SFO RIF and Recall Letter
July 15th, 202
All SFO IBT Members,
There are many questions regarding the WARN Notices that were recently sent out by the company. First, please understand that receipt of a WARN notice does not mean that you will be furloughed, or even impacted by movement because of a furlough.
That being said, we believe that everyone should start to familiarize themselves with relevant contract language.
The following is provided to help our members better understand the Collective Bargaining Agreement language in Article 6 (Reduction in Force), LOA 19 (Exercise of RIF Options) and other pertinent CBA language.
POINT SHAKEDOWN DEFINITIONS AND PROCESS
Surplus – Article 6.A - A surplus is declared in a Bid Area by Class Seniority
Furlough – Article 6.A.1 - If the point/station surplus creates a furlough at the point, the Furlough Recall Date (FRD) seniority will determine who is to be furloughed.
Furlough Recall Date (FRD) - Article 4.D.1: FRD is your Company Seniority with any adjustments for time in management over 6 months (or over 1 year for TechOps supervisors/senior supervisors hired after 12/5/16, per LOA 17) and periods of personal and Educational Leaves of Absence over 90 Days. FRD is used only for Layoff and Recall.
Notices – Article 6.C: All employees affected by Bid Area surplus which will lead to a furlough will receive a notice. Additionally, all employees who could potentially be displaced in other stations due to employee transfer will also receive a notice. The potentially affected employees option sheet will not be exercised unless that employee is affected by the reduction or displaced by a senior employee.
Station selections – Article 6.C: After establishing the affected employees per Article 6B, UAL will send a selection sheet listing all available Bid Area and stations. This selection sheet must be filled out within 14 days or receipt. Technicians may select to displace a more junior employee at any station within 14 days of furlough notification. Failure to select alternative stations will result in layoff at the point (LOAP), absent extenuating circumstances. The selection sheet will likely include all stations and will not be tailored to individual seniority. If your goal is to stay employed, be sure to exhaust all your available selections or you could be placed on LOAP.
Bump – To displace a junior employee at a station/point, or in the system
BUMPING – Article 6.B.1 and 6.B.2:
Option 1a: Using Craft Seniority the senior affected technician may displace any technician in any bid area he is qualified for at the point OR
Option 1b: Using Furlough Recall Date (FRD) Seniority the affected technician may displace any technician in his home bid area (from where he was reduced) on the system.
Only if unable to exercise seniority to bump in Article 6.B.1 above, then per Article 6.B.2,
Option 2: Using Furlough Recall Date (FRD) seniority the affected technician (that has been declared as surplus) may displace any technician in any bid area that he is qualified for on the system.
LOAP – Article 6.B.3: At any time during steps 1a, 1b. or 2 of the process a technician that has been identified for RIF may choose Layoff at the Point (LOAP); All layoffs would be effective after point shakedown process is completed.
NOTES ON SHAKEDOWN PROCESS
Overlapping Choices – LOA 19: When making your selections you may overlap your choices. Example: You may designate as your three choices to bump within three different Bid Areas at your station/point (using Craft Seniority), designate your 4th choice to displace in your home Bid Area at another station/point (using FRD), then your 5th choice bump to another Bid Area at your station/point (using Craft Seniority), and so on.
Making your selections – LOA 19: If you not have sufficient seniority to displace into your bid area in any of the location/points you select under option 1b above, but have sufficient seniority to displace the junior employee in any bid area within your craft/classification that you are qualified for at your point, the employee must displace into a bid area within his craft/classification at your point before moving to Option 2 above.
Lower paying area – Article 6.J: A technician identified for RIF will not be forced to displace to a bid area he/she is qualified for at his location if that displacement results in a lower rate of pay.
Lower Craft – An employee will not be allowed to displace into a craft unless they have previously established seniority in that craft. For example, a technician may not displace a utility specialist unless he has previously established a utility specialist craft seniority date.
Bumping to lower Craft – Article 4.C.4: An employee that bumps into a lower craft will continue to accrue seniority in the previous Craft.
A technician can bump into a higher paying classification such as Lead or Inspector as long as he qualified in that Bid Area.
TRANSFERS RESULTING FROM FURLOUGH
Move – Article 15.E & F: An employee who accepts a transfer to another station as a result of furlough will be offered moving and travel expenses. Please refer to the CBA for exact details.
COLA – Article 10.E.4.c: If an employee is due to be furloughed during a COLA, the employee’s status will be changed from COLA to furlough. Written notice will be given to the employee.
Seniority – Article 4.J.1: There is no disruption to seniority (including pay seniority) when opting to exercise system seniority
Recall time limits – Article 6.J: A displaced employee who continues working is not subject to time limits for recall. Stations with furloughed/displaced employees cannot create a vacancy until all recall rights have been satisfied.
Travel time – It is expected that employee moves will be completed within a fourteen (14) day period, from start to finish. Up to seven of these days for traveling will include wages. Some expenses such as meals will be paid for up to 14 days. Additional time may be awarded in extenuating circumstances.
Badging – Employees electing to bump to another station will start the badging process prior to transfer. Employees will remain at their home station until the badges are ready.
Medical – Medical will continue until you reach your new station. Once there, you can keep your same options if available or select other options using a special open enrollment period.
LAYOFF AT THE POINT (LOAP)
Layoff – Article 6.E: At the end of the point shakedown process, any employee who is unable to bump at home station or to the system is put on LOAP.
Severance – Article 6.S: Pay will be 1 week of full pay per year of service to a maximum of 15 weeks. You will continue to receive pay as if you were on normal pay status.
Medical – Article 6.Q: All medical and dental plans will continue while you are in pay status (severance pay) and will continue to the end of the month you were last on a pay status.
Vacation – Article 6.F: Full payment for unused vacation time credited from the previous year as well as vacation accrued up to the time of lay off. There is an option to keep accrued vacation time in the bank until the end of the year. See the contract for full details. Save your DATS, use floating holidays as much as possible.
Flight benefits – Article 6.G: Continue for 6 months from date of lay off.
VEBA – Article 16.G.2.c: Active HRA account remains as such for a period of 5 years, after which it will be transferred to Retirement RHA account. However, you may make a one-time election prior to that date to transfer the balance of Active (HRA) account to Retirement (RHA). But if you get recalled, you will not be able to transfer back to Active HRA account.
COLA – Article 10.E.4.C: If an employee is due to be furloughed during a COLA, the employee’s status will be changed from COLA to furlough. Written notice will be given to the employee.
Seniority – Article 4.J.1: Craft and Company Seniority will continue to accrue. Pay seniority (step pay increases) will freeze after 90 days from the date of furlough while on LOAP.
Unemployment – In California, the maximum weekly benefit amount is $450. It is unknown at this time if additional federal funds will be available to supplement any state unemployment benefits.
Retirement – Carp and 401K contributions will be frozen while on LOAP. Retirement to access these funds while on LOAP is possible however only active employees are eligible for UAL offered benefits.
For additional questions regarding Retirement, Medical, other Benefits or Community Services please contact your Member Assistance Coordinator (Steve Loone 650-745-5864; Steve Crummey 650-745-5867)
RECALL
Recall – Article 6.I: Recall back to your former station will be done by FRD seniority (highest to lowest) as the station begins to reopen.
Recall rights – Article 6.K: An employee will lose his recall rights to a vacancy at a station if he refuses recall to the same classification at the same station. When given a recall notice back to the bid area you were first furloughed from, you may choose to remain at your current location. In this situation all recall rights to the former station are lost.
Notification – Article 6.O: Displaced employees still working but in different positions within the Company may be offered a hand delivered, unregistered, and uncertified written recall notice.
Failure to respond to Recall – Article 6.G.5: Loss of seniority while on LOAP will occur if an employee elects not to respond to recall notice within 14 days or return to work after recall.
Recall time limits – Article 6.J: A displaced employee who continues working is not subject to time limits for recall.
Temporary Recall – Article 6.L: An employee on LOAP may accept or deny recall of less than 180 days without loss of recall rights.
Duration on LOAP – Article 4.G.6: Loss of seniority will take place if an employee is out on lay off for more than 6 years and with less than 6 years seniority. For employees with more than 6 years seniority, the layoff status is equal to the number of years of service.
Recall eligibility – Article 6.M: It is the employee’s responsibility to maintain current address and contact information. This can be done on the flying together web site. While on LOAP, employees are given limited access to the site.
Voluntary Transfers – Article 6.K – An employee may submit bids to other stations while on furlough without forfeiting recall rights pursuant to Article 5. This might happen if other stations are opening up vacancies prior to that station from which lay off occurred.
Recalls before Vacancies – Article 6.D: Stations with furloughed/displaced employees cannot open a vacancy for Article 5 bidding until all recall rights have been satisfied.
Medical exceptions – Article 6.P: If you are unable to return to service of the company at the time of recall because of an illness or injury, you will remain on furlough until you are released by your doctor to return to work.
We hope that you have found this helpful. Please make sure to forward any questions to your Shop Steward or Chief Steward.
In Solidarity,
Mark DesAngles Javier Lectora
Business Agent Business Agent
Local 986 Local 856