November Business Agents' Report
Stimulus Talks Fizzle
We had all been very hopeful that there would be a 2nd major Stimulus package by now that would have included new Paycheck Protection Program (PPP) provisions for the Airline Industry. The chances of that legislation being passed before the election has steadily dwindled to somewhere near zero. That being said, now that we have all but given up, they will probably get it done. Such is the nature of the absolute disfunction in D.C. these days.
Noting the same lack of progress, the Company recently decided that they would start giving out reporting dates to folks displacing out into the system as a result of the RIF shakedown. What that means is this: There is no longer any chance that the entire RIF will be completely rescinded. If there is a new PPP, United will use the Recall process to get those folks home that want to return. That way, anyone who wants to stay where they landed gets to do so. That, frankly, is only fair. The last thing anyone wants is for folks that have landed out in the system, who have bought houses and taken other steps to establish their new residency, to be told that they have to return. The problem is that this approach raises a whole new set of questions as to how the Company will handle the situation arising from new PPP money. All in all, the further we get from October 1st, the more complex any potential PPP remedy becomes and the more questions we will have about any process' used by the Company to comply with any legislative requirements.
The Numbers at SFO
As was widely expected, United Airlines chose to execute this RIF largely on the backs of our members at SFO. And while we will continue to fight what we believe were several blatant contract violations by the Company conducted under the cover of COVID darkness, the results of this RIF, as of now, are devastating to our folks.
The original RIF shakedown resulted in the following impacts at SFO:
504 Involuntary Furloughs
178 Layoff at the Point
28 Retirement in Lieu of Furlough
3 Separations
288 members bumped into the System
The subsequent RIF repull (more on that below) resulted in an additional 18 Involuntary Furloughs and 6 additional LAOP's at SFO. There were also some award results modified for other folks during that particular process, but the overall numbers remained largely the same with regard to members bumping into the system.
Honestly, we believe that the Company was extremely callous and opportunistic in the approach that they took towards SFO during this RIF and we are committed to the fight to restore all of the jobs that we can to SFO going forward. The reality is that current UAL management was fully aware of the history and what our folks have had to endure over the years and yet they still decided that sending 30-year plus folks to the street while they feed outside vendors all-they-can-eat is all good. Frankly, we are disgusted.
Grievance Update
The Union was able to prevail in two termination cases this month. One was returned without a hearing after our grievance was sustained. The second was a result of our first virtual System Board hearing with the Company in September. Although not a perfect platform by any means, due to what we feel is a somewhat impersonal setting for something as significant and ultra-personal as a termination hearing, we are nevertheless pleased with the result. We are pushing for additional dates to hear our remaining termination cases.
The remainder of our discussion will center around the current open grievances thus far generated by the Company's decisions with regard to SFO.
A grievance was filed challenging the Company's decision to cease doing Heavy Checks at SFO charging that the Company violated LOA #3 of the Collective Bargaining Agreement. That grievance is now at arbitration level and we are currently awaiting an arbitration date.
Another grievance was filed over alleging an Article 1 Scope violation with regards to the MPA work here at SFO. That grievance is also at Arbitration level awaiting assignment of an arbitrator and date.
Another scope grievance was filed regarding the Company use of outside vendors to do storage checks on United aircraft. That grievance is also currently at arbitration level.
It is our understanding that there are several system terminations at arbitration level rightfully prioritized to receive the earliest 2021 arbitration dates and that scope grievances will receive highest priority thereafter.
Two other sets of grievances that were generated systemwide had to do with the Company filling vacancies during the RIF and also the question of FRD vs Craft Seniority and will be further discussed below.
Additionally, there were several other grievances filed by individuals alleging other specific violations by the Company during RIF. These are currently working through the grievance process. We will report more on those as they progress through the grievance process.
'Vacancies during RIF' Grievances and the resulting LOA
There were several grievances filed systemwide, including at SFO, because of the Company using the RIF process to fill existing vacancies at several locations in the system, despite the contractual requirement to freeze all vacancies during a Reduction in Force situation. After the Union threatened legal action, the Company agreed to the remedies outlined in the Letter of Agreement signed on September 29th.
Because of some apparent confusion, we felt it prudent to address this issue briefly. First and foremost, the main reason that this issue was so important was that, by adding vacancies during the RIF, the Company robbed senior Technicians of the right to bid those vacancies using their Craft Seniority per Article 5 (Filling of Vacancies). During a RIF, most folks are just trying to keep a seat where they are at. More importantly, folks bumping into the system during a RIF are using Furlough Recall Date (FRD) Seniority to do so. That is why it was so important to make sure the Company removed those vacancies from the RIF.
The result of the LOA was that the senior technician awarded one of these wrongfully added vacancies, along with everyone junior to him, had the RIF shakedown redone. The purpose of the redo was to remove the vacancies and restore these stations to the headcount snapshot that was taken on July 17th. This redo resulted in approximately 250 additional furloughs systemwide.
The second phase of the remedy is currently underway. Vacancies are currently being posted at various locations for folks to bid using Craft Seniority.
After the vacancies are filled, all vacated positions will be backfilled through the recall process to achieve the October 1st headcount snapshot for the entire system.
The back-end result means there will not be any more individuals laid off than would have been if the first iteration of the RIF shakedown was left to stand. The difference is that the Company will have filled the vacancies in the correct manner. That way, the use of Craft Seniority for the filling of vacancies will have been honored in terms of what is required in Article 5 (Filling of Vacancies) AND the vacancy freeze during RIF situations will have been honored as is required in Article 6 (Reduction in Force).
Furlough Recall Date vs. Craft Seniority
As part of the LOA signed regarding the 'vacancies during RIF', an agreement was made to hold an expedited arbitration regarding the use of FRD to hold Bid Areas during the RIF.
As you all know, FRD is your company seniority adjusted for time in promoted status and as well as other 'adjustable' time off such as extended Leaves of Absence.
The arbitration will decide the question of whether the Company was right to allow folks with higher FRD to remain in their home Bid Areas (which they would have been displaced from by Craft Seniority) or whether they should have been reduced from their home Bid Areas by Craft Seniority, then forced to displace the person with the lowest FRD at the point when their RIF options were exercised. More to come.
Apologies to our Lead Technicians
Before we move on, we would like to send out a few words to all the Leads (current and displaced) for us missing the mark when it comes to the information that we relayed to you during our briefings in the runup to the RIF shakedown. Despite the plain language in Article 6 that was staring us in the face stating that. "The employees with the least Craft Seniority by classification, by station in the affected Bid Area will be reduced," we mistakenly believed that the Leads and Technicians in every BAQ would be on the same Bid Area RIF list. That was obviously wrong, and we apologize for the mistake. We tried very hard to get you all of the correct information you all needed to make sound decisions and on that one we missed the mark. We will refrain from throwing anyone under the bus and just go ahead and take full responsibility!
Bid Area Qualifications
During the period leading up to the RIF shakedown, and again afterwards, we were inundated with requests for help with BAQ's. Since then, we have spent a tremendous amount of time getting folks BAQ's squared away. The primary focus was to address wrongfully rejected BAQ's because several folks were going to be on the wrong side of a furlough if their issues were not handled. It has been a mad dash here at the end because of upcoming secondary round plus a number of recalls being initiated, but we were able to get most issues resolved. We continue to work outstanding BAQ issues at this time.
One matter we would like to address is the assertion by some folks that they should have been given all of their BAQ's through auto-population on eBids. In answer to that, we point to Article 3.e.3.c. It reads, "No employee shall be regarded as qualified for any Bid Area that he has not affirmatively claimed qualification unless he was employed in that Bid Area on the effective date of this Agreement." We hope that clears things up.
Some Information Regarding Company Paid Moves
Now that the Company has started to give out report dates, it is important for everyone to understand issues related to Company paid moves. We are getting calls all the time about this stuff and we want to pass along anything that we find out as a result. Specifically, we have received two primary questions generated by the information provided in the IBT Represented Employees Summary of RIF Benefits and Privileges. First, there was some confusion about the apparent conflict between the language on page 19 that says transfer services are available 90 days from the effective date of transfer and page 26, question 2, where it says that you have 6 months from your report date to initiate your move. The feedback we received from Human resources was that you have 6 months after your report date to initiate your move but that, once initiated, you have 90 days to complete the move. Please remember that the process is initiated when you fill out the NuCompass information form.
Another related issue has to do with the information on page 20 of the handout under the header Travel to your New Location. Please be clear that if you are going to drive to your new location and submit expenses for reimbursement to NuCompass, you must first fill out the NuCompass information form. If not, any previous expenses might not be considered for reimbursement. Hope this helps. We will be sure to relay any new info we get as we get it.
A&P License Audits After RIF Awards
As we tried to communicate to everyone before the RIF Shakedown was initiated, we expected the Company to perform audits of every individual awarded a position at any Line Station through the RIF shakedown to make sure that they possessed both A&P Licenses. It has been reiterated for quite some time that the only two locations where non or partially licensed individuals from SFO Base could go was the IAH Base.
Unfortunately, many folks still were not aware of this restriction and others were unclear as to what stations were considered Line Stations.
Consequently, these audits resulted in quite a few RIF Awards out to the system being rescinded by the Company. Any individuals who had their awards rescinded will have to participate in the upcoming secondary RIF round. By the way, all stations outside of SFO and IAH bases are considered Line environments. It is apparent now that everyone now fully understands that.
Of significant concern was the recent occurrence of awards being rescinded after individuals had received report dates. We find this oversight completely inexcusable. If you were someone who may have been financially harmed because of a late notification of a rescinded award, we expect the Company to make every effort to make you whole. If that does not happen, please be sure to reach out.
2021 Vacation Accruals Paid Out
Due to some serious lack of communication on the Company's part, many individuals who were being furloughed did not get the opportunity to choose the option to leave their 2021 Vacation Accruals banked, per Article 6.F of the CBA, in case they are recalled before the end of 2021. We have a grievance on the matter which is currently at 2nd Step. As of now, the Company is refusing to allow any individuals to buy back their 2021 accruals, but we are going to push for that exact remedy. It is especially important that we have an accurate idea of who may be interested in this outcome. If you have been furloughed and feel that you should have been given the opportunity to bank 2021 accruals, please reach out to the Union, if not done yet, so we can document your interest.
Direct Medical Premium Billing During Severance
We have received many calls concerning the confusion over the direct billing for medical benefit premiums for individuals receiving severance pay. Article 6.Q states that, "Employees Medical Benefits will continue until the end of the month in which pay continuation furlough pay ceases..."
The one caveat is that United will not continue any payroll deductions for medical premiums during the severance period. As a result, you are now being billed directly. Those of you with at least two months of total medical benefits are being sent the combined bill for both October and November medical benefit premiums at this time.
The Company has taken steps to make the payment process easy for folks by adding a pay feature on accessible through YBR. All of you should have received an email from the Company by now on the matter.
The only thing that we will add on this topic relates to questions that we have received about this from furloughed members. It is purely optional as to whether or not you pay these premiums to keep your medical benefits active until the end of the month which your severance ends and it will not affect your recall status if you decide not to do so. That being said, if you are planning to retire during your severance period and plan to use your retirement bridge, you must have active medical benefits.
On a different note, the Company discovered an error in the IBT rates for the individuals who are on severance. All those folks should have been contacted by the Company informing you of the error and directing you to the YBR website for updated rates. If you have not received either of the above-mentioned communications for some reason, please go to the YBR site directly for the information.
Qualifying Periods
We have been asked by many folks whether or not they are subject to the Qualifying Period outlined in Article 5.D.3 of the agreement. They note that that the language specifically addresses folks who have been "...awarded a vacancy to a Bid Area or Classification in which he has never worked."
Management has been briefing folks of this requirement and it is causing much concern.
First, the answer to the question of whether the Qualifying Period applies to positions attained during a RIF situation can be found in Article 3.B. It reads, "New Hires, employees bidding permanent vacancies, employees filling temporary vacancies, employees exercising seniority in a reduction in force or those being recalled, either from furlough or from a reduction to a different/lower Classification, Craft, or Bid Area must meet license, trade tests and other requirements, as spelled out herein, except that an employee who has previously completed a Qualifying Period for a particular Bid Area shall not be required to meet these qualifications." So, the answer to the question is 'yes', those members exercising seniority in a RIF to bump to another Bid Area that they have not previously worked are indeed subject to a Qualifying Period.
However, a Qualifying Period is not a Probationary Period. And the Union will be particularly vigilant in making sure that this language is utilized in a completely fair and consistent manner. And we will vigorously challenge any attempt to disqualify someone unfairly using this language.
Recalls and Recall Rights
There are currently recalls underway for 21 positions at SFO. The following are positions that are currently being filled:
· 1 - 101 Line Technician
· 3 - 103 Powerplant Technicians
· 3 - Line 104 Avionics Technicians
· 2 - Base 105 Sheetmetal Technicians
· 2 - 107 Composite Technicians
· 2 - 109 Machinists
· 4 - 118 Facilities Technicians
· 1 - 121 Platers
· 1 - 123 Avionics Technicians
· 2 - 128 Electricians
By now, you all should have received a copy of the Recall Q&A through your Company email. Please make sure to read through the information completely and contact the Union if you have any questions.
Also, the complete Recall List can be found in eBid platform under the 'Help' tab.
Secondary RIF Round Explained
The secondary round is being conducted to allow any individuals who were on 'inactive' status, such as EIS, when the first 'active' employee snapshot was taken in late June. Also participating will be any individuals who had their original award rescinded for any reason, such as lack of A&P Licenses or incorrect Furlough Recall Dates, any folks who had wrongfully rejected BAQ's that caused them harm during the first RIF round that were later corrected, and any other folks who had personnel record modifications due to some critical circumstance.
The process for the Secondary RIF round will be as follows, subject to any changes as necessary:
· Notification will go out to all individuals who will be participating this Friday, October 30th.
· BAQ List will be frozen Thursday, October 29th and the list should be migrated over to the RIF Options platform on Friday, October 30th.
· RIF Options tool will be opened on Wednesday, November 4th, and remain open until Monday, November 23rd.
· RIF Options Output tool will be run the week of November 30th.
· RIF Awards likely published the week of December 7th.
· All notifications to follow shortly thereafter
· Effective dates likely to be January 3rd, 2021
Again, please understand that these dates are given only for general guidance and are subject to change by the Company for logistical reasons.
It is important to note that the secondary RIF round will not result in additional personnel being pushed onto furlough status. All senior individuals exercising their seniority will be absorbed wherever their seniority allows them to go without additional bumping to the street.
The exception, of course, is that junior individuals participating in the secondary round who do not have the seniority to hold SFO or another station, available as part of their RIF options. They will be furloughed as a result of the secondary round.
Another False Narrative
We have been hearing chatter about the recent Arbitration award concerning the Force Majeure language in the AMFA/Alaska Air CBA.
Of course, certain individuals have been out there peddling the theory that this is somehow indicative of the Teamsters unwillingness to fight for the membership. All of this is nothing but another bag of BS from folks who have nothing more to do than to throw darts from the sidelines while others do the heavy lifting on behalf of the membership. It is the same old story.
After review of this award, it is plainly clear that the situation at Alaska Air had zero to do with ‘fighting’ Force Majeure. In fact, they had language that cancelled their job protections if the business was reduced by 10% for over 120 days. That is nothing more than a bad winter season!
Make no mistake, Force Majeure is actually in effect at Alaska Air. However, the core issue of the arbitration award involved a technicality based on placement of paragraph 4 of their LOA #9. The Company screwed up drafting the agreement and by placing the paragraph at the end of LOA #9, they essentially made that paragraph exempt from their Force Majeure language. As a result, Alaska Air could displace folks from their Line stations to their hubs, but not furlough from those hubs.
Good on them for finding and exploiting a loophole. But we do not understand how this ‘technicality’ that accidentally benefited the folks at Alaska can somehow equate to the IBT not fighting for the membership at UAL. It is a completely false narrative.
Kin Care Amendment Passed by the California Legislature
After kin care issues at SFO were brought forward by the membership, Teamsters 856/986 co-sponsored legislation with Assembly Speaker pro Tem Kevin Mullin that gives employees the sole discretion on the use of sick leave. On September 28, Governor Newsom signed this legislation, AB 2017, into law. It will take effect on January 1st, 2021.
This bill is significant because this was added into the Labor Code, clarifying any confusion our employers might have when it comes to sick leave use, “the designation of sick leave taken for these reasons shall be made at the sole discretion of the employee”, instead of the employer designating how we use our sick leave. The bill passed with no opposition.
On October 21st, a letter was sent to senior UAL Leadership on behalf of all Teamsters 856/986 members here in California, by a local attorney with whom we work with extensively, informing UAL of the passage of AB2017 along with our expectation that the Company be ready to comply with the law on the first day of the new year.
Face Masks are Starting to Become an Issue
On a recent call with senior management personnel here at SFO, we were asked to convey the concern that is being caused by the increasing frequency of non-compliance with regard to mask usage.
We want to be real clear, folks. Wear your masks at all times! The last thing we want is people getting in trouble for something like not wearing a mask while at work.
We are still smack dab in the middle of a pandemic and we all need to be mindful of that.
There is no doubt that we are all experiencing some level of fatigue when it comes to COVID-19 but the danger is still very real. So, let's all be considerate of one another and keep masks on whenever on the property.
The TeamstersSFO Committee is Losing Key Personnel
We had hoped that we would get additional stimulus money from Congress in time to get this Reduction in Force rescinded, but that did not happen. As a result, as part of the many folks we are losing at SFO, the TeamstersSFO Committee is losing several vital individuals:
· Coordinator Fred Wood is going to Houston
· Line/Flight Safety Rep Paul Dodge is going to Portland
· Airframe Safety Rep Keri Martin is going to Portland
· TSAP/ERC Rep Tracy MacCorkell is going to Honululu
· TMAP Representative Steve Crummey was Furloughed
· Line LOSA Rep Ben Brillo is going to Honolulu
· Line LOSA Rep Matt Kruger is going to Maui
We want to take the time to thank them all for stepping up and working so hard on behalf of the membership here at SFO. It has been an honor to work with you all and we wish you and your families the best. We hope that they will all be back at some point in the near future!
As a result of these losses, we have made the following interim appointments to the TeamstersSFO Committee:
· John Laurin - Coordinator
· TMAP Representative (Jet Shop/Backshops) - Eddie Lugo
Thanks to you both for your willingness to step up and fill the void.
Tracy MacCorkell will continue as the TSAP Representative.
We will keep you updated on additional personnel moves as they happen.
SFO Briefings
We are scheduling briefings to be conducted over the next three weeks to check in with folks and to answer any questions that you may have. The Chief Stewards and Shop Stewards will be notifying folks of the meeting times/locations starting early next week. We look forward to seeing you.
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