February Business Agents' Report
Secondary RIF Results Delayed
We have been waiting for the results of the secondary RIF since the end of November. The secondary RIF includes those that came back from leaves after the original RIF was underway, those that had subsequent FRD corrections and any folks who had an award rescinded for any reason (primarily FRD and A&P License issues). We were informed that some of the individuals who had rescinded awards were subsequently 'recalled' and told to report to a new area. We have taken steps to make sure that those individuals are immediately returned to their original Bid Area and schedule, pending results of this secondary RIF. The reason for this is very simple: They have not had the opportunity to 'officially' exercise their Seniority as part of the Article 6 Reduction in Force, so they cannot be moved from their Bid Area or schedule. Additionally, those folks who have the Seniority to stay on the property after they exercise their seniority are going to be absorbed, meaning that they will not bump anyone out of the station. So, a valuable permanent recall position cannot be given to them or it will reduce the number of folks being brought back from the street or the system. With our numbers at SFO taking such an enormous hit, we can't very well lose additional positions because of clerical errors! So, if you are one of these individuals who have been moved erroneously, let your RIF Coordinator know to make sure that you are sent back to your original Bid Area.
We understand that the end result dictates that there are some individuals on the property waiting RIF results who do not have the Seniority to hold a permanent position. That is not due to any shenanigans. They are here because they have not yet been afforded their right to exercise their seniority. The reality of the situation is that the Company furloughed way more people out of SFO than they should have on the 1st RIF, then made a bunch of incorrect Line Station Bid Awards to folks with only one license which had to be rescinded; then had to go back and change a bunch of incorrect FRD dates which also meant more rescinded awards, then filled vacancies during the 1st RIF, which led to grievances, a subsequent LOA to address, and a RIF redo for a bunch of folks which led to some additional furloughs. Then the company started almost immediately doing permanent recalls here at SFO to address the fact that they sent out too many people in the first place! Add to that the passing of the new PSP that resulted in UAL dropping everything else they were doing so they can get the temp recall done! Talk about an absolute quagmire!
If you are one of the individuals awaiting the results of the secondary RIF, which we are told will be out any day, and you do not hold the Seniority to prevent Involuntary Furlough, the most likely scenario will be that you will be given your contractually mandated 14-day furlough notice after the Secondary RIF results are published and then you will be given an offer of temporary recall to commence immediately afterwards.
And now we wait for the next PSP!
Temporary Recall is Nearly Completed
Now that the temp recall is nearly complete, we would like to welcome folks back to SFO. To say that our membership has been through a lot the past few months seems to be the understatement of all time. The decision to take the temp recall could not have been an easy one to make for many folks. At our core, no matter what trials we endure, people tend to want to get back to some sense of normalcy. And getting yanked back and forth across the country surely does not help folks in their quest to get some balance back into their lives!
Those of you that had to separate from families to commute to another location had it especially tough. The decision to make that move and leave families back here to minimize your family’s disruption was obviously extremely difficult. And that decision had to be made having hope and faith that you could eventually get back to SFO at some point without having any idea whether or not or when it would happen.
We understand that this particular recall is only temporary. But we want you to know that we will continue to fight in every way possible to make sure that there are sufficient jobs here at SFO so that anyone out there in the system or on furlough who wants to come back permanently can do so.
Some of you were also fortunate enough to be permanently recalled as well. In fact, UAL was in the middle of a batch of permanent recalls at SFO before the second PSP hit. We expect permanent recalls to continue going forward and look forward welcoming more of you back on a permanent basis.
Healthy Airport Ordinance Update
As we mentioned in our November briefings and email blasts, on November 10th the San Francisco Board of Supervisors passed the Healthy Airport Ordinance (HAO). This ordinance amended the Health Care Accountability Ordinance (HCAO) for the Quality Standards Program (QSP) for all employers at SFO, including UAL, so that they must now offer a health care plan to all employees and their families at no cost.
TeamstersSFO Locals 856/986 worked with partner unions for some time to help get this ordinance to the finish line and we are grateful for all of that hard work.
In order to comply with the ordinance, United Airlines is now offering a Kaiser Plan B which meets the platinum-equivalent ordinance requirements. There is a special SFO tile on the Your Benefits Resource (YBR) website which allows folks to switch over to the new no-cost plan for employees and their dependents. This choice will remain open to all employees until February 15th, so if you have not done so, please make sure to navigate over to the YBR site as soon as you can. The effective date for the new health benefits is March 21st, 2021.
The San Francisco Office of Labor Standards Enforcement (OLSE) and the San Francisco Department of Public Health (DPH) will be conducting a webinar to help educate employees on the new standards and answer questions on February 10th at 11am. If you are interested in attending, you can go to the SFO CONNECT website for information and instructions on how to register at sfoconnect.com/about/news/webinar-quality-standards-program-employees.
Again, please make sure to get to the YBR website in order to change over from your current medical plan to the new Kaiser Plan B no-cost option!
California Kin Care Update
On December 1st, 2018, UAL first implemented the policy under which they would unilaterally designate the first six days (or half of the annual accrual) of an employee's sick leave as Kin Care, even over the objection of the employee. The Union felt that this was a clear violation of California Labor Code Section 233 and immediately filed grievances against the practice. Those grievances had to be placed on hold while we navigated the excruciatingly slow complaint process with the State of California Division of Labor Standards Enforcement (DSLE), as we were seeking a determination by the state as to the validity of UAL's practice under the Labor Code.
In September of 2020, we were notified by the State that UAL was claiming that they were exempt from the California Kin Care because they were providing sick time under an ERISA Trust. The Employee Retirement Income Security Act of 1974 (ERISA) sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans. This is a move that the company tried to make about a decade back, but that ultimately failed after they were sued by the pilots. They apparently feel that they have their ducks better aligned to pass ERISA-compliance scrutiny this time out.
The State has informed us that this claim will be thoroughly investigated and that it will determine what action to take against UAL if the findings are that they are non-compliant. But we were also warned that this process has likely been severely extended by the Company's actions.
In the meantime, as we reported to you in November, Teamsters 856/986 co-sponsored legislation with Assembly Speaker pro Tem Kevin Mullin that amended Labor Code Section 233 regarding Kin Care usage to say that "...the designation of sick leave taken for these reasons shall be made at the sole discretion of the employee”. The bill took effect on January 1st, but the Company is refusing to comply based on the reason given above. We had hoped that the company would comply, given the unambiguous verbiage of the new law, but they have chosen to fight it out.
There has been an et al grievance generated based the company's non-compliance with the new amendment to the law, but we will have to wait until we get the response from the State before we can put it in front of an arbitrator. There is simply no getting around that fact.
Ironically, the company has not chosen to ignore the Kin Care law completely because Kin Care is still being offered. They are only ignoring the part that says that you get to choose when to designate it.
We will be sure to keep you informed of any further developments on this issue.
The Grievance Tracking System
The IBT Airline Division Grievance Tracking System has replaced our old paper system of grievances. The GTS is an automated, internet-based program which creates, stores, processes, prints, and tracks all Airline Division grievances. We have been transitioning to the GTS at SFO for some time, beginning with Shop Steward training offered last year. The system offers a comprehensive search capability and is designed to enable us to capture every piece of information we need about every grievance so that our records are complete and organized and so that everyone involved in the grievance process, from Stewards to Chief Stewards to the Business Agents has everything related to a particular grievance immediately available. Additionally, we have access to all of the grievances across the entire system.
We have now completely phased out the use of paper grievances and are now requiring all Stewards to enter grievances into the GTS. If you are a Steward and have not yet been trained in the GTS, please reach out to your Chief Steward. Please do not use the old paper grievances anymore.
Grievance Update
We have scheduled continued discussions with the Company regarding the SFO Heavy Check grievance on February 8th and 22nd. This will be followed by another date in March, if necessary. If no settlement is reached with the Company, the case will be arbitrated on April 15th.
We will also be starting initial dialogue next week with the Company concerning the open 3rd Step grievances at SFO. These discussions will be conducted in anticipation of the commencement of contract-case System Boards of Adjustment hearings in the near future.
We will be sure to keep you posted of any new developments going forward.
Labor History
February 3rd, 1941 - The U.S. Supreme Court rules unanimously in United States v. Darby to uphold the Fair Labor Standards Act of 1938, which banned certain types of child labor, established a minimum wage, and set a maximum workweek at 44 hours.
February 2nd, 1977 - Legal secretary Iris Rivera is fired for refusing to make coffee for her employer. A Chicago-based advocacy group, Women Employed, led a series of public actions against her firing and eventually Rivera got her job back.
January 29th, 2009 - The Lilly Ledbetter Fair Pay Act of 2009 is the first bill signed into law by President Barack Obama, restoring the protection against pay discrimination that was stripped away by the U.S. Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co. The wage gap continues.
Famous Quotes
We draw our strength from the very despair in which we have been forced to live. We shall endure - Cesar Chavez
We have come too far, -- struggled too long, -- sacrificed too much and have too much left to do, -- to allow that which we have achieved for the good of all to be swept away without a fight. And we have not forgotten how to fight - Lane Kirkland
That we may fail in the struggle ought not to deter us from the support of a cause we believe to be just - Abraham Lincoln
Please Stay Safe Folks! In Solidarity,
Mark DesAngles Javier Lectora
Business Agent Business Agent
Local 986 Local 856
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