AFA Victory In PO/PVD Lawsuit!

On April 28, the parties signed the negotiated settlement for the PO to PVD lawsuit.  The most significant parts of the settlement can be summarized as follows:

The parties will agree to a list of flight attendants and dates on which those flight attendants took a PO, and whose subsequent request to convert the PO to a PVD was declined due to “staffing.” 

The list was subject to certain conditions including the following:

a.    it only includes dates between December 1, 2004 and December 1, 2005 (because we alleged in the lawsuit that the Company started violating the PO to PVD award in December 2004), 

b.    we had to confirm that a PO was actually taken on the day alleged, and

c.     the flight attendant had to have PVD’s available as of the date of the PO (in other words, if you had already converted six PO’s to six PVD’s, you couldn’t claim a seventh).

d.    Otherwise, the Company agreed to just “take our word for it” that the request was made and declined due to staffing, as written records may not always be 100% accurate.

The flight attendants on that list will receive the following forms of compensation:

1.                Each flight attendant on that list will receive pay for each PO listed.  The amount of pay will be 3.45 hours multiplied by the hourly rate of pay the flight attendant was earning on that date.  That pay will occur in a regular paycheck.

2.                The Company will change the flight attendants’ attendance records (HI-10M, C-23, and attendance calendar) for each date to reflect that the PO was converted to a PVD.

3.                If an attendance occurrence was issued as a result of a listed PO, that occurrence will be removed from the flight attendant’s record.

4.                Flight attendants who received and grieved, attendance-based discipline due, in part, to one of these listed PO’s will have their discipline reduced accordingly.

5.                The changes to flight attendants records listed in points 2, 3, and 4 should be made by May 28, 2006. Each LEC president has the authority to check flight attendants’ files to confirm that these changes have been made; and, of course, flight attendants already have the right to check their own files.  The Company will provide each flight attendant a copy of his or her updated attendance records at his or her request.

If you should have any further, questions please contact a Local Council Officer or representative.