Association of Passenger Service Agents/CWA Local 6001

News of Interest for

American Airlines Agents.

The APFA Hotline

Association of Professional Flight attendants.

Below is the last Hotline message for American Airlines Flight Attendants pertaining to the current reduction in force.  You will notice with their union contract, the lowest in system seniority will be laid off first.  This is NOT the case for agents without a contract:

"This is an APFA HotLine update for Wednesday, July 2. This is Frank Bastien, National Communications Coordinator.

Due to the reduction in our fleet and flights previously announced by the company for later this year, American Airlines has delivered to APFA a “WARN” letter advising that the 900 most junior U.S. based Flight Attendants are subject to furlough effective August 31, 2008. Enacted in 1988, the Worker Adjustment and Retraining Notification Act (or WARN) requires a sixty (60) calendar-day advance notice of potential significant employee layoffs.

In previous HotLines, we have mentioned the use of voluntary Overage Leaves of Absence and Partnership Flying to mitigate possible job losses. We are very pleased to announce that yesterday an agreement was reached between American Airlines and APFA, in which the company will offer a one-time “Voluntary Bridge to Retirement” in advance of awarding any leaves and partnerships. Eligibility for the bridge is limited to Flight Attendants not currently on furlough, who are at least 50 years of age and who will have at least 15 years company seniority as of August 31, 2008. The agreement will be posted on the “Reduction in Force” page of the APFA website and complete details will be available on JetNet. Some provisions of the bridge include a severance payment of $15,000 and specific medical and pass benefits. Please review the company’s information for the complete provisions and restrictions.

Along with the bridge, the company will proffer Overage Leaves of Absence in accordance with Article 16 of the agreement and Partnership Flying in accordance with Appendix F. Both of these provisions, along with the one-time Voluntary Bridge to Retirement, are intended to minimize the manning overage and reduce the number of furloughs ultimately required.

Flight Service is still finalizing the Overage Leave and Partnership Flying bid packets, including the duration of the leave blocks and the bidding periods. Please continue to check this HotLine and the “Reduction in Force” page of the APFA website for details as they become available. In the meantime, the APFA website offers a Partnership Finder through the “Reduction in Force” link to aid those Flight Attendants wishing to bid for Partnership Flying in finding a suitable bidding partner.

The one-time Voluntary Bridge to Retirement will be awarded first, followed by leaves at bases with an overage. Where overages then still exist, partnerships will be awarded. After these three voluntary provisions are exhausted, and should any overage still exist, the company will then determine how many of the remaining 900 Flight Attendants are ultimately to be furloughed according to the provisions of Article 16.B.1 of the contract which states: “When there is a reduction in force, the Flight Attendant(s) with the least system seniority shall be laid off."

More information on this Reduction in Force will be added to the APFA website as it becomes available.

Thank you for calling the APFA HotLine."

 NOTE:  The APFA link on our Link Page above will take you to this message weekly.

WARN LETTERS

Worker Ajustment and Retraining Notification Act

(WARN)

Employees at airports, who will be affected by downsizing beginning September 3, 2008, should soon be receiving their WARN-Worker Adjustment and Retraining Notification Act, letters.  Below is some information and links to find more information on the WARN letters and why you will or will not receive one.  We have included links to the Department of Labor's website with direct access to the WARN ACT Section.   

WARN ACT INFO

In 1988, Congress passed the Worker Adjustment and Retraining Notification (WARN) Act to provide workers with sufficient time to prepare for the transition between the jobs they currently hold and new jobs. This transition may involve the provision of information about where new jobs may be found, or it may involve providing workers with other employment or retraining opportunities before they lose their jobs. In order to assist in maintaining the stability of the economy, the U.S. Department of Labor is committed to providing adjustment services to workers and employers and their affected communities.  Click on the link below to be taken to a WARN guide to have your questions answered. 

www.doleta.gov/programs/factsht/warn.asp

Would having a contract help?

     We have received some questions from agents regarding the WARN ACT and having a union in times of crisis like the industry is in now.  The most popular question is in regards to how the union groups at American Airlines vs. the Non-Union groups differ when it comes to downsizing and layoffs.  Often we hear, "A union can't help us when all airlines are in the same boat and the industry is such a mess."  Nothing could be further from the truth.  The provisions of WARN do not supersede any laws or collective bargaining agreements (union contracts) that provide for additional notice or additional rights and remedies.  WARN provides for a minimal amount of protections for workers.  (See Other Laws and Contracts below).

     Even when companies are in the shape the airlines industry is in now, union contracts must be adhered to and supercede other governmental laws and procedures if the bargaining agreement calls for more protection than the laws allow for.  If there are to be mergers and/or bankruptcies a bargaining agreement comes into play when it comes to issues like seniority, pay, benefits, and working conditions.  If a bankruptcy is in the works, those covered by a union contract would have representation in bankruptcy court. 

     Many carriers have tried, and often unsuccessfully, to have union contracts thrown out and nulified in bankruptcy court only to have the judge tell them to sit down and bargain a new contract before they will throw a contract out.  TWA's contract was thrown out at the request of American Airlines management in bankruptcy court because they were joining a non union represented group of agents at American. 

     Things could have worked out differently had both groups been represented by a union.  Things also could have worked out differently if American Airlines didn't request the courts to throw out TWA's contract.  If TWA remained represented we could have called for a combined union election and won to have all agents who are still here today covered by a bargaining agreement.  Management at American Airlines knew this and to make it more difficult to organize decided to ask the judge to throw out the contract at TWA, because they were joining a non-represented group at American Airlinesand  the judge obliged. 

     Although employees from Northwest, USAir, American Airlines union groups, and other represented carriers, will tell you that they lost a lot when the industry started sinking, most will tell you that they fared much better having representation in bankruptcy court or during concessionary bargaining then they would have had the company not be legally bound by a union contract.

     The agent worforce was close to 20,000 strong when TWA was purchased by American and today the agent workforce stands at 11,000 agents and will shrink more come September 3rd.  We have lost close to 45% of our agents to outsourcing, station and office closures, and the introduction of new technology.  The shrinking of our work force is causing us to work harder than ever before because of understaffing caused by things like cutbacks in full time jobs and technology that force things like mandatory overtime when we are faced with something other than a perfect operation.  Ask any agent and they probably can't tell you when they last worked during a perfect operation.  

OTHER LAWS AND CONTRACTS

Does WARN replace other notice laws or contracts? 

     The provisions of WARN do not supersede any laws or collective bargaining agreements that provide for additional notice or additional rights and remedies.  If another law or agreement provides for a longer notice period, WARN notice runs concurrently with that additional notice period. Collective bargaining agreements may be used to clarify or amplify the terms and conditions of WARN but may not reduce WARN rights. For example, if a collective bargaining agreement provides for an employer to issue written notice to the union 75 days in advance of anticipated layoffs, the provision will satisfy the WARN requirement for 60-day advance notice. On the other hand, if a collective bargaining agreement provides a 45-day notice period, the WARN requirement for 60 days’ notice supersedes that provision.

SJU Hub Taking a BIG Hit

Seniority at Eagle Being Ignored

June 23, 2008

     It was reported last week that layoffs at American Eagle in SJU will be done based on whether or not agents are ticket trained.  Seniority, once again, is being ignored.  How long will it be before this happens at American, if it ever happens? 

     American Airlines is cutting 47% of all flights to/from SJU and American Eagle is cutting 56% of all flights.  Overall AMR's capacity in SJU is shrinking by 52.6%.  

     We received a report that Eagle agents in SJU will cut based on whether of not they are ticket trained.  Agents working in areas that didn't require ticket training will be laid off regardless of seniority if they are not ticket trained.

     Although this has not happened at American Airlines, some may wonder if it could happen.  The answer to that question is YES.  Rules and procedures can and sometimes do fluctuate from station to station and from reduction-in-force to reduction in force. 

     The only way agents will ever know how reductions are to be handled is if they have a contract spelling out the procedures.  It is also a fact that having a union contract cannot stop layoffs, closures, and downsizing if the company needs to do so to remain competitive and profitable. 

     One thing that a contract would do is ensure that the rules and procedures for reductions and closures are in writing and cannot change from reduction to reduction or station to station the same.  Many airline contract also call for voluntary furloughs before layoffs.

     We haven't yet received information regarding the American Airlines layoffs in SJU other than the fact that they will be laying off back to 1989 or 1990 seniority. If you are affected by these layoffs and have information you may contact us by email or phone and we will post it.

     We will soon have a message board to compliment our website where you will be able to leave information about your jobs and stations that you wish to share with others across the system.  As soon as it is completed we will post it on this site and send out an email.