• AFA RESPONSE TO HOLIDAY SEASON REMINDER CBS

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AFA RESPONSE TO HOLIDAY SEASON REMINDER CBS

The Company sent a Holiday Season Reminder CBS to the Flight Attendants last week and that CBS was relayed for informational purposes only via the AFA MEC ELINE. Below, in bold print, is the AFA response to that CBS-

Dear Flight Attendant:

As you know the Holiday Season is quickly approaching.
We are asking for your support and remind you that it is
critical to our success that you report for duty as scheduled.

AFA POSITION - Yes the Holiday season is indeed quickly approaching-it happens every year. Flight Attendants will report for duty as scheduled provided they are not sick.

Historically, we have seen a tremendous spike in sick calls
during the holidays. This has had a negative impact on
our operation, your fellow Flight Attendants and our ability
to give our customers the best service possible. In order
to ensure schedule integrity for you, our customers and to
ensure adequate operational coverage, please review the
following for leave of absence requests between the holiday
period including, November 15, 2007 - January 6, 2008:

AFA POSITION- AFA challenges the use of the term, "tremendous spike", in sick calls during the holidays. As you may remember the Company experienced a meltdown of their operations during the 2004 Christmas holiday season. The Company attempted to blame their failures on excessive sick calls. The Company dispatched then VP of Communications, Chris Chimes, to inform the media through various interviews the "meltdown" was caused by the so-called excessive sick calls. The public furor over the airline's failure led to a Department of Transportation investigation. The DOT investigation concluded that despite the Company's assertion, the "meltdown" was not the fault of the employees, but rather the fault of the Company for failing to adequately staff the airline.

*Requests for medical leave of absence for elective
surgery will not be granted if the absence encompasses
a holiday period. Elective surgery is defined as any
surgery for which a delay will not compromise the
employee's health or rehabilitation. Should you have
any questions as to whether your surgery is defined as
"elective," please contact InFlight Administration at
480-693-3239.

AFA POSITION- Although the definition of elective surgery may be correct the determination is not made by InFlight Administration-it is made by your physician.

There is nothing in our contract allowing InFlight Administration to determine whether your surgery is "elective". Your physician determines the nature of a medical leave. The contract does allow the Company to dispute your physician's determination by requiring an examination, at Company expense, by a Company appointed physician. In the event the Company physician and your physician disagree, a third impartial physician agreed upon by the Company's physician and your physician would be appointed to render a final decision. That expense of that examination is borne one-half by the Flight Attendant and one-half by the Flight Attendant. (Section 23)

In short InFlight Administration does not make the decision and calling them to determine, "whether or not your surgery is defined as 'elective' by contacting InFlight Administration" is not the complete process. In addition, all HIPPA privacy laws apply.


*Per Family Medical Leave Act guidelines, "An employee
requesting FMLA must give 30-days notice to the extent
that such advance notice is possible, i.e., for the
expected birth or adoption of a child, or planned
medical treatment for a child, spouse (as defined by
state law), parent or an employee's own serious health
condition. If the leave is unexpected, certification
must be provided within 15 days of the
commencement of the leave.

AFA POSITION - FMLA is a law. The Company has to abide by the statutes governing FMLA. AFA MEC Benefits Chairperson, Paul Frishkorn, has sent the Company a letter detailing the FMLA statutes. If you have any questions regarding your FMLA leave please contact Mr. Frishkorn at 610-544-2875.

As a reminder, InFlight Services reserves the right to invoke
Section 8. H. 2., of the US Airways/AFA Agreement, which
states, "...the Company may require a physician's written
confirmation of illness or injury..."

AFA POSITION- The "..." the CBS message "reminder" left out was the following Contract language from Section 8.H.2:

...or make personal inquiries of the type or nature of such illness or injury when a supervisor can demonstrate he/she has reasonable cause to believe that an individual flight attendant's use of sick leave may have been for other than legitimate reasons. Further, the cost of such physician's confirmation, pursuant to Paragraph H.1. above and this Paragraph, shall be borne by the Company with the understanding that a flight attendant may be required to see a physician of the Company's choice and at a time dictated by the Company.

In other words if the Company decides they want to challenge a sick call they believe is "for other than legitimate reasons", the Company has to pay for the physician visit.

Should the Company determine that a pattern of sick
occurrences (e.g. past holiday seasons, etc.) has been
established; InFlight Management will address these
situations with the appropriate action.

AFA POSITION- The Company's determination of a "pattern" is subject to both dispute and interpretation. Contractually the Company can't use any disciplinary letters issued more than twelve (12) months from the date of the most current "infraction". Just because someone called in sick last year does not mean that if that same person calls in sick this year a "pattern of sick occurrences" has been established.

People get sick-especially in the winter months. More people are traveling and Flight Attendants are therefore exposed exponentially more to various illnesses. As a result more sick calls may occur, not by nature of the fact there is a holiday, but by virtue of the season and the increased exposure. I certainly don't recall seeing any "Holiday Season Reminder" notices about the period of time between Memorial Day and Independence Day.

Thank you for your dedication and commitment. We
appreciate all that you do to support our airline!

AFA POSITION - No one trusts anyone at this Company anymore and no one believes that anyone really appreciates anything Flight Attendants do for this airline. AFA certainly does not believe that sending out the "Holiday Season Reminder" is an appropriate way to demonstrate Company appreciation.

Thank you,

Mike Flores, President
The US Airways Master Executive Council
AFA-CWA

~~~~~~~~~~~~~~~~~

AFA USAirways Website

www.afausairways.org

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AFA Local Numbers

Council 40 PIT 412-245-1214
Council 41 DCA 703-212-8090
Council 69 BOS 781-289-8454
Council 70 PHL 215-492-0840
Council 82 LGA 315-736-3483
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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