Dear Members,
- WHAT IS "ILLEGAL THROUGH NO FAULT AFTER
THE TIME OF AWARD" AND HOW DOES IT WORK?
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AFA Local Numbers
WHAT IS "ILLEGAL THROUGH NO FAULT AFTER THE TIME
OF AWARD" AND HOW DOES IT WORK?
Very simply, "Illegal Through No Fault After The Time Of Award" occurs
when a Flight is flying a trip and for some reason, rest requirement
legalities or flight time legalities, cause the Flight Attendant to
become illegal to originate their next pairing.
The following Collective Bargaining Agreement (CBA) language (Section
9.G.3-page 9-21) is very clear with regard to the point at which a
Flight Attendant splits on to a trip the Flight Attendant was illegal to
originate through no fault of his/her own.
3. Illegal Through No Fault After The Time of Award
a. If, after the time of award, a flight attendant becomes illegal
through no fault of his/her own to originate his/her pairing, such
flight attendant shall have the option of splitting on to the pairing,
once he/she becomes legal, at the point the pairing passes through
his/her domicile. If the pairing does not pass through the flight
attendant's domicile, he/she will be permitted to pick up the pairing at
the point where he/she becomes legal.
(1) For pairings other than such flight attendant's last trip of the bid
month, such flight attendant shall be paid and credited for any
portion(s) of the pairing flown by a substitute crew, up to the point
where he/she splits back on or could have split back on.
(a) As an exception to this paragraph, a reserve awarded a pairing via
the ETB on non-inviolable (OFF) days and subsequently awarded/assigned a
pairing by Crew Scheduling on AVL days prior to such ETB trip will not
be afforded pay protection.
(2) If such pairing was the flight attendant's last trip of the bid
month, he/she shall be paid and credited in accordance with Paragraph
G.5. below. (paid and credited for the entire pairing)
Despite the clear language of the contract, the Company was consistently
forcing a Flight Attendant who was illegal to originate a pairing to
deadhead and split back on to the pairing at the moment he/she became
legal regardless of whether or not the pairing passed through the Flight
Attendant's domicile at a later time. The language means a Flight
Attendant will be required to deadhead to split back on the pairing only
if the pairing does not pass through the Flight Attendant's domicile.
The Company disputed the clear language and intent of the above
contractual provision. The Association of Flight Attendants (AFA) filed
a grievance under the terms of the CBA to resolve the dispute. The
Company denied the grievance based on past practice. The above contract
language was added to the CBA in 2000 and the Company was citing
pre-2000 past practice as the basis for their argument. AFA submitted
the case for arbitration and a hearing was scheduled for September 17.
Prior to the arbitration date the Company agreed to settle the dispute
in the Union's favor by adhering to the existing contract language and
not reverting to past practice. The final details were worked out and
agreed to last week.
Below are three examples that demonstrate how Illegal Through No Fault
language is applied with respect to where, when and if a Lineholder
Flight Attendant splits back onto a trip the Flight Attendant was
illegal to originate. Reserve Flight Attendant requirements will be
discussed following the examples.
(Note- Flight numbers and times have been omitted from all examples
because they are irrelevant)
# 1 - A Flight Attendant is illegal to originate three-day pairing
#90001 due to rest requirement legalities and the trip passes through
the Flight Attendant's domicile at a later time when the Flight
Attendant is legal to complete the trip.
Pairing # 90001
Day 1 0900 PHL-CLT-SAN (RON)
Day 2 0900 SAN-PHL-BUF (RON)
Day 3 0900 BUF-CLT-PHL
(Flight Attendant becomes legal at 1000 on Day 1)
Application of the CBA language:
Since pairing #90001 passes through the domicile on Day 2, the
Lineholder Flight Attendant who was illegal to originate the pairing on
Day 1 has the option to split back on the pairing in PHL on Day 2 and
complete pairing. A Flight Attendant who chooses to split back on the
pairing will be pay protected for the portion of the trip flown by
another Flight Attendant and paid for the remainder of the trip.
A Flight Attendant who chooses not to split back on the pairing is only
pay protected up to the point he/she was legal to split back on the trip
in their domicile and is required to make up the difference in time in
order to meet his/her obligation.
# 2 - A Flight Attendant is illegal to originate three-day pairing #9002
due to rest requirement legalities and the pairing does not pass through
the Flight Attendant's domicile during the remainder of the pairing.
Pairing #90002
Day 1 0900 CLT-MIA-PHL-BUF (RON)
Day 2 0900 BUF-PHL-BUF (RON)
Day 3 0900 BUF-PHL-CLT
(Flight Attendant becomes legal at 1000 on Day 1)
Application of the CBA language:
Since pairing #90002 does not pass through the Flight Attendant's
domicile at any time during the pairing, the Flight Attendant has the
option to split back on the pairing at the first point the Flight
Attendant is legal to do so. In this example, the Flight Attendant will
have completed a legal rest break at 1000. A flight from CLT to PHL that
will arrive in time for the Flight Attendant to split back on the
pairing in PHL exists. If the Flight Attendant chooses to split back on
the pairing he/she will deadhead to PHL and complete the split onto the
pairing. The Flight Attendant will be pay protected for the CLT-MIA-PHL
portion of the pairing and paid for the remainder of the pairing.
If the Flight Attendant chooses not to split back on the pairing, he/she
will only be pay protected for the CLT-MIA-PHL portion of the pairing
and will be responsible for making up the difference in time in order to
meet his/her obligation.
#3 - A Flight Attendant is illegal to originate two-day pairing #90003
due to rest requirement legalities and the trip does not pass through
the Flight Attendant's domicile.
Paring # 90003
Day 1 0900 PHL-LAX (RON)
Day 2 1200 LAX-PHL
(Flight Attendant becomes legal at 1000 on Day 1)
Application of the CBA language:
This pairing strikes at the heart of the intent of the CBA language.
Like example #1 the Flight Attendant becomes legal at 1000 on Day 1.
Conceivably in both example #1 and example #3, the Flight Attendant,
after becoming legal on Day 1, could deadhead on Day 1 to split back on
the pairing and legally complete the pairing. This is exactly what
scheduling was requiring Flight Attendants to do and was the main point
of the AFA dispute.
The language was written and agreed to in order to minimize deadheads
and additional hotel rooms and still pay protect the Flight Attendants
who were illegal to originate a pairing through no fault.
In example #1 and #3 it is impractical for Flight Attendants to be
"cross-deadheading" around the system and also impractical to book
additional hotel rooms.
Therefore, in example #3, the Flight Attendant does not have to split
back on the trip since it does not ever pass through the Flight
Attendant's domicile and is pay protected for the entire trip.
Reserves and Illegal Through No Fault After The Time of Award -
A Reserve is processed in two different categories based on whether or
not a Reserve is illegal through no fault on an AVL day or on an off
day.
AVL DAY
If a Reserve is illegal through no fault to originate a pairing on an
AVL day the Reserve is removed from the trip and returned to AVL status.
A Reserve who is illegal to originate a pairing because he/she is
illegal through no fault on an AVL is pay protected in the following
manner:
Trip Passes Through Domicile:
A Reserve is pay protected for the portion up to where the trip passes
through the domicile and legal or, if assigned another trip, the greater
of the two.
Trip Does Not Pass Through Domicile:
A Reserve is pay protected for portion up to where the trip could have
been split and legal or, if assigned another trip, the greater of the
two. If the trip is unable to be split, as in example #3 above, a
Reserve is paid the greater of the value of the trip or actual trip
flown.
Off DAY
If a Reserve is illegal to originate a trip because he/she is illegal
through no fault on an OFF or INV day the Reserve is split back on the
trip in the same manner as a Lineholder.
The CBA does not provide for pay protection if a Reserve is illegal to
originate a trip on an OFF day but does provide for pay protection on an
INV day. CBA Section 9.G.3.a (1) (a) is cited below:
(a) As an exception to this paragraph, a reserve awarded a pairing via
the ETB on non-inviolable (OFF) days and subsequently awarded/assigned a
pairing by Crew Scheduling on AVL days prior to such ETB trip will not
be afforded pay protection.
In conclusion, the Company has agreed to the Union's position regarding
where and when a Flight Attendant splits back onto a pairing he/she was
illegal to originate trough no fault. Crew Schedulers have been briefed
and the proper procedure. If you are asked to split onto a trip outside
of the CBA language, ask to speak to a Crew Scheduling Supervisor and
call your local Union office.
Thank you,
Mike Flores, President
The US Airways Master Executive Council
AFA-CWA |
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AFA Local Numbers
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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