TWU Contract Education - TWU FSI Flight ...
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TWU Contract Education
FSI Flight Attendant Negotiating Team •Brittney Todd •Abel Lorenzo •Joshua Marcy •Rob O’Neil
FSI TWU Advisors • Thom McDaniel – TWU International Vice President and Staff Representative, TWU and former President of TWU Local 556 – The Union of SWA Flight Attendants • Michael Arthur – TWU Communications and Data and Southwest Airlines Flight Attendant • Mark Richard – Labor Attorney for 40 years – assisted Contract Negotiations with TWU at American Airlines, Southwest Airlines, Allegiant Airlines, Eastern Airlines, and JetBlue Flight Attendants and countless others with other non airline unions. • Dan Akins – Esteemed Airline Economist – London School of Economics
Negotiating History and Background FSI Flight Attendants voted for the Transport Workers Union as their Union on January 16, 2016. A Negotiating Team (NT) was immediately put into place and FSI Flight Attendants were surveyed on their priorities for a historic first contract. Your NT went to the Negotiating Table for the first time on April 20, 2016 and has been negotiating since then. In addition to the normal difficulties of negotiating a first contract from scratch, the absence of scheduled flying created additional difficulties for your NT to be able to hold regular negotiations. Nevertheless, the TWU persisted, and even with the added complication of COVID-19 over the past year, your NT has reached a Tentative Agreement for FSI Flight Attendants to vote on.
FSI — The Big Challenge The biggest challenge faced by your Negotiating Team is that FSI is not an airline. It is a service provider and is unique in that aspect as a Flight Attendant employer. While FSI only has one Airline Client (Atlas Air) that client was not at the table and are not party to the Contract. While there are other airlines who compete with Atlas for the same type of charter flying, they all employ their own Flight Attendants and do not contract them as Atlas does. At the beginning of our negotiation, there were two other Flight Attendant groups employed by Norwegian Air, but neither one does that type of flying anymore, so their contracts are null and void. Simply said, this Agreement can not be compared to conventional Flight Attendant contracts due to the unique aspects of FSI flying and contractual relationship with their Airline Client(s).
Railway Labor Act
• United States labor law that governs labor
relations in the railroad and airline industries
• Establishes rules for bargaining and creates a
process companies and unions must follow
• Prevent unexpected or “wildcat” strikes
• Prevent the shutdown of commerce
• Rules for Negotiating
• FSI may continue to make arbitrary changes to
work rules, with few restrictions, without a
Collective Bargaining Agreement (CBA)
• “Status Quo” is created with a contract. FSI may
not change work rules, hours of service,
compensation, or benefits without negotiating
with the Union. This provides the foundation for
your Contract that can be built on and improved
in future negotiations.First Contracts,Status Quo, and “At-Will” • Until you have a first contract, the Company is legally allowed to change work rules, wages, and benefits without negotiating with the Union. • Employees are “at-will” employees until a first contract is reached meaning that they can be disciplined or terminated without just cause or due process. • After a first contract is reached, the Company cannot make changes without negotiating with the Union. • After a first contract is reached, Employees have a Grievance Process and System Board of Adjustment procedures to protect against unjust discipline and contract violations.
TWU Gains Section 1: Status — Establishes TWU as exclusive representative for FSI Flight Attendants Section 2: Definitions — Defines mutually agreed upon meanings for terms specific to the contract to avoid interpretation disputes Section 3: Recognition and Scope • Recognizes TWU as exclusive representative for FSI Flight Attendants • Protects work done by contracted FSI Flight Attendants • Protects Contract in case of merger or acquisition • Protects FSI Flight Attendants in case of seniority integration
TWU Gains Section 4: Compensation • Immediate 8% Per Hour increase to Pay Scale • Purser Pay at additional $6.00 per hour • Assistant Purser at additional $4.50 per hour • Duty Rig locked at one (1) credit hour for each 3.65 hours TAFB equalling 6.58 per day • BMG guaranteed at 70 hours per month • Vacation, sick leave and training credit of 3.34 hours per day • VX, JA day, and Holiday pay at additional 5.0 hours per day • Hot Airport Standby at additional 2.0 hours
TWU Gains Section 4: Compensation (continued) • Holiday pay for 10 paid Holidays • Hostile area operations pay at additional 50% premium • Longevity bonus of 5% after first 3 years of service • Home-based Computer Training at $75.00 for 4 hours and $15.00 for each additional hour • Payroll mistakes corrected with 7 days Section 5: Benefits • Benefits locked in at current rates for Atlas Flight Attendants • 401(k) Plan: FSI pays 50% up to the first 10% of employee contribution
Current Pay Scale
Role Flight Attendant Assistant Purser Purser
Training $20.00 $23.00 $25.00
Year 1 $22.00 $26.00 $28.00
Year 2 $22.70 $27.00 $29.00
Year 3 $23.40 $28.00 $30.00
Year 4 $24.10 $29.00 $$31.00
Year 5 $24.82 $29.87 $32.27
Year 6 $25.57 $30.76 $33.24
Year 7 $26.33 $31.89 $34.24
Year 8 $27.12 $32.64 $35.26
Year 9 $27.94 $33.62 $36.32
Year 10 $28.78 $34.63 $37.41New 12 Step Pay Scale – 8% Increase Role Flight Attendant Assistant Purser Purser Training $20.00 N/A N/A Year 1 $23.76 $28.26 $29.76 Year 2 $24.52 $29.02 $30.52 Year 3 $25.27 $29.77 $31.27 Year 4 $26.02 $30.53 $32.03 Year 5 $26.61 $31.31 $32.81 Year 6 $27.62 $32.12 $33.62 Year 7 $28.44 $32.94 $34.44 Year 8 $29.29 $33.79 $35.29 Year 9 $30.18 $34.68 $36.18 Year 10 $31.08 $35.58 $37.08 Year 11 $31.70 $36.20 $37.70 Year 12 $32.34 $36.84 $38.34
TWU Gains Section 6: Expenses • Employer provided hotel rooms or equivalent and transportation • Per diem increase to $2.10 per hour • Company reimbursement for inoculations • Paid parking for Atlas Air Flight Attendants Section 7: Medical Examinations — Process for Flight Attendant to challenge Company’s determination about fitness for duty Section 8: Leaves of Absence • FMLA Requirements • Medical Leave Provisions • Paid Bereavement Leave for up to four (4) days • Additional unpaid Bereavement at discretion of the Company.
TWU Gains Section 8 Leaves of Absence (continued) • Jury Duty Leave • OJI Leave • Military Leave • Personal Leave at discretion of the Company • Accrual of Seniority on Leave of Absence • Accrual of Longevity for up to 60 days on Leave of Absence Section 9: Vacation • Additional week of Vacation beginning in tenth year — 21 Days • Vacation payout in month following vacation month • Vacation cancellation protection • Vacation paid at 3.34 hours per day
TWU Gains Section 10: Sick Absences • Sick days accrued at one (1) day for every month of active service • Sick days credited the following month • Maximum sick bank accrual of 30 days • May be returned to service prior to 3-day minimum • Sick day credit of 3.34 hours per day toward BMG • Flight Attendant above BMG will be credited at 3.34 hours per day over BMG • A Flight Attendant who calls out sick mid pairing will be returned Base Section 11: Safety and Health • Company will recognize Union Health and Safety Committee • FSI will comply with all requirements for a safe and healthy workplace
TWU Gains Section 12: Hours of Service • Establishes Duty Period Limitations & Rest periods, in conjunction with FARs • Report and Release times for duty and rest • On Board Crew Rest procedures • Fatigue Risk Management requirement Section 13: Filling of Vacancies, Temporary Duty, Initial New Hire Assignments • Establishes provisions for Pursers and Flight Attendants in new Bases • Requires Seniority to be used when filling Base vacancies • Sets Requirements for Domestic and International vacancies • Establishes criteria for Co-Terminals • Lists requirements for Temporary Duty Assignments (TDY)
TWU Gains Section 13: Filling of Vacancies, TDY, New Hire Assignments (continued) • Protects current FSI Flight Attendants from being displaced New Hires • Creates procedures for Base closures and reductions Section 14: Scheduling • Airline Clients must notify Flight Attendants and Union Scheduling Committee of Scheduling and Bidding changes ASAP • Scheduled Days off to be in Base • Schedules awarded by Seniority • Return from Leave Procedures • Training Conflict options • Limits Involuntary extensions to no more than four (4) days
TWU Gains Section 14: Scheduling (continued) • Voluntary Assignment (VX) • Deadhead Procedures • Requires full Company reimbursement for checking required baggage • Flight Attendants to retain Frequent Flyer Miles • Company must provide recorded Scheduling Conversations to Union for Grievance purposes • Establishes Union Scheduling Committee (USC) • Minimum 11 Scheduled Days Off per month • Minimum Scheduled Days Off when returning from LOA
TWU Gains Section 15: Reserve • Residence, Hotel, and Hot Standby Reserve Rules • Contact and Response time for Reserves • Limitation on requirement to check for schedule changes while on an Assignment Section 16: Seniority • First day of training is Seniority Date • Criteria for issuing Seniority Number in Training • Protest Process for Seniority List • Seniority Limitation on Management • Probation Period of 9 months • Purser Seniority based on position on Client Seniority List
TWU Gains Section 17: Uniforms • Atlas Uniform Account of at least $350 per year • Provides alterations for 3 uniform pieces per year • Company must pay 100% if they change uniforms • Company must pay for alterations if they change uniforms • Company must provide alternate required uniform pieces • Exceptions for alternative pieces for uniform allergies • Company must provide maternity uniform or reimburse for similar maternity clothes • Company will replace luggage and uniforms lost or damaged on duty
TWU Gains Section 18 — Grievances • Establishes grievance procedures for discipline or discharge • Establishes grievance procedures for contract violations • Sets time limits for filing and responding to grievances • Flight Attendants may have a Union Representative present at any time during any meeting that could lead to discipline or discharge • Allows Probationary Flight Attendants to have Union Representative present at any meeting involving discipline or discharge • Makes disciplinary letters null and void after 18 months • Provides pay protection for disciplinary meetings
TWU Gains Section 19 — System Board of Adjustment (SBA) • Establishes neutral panel for resolution of disciplinary/discharge and contractual grievances • Decisions of the SBA are final and binding on the Company Section 20 — Furlough and Recall • Procedures for Voluntary Furlough Leaves, if necessary • Accrual of Seniority and Longevity for Voluntary Furlough Leaves • Provisions for Involuntary Furlough by inverse Seniority • Accrual of Seniority while on Involuntary Furlough • Guarantees recall rights for eighteen (18) months • Guarantees recall is done in Seniority order
TWU Gains Section 21: General and Miscellaneous • Contract supersedes any previous agreements regarding rates of pay, rules, or working conditions • Pay protects Flight Attendant required to testify in court for the Company • Establishes Voluntary COPE payroll deductions Section 22 — General Union Information • Establishes Union Bulletin Board in Base • Allows Union 45 minutes for Union orientation for New Hires • Establishes Union Committees to give input to the Company • Provides criteria for Union access to Company Scheduling information • Procedures for Flight Attendants to have access to her/his personnel file
TWU Gains Section 23: Union Business • Processes and procedures for Flight Attendants to be relieved from flying duties to do Union Business • Procedures for Union to reimburse the Company Section 24: Union Security • Automatic dues deduction for Membership dues • Service Charge and dues delinquency if necessary Section 25: Non-Discrimination • Prohibits discrimination, by the Company or Union, because of sex, sexual orientation, gender identity, color, race, creed, age, national origin, religion, pregnancy, handicap, disability, legal immigration status, union activity, veteran status, or any other characteristic protected under applicable federal or state law.
TWU Gains Section 26: Savings Clause — If any part of the Contract is altered or becomes void due to a change in law or court ruling, the remainder of the Agreement will remain intact Section 27: Internment, Hostage, Prisoner of War • Provides pay protection for a Flight Attendant who is held hostage or is missing, for up to 18 months • Provides benefits for a Flight Attendant and dependents, if a Flight Attendant is held hostage or missing for up to 18 months, under the provisions of the Company insurance policies • Provides death benefits from FSI’s insurer if there is sufficient evidence of the Flight Attendant’s death or the 18 month time period ends
TWU Gains Section 28: Effective Date and Duration — Establishes a contract duration of 5 years with an early opening date one year prior (4 years) Letter of Agreement # 1: Flying for Atlas Air — Contains provisions (pay, per diem, uniform allowance, vacation and sick time) only applicable to Atlas Flight Attendants, which are noted individual articles in this presentation Appendix A: Rate Chart/Longevity Step Increases — Pay rates for Atlas Flight Attendants reflecting an eight (8) % increase in the base rate Appendix B: Employee Medical/Dental, Vision Benefits per paycheck Letter of Agreement # 2: Implementation Agreement — Timing for Contract provisions to begin Letter of Agreement # 3: Seniority List for Current Instructors and Base Coordinators — Agreement for current Flight Attendant Instructors and Base Coordinators to accrue Seniority for an additional year or equal to their years of service as a qualified Flight Attendant if they do not return to the Flight Attendant Class and Craft
What is the difference between the Contract and LOAs? • No difference between the Contract and Letters of Agreement (LOAs) • Carry same weight, are unchangeable, and are enforceable through the Grievance Process • May address time periods or issues irrelevant to Contract • LOA # 1: • Specific to Atlas Flight Attendants • May not apply to another group if FSI gets additional clients. • LOA # 3: • Applies to current Instructors and Base Coordinators • Would not apply to Instructors and/or Base Coordinators hired after ratification
MYTHBUSTER We should get a signing bonus or “retro pay”? • “Retro pay” negotiable when an existing contract is amended • FSI unwilling to entertain signing bonus; without a first Contract in place, TWU held no leverage • FSI demonstrated that they will not go beyond what is required, which is why having an enforceable agreement is important.
MYTHBUSTER
“You should always vote no on the first deal
to get something better.”
• This was not the first deal.Your NT has spent 5 years negotiating this
Agreement stopped most concessions Management wanted.
• FSI can implement any changes at any time, and we could return to the table in
a worse position.
• There is no time frame on how long it could take to return to negotiate a new
agreement. FSI FAs would be left without the immediate protections and
benefits of this agreement.
• FSI could seek concessions when we return to the table.
• Time is money – while there is no guarantee you could negotiate future
improvements, you are missing out on immediate protections and benefitsMYTHBUSTERS
“The Union just wants us to vote yes to get
our dues.”
• Unlike most unions, TWU does not require dues until first CBA
• After your first Contract is ratified, you will have your own Union
Leadership to use your dues for your Flight Attendant Members
• Majority of your dues stays with your Local to build the Local and
enforce your Contract
• Your Union wants your to have the protections and benefits that you
only get with a ratified ContractUnion Security and Dues • Dues will be $26.00 per month. This is based on a weighted average of the new pay scale. • Dues will begin after ratification, once dues check-off cards are signed. • Dues will automatically be deducted from your check on the 15th of month. • Flight Attendants on Leaves will not owe dues until after they return to active service. • The TWU International does not have an initiation or membership fee. • Many unions pay a flat rate where TWU is more equitable based on a weighted average.
Resources for FSI Flight Attendants • TWU FSI Website—5y.twu.org • Q and As, regularly updated on the website • Contact your TWU IFC Negotiating Team TWUnt@twu.org • TWU FSI Ratification Webinars with NT and Advisors • TWU FSI Tele-Town Halls • Contract Action Team (CAT) Members
FSI vs. Omni
Contractual Guarantees FSI Omni
Years 1-5: 5 days per year
Paid Sick Days 12 days per year
Years 6+: 6 days per year
Maximum Vacation 21 days per year 17 days per year
Purser Premium $6.00 per hour for all credit hours $4.00 per hour only for hours worked as a purser
Bid Month Guarantee 70 hours per month 65 hours per month
Bereavement Pay 4 paid days 3 paid days
401K Match 50% up to first 10% of contribution 30% of FAs contribution up to 5%
Scheduled Days Off 11 per month 9 per month
Paid Holidays 9 per year at additional 5.0 hours No paid holidays
Hostile Operations Pay Additional 50% Premium No Hostile Operations pay
1 hour for every 3.65 hours away from
TAFB Credit RIG No trip RIG – block pay only
base, equaling 6.58 hours per dayWhat happens if we vote “No”? • Your NT will return to negotiations after surveying Flight Attendants. • Company or Union could request Federal Mediation under the RLA. Federal mediators cannot settle contracts, but can require the parties to meet. • All items would be re-opened for negotiation. • There is no time limit for reaching an Agreement. • Flight Attendants could get improvements in a new Agreement, but could also lose benefits or protections in the current TA.
Railway Labor Act
What happens if we vote “Yes” • Most benefits of the Contract (i.e. pay raises, per diem increases, and Grievance Procedures) become immediately effective. Others, such as additional vacation, will take effect within the next few months. • Flight Attendants will sign authorization cards which will make you Members in good standing of the Union. • You will build your structure as a Union with elected Flight Attendants representatives, committees, etc. • You will have the legal protections that only a ratified Collective Bargaining Agreement can give you.
Questions & Answers
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