| Neutral Chair |
|
| Stephani L.
Brown |
Cindi A. Simone |
| Concur |
Dissent |
|
|
| Edward J. Gilmartin |
Wendy Stockton |
| Concur |
Dissent |
The Company has posted the following message in CBS advising flight attendants of its intent to offer a voluntary furlough:
"FOLLOWING AN EXPEDITED ARBITRATION BETWEEN US AIRWAYS AND THE
AFA, ARBITRATOR BONNIE WEINSTOCK RULED THIS EVENING THAT THE COMPANY IS OBLIGATED TO OFFER VOLUNTARY FURLOUGHS AS THE RESULT OF 200 ACTIVE INVOLUNTARY FURLOUGHS ANNOUNCED ON DECEMBER 30, 2003. IN ACCORDANCE WITH THE ARBITRATOR'S DECISION, US AIRWAYS WILL OFFER 200 VOLUNTARY FURLOUGHS. WE WILL UPDATE THIS MESSAGE TOMORROW ONCE MORE DETAILS ARE AVAILABLE."
REMINDERS:
Accessing The Hub:
http://thehub.usairways.com
Logging in the first time your user name is u0(zero) and your five digit employee number. Your initial password is the first five digits of your social security number. Questions about the Hub? Call 800-327-0117 and listen for the catcrew help desk prompts.
AFA Local Numbers
Council 40 PIT 724-695-3329
Council 41 DCA 703-690-6859
Council 69 BOS 978-352-7401
Council 70 PHL 215-492-0840
Council 82 LGA 201-803-6141
Council 89 CLT 704-527-0325
New Hotline Number Toll Free: 866-USA-AFA2
US AIRWAYS Benefits Information 800-872-4780
Reply to Inflight: askinflight@usairways.com
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