Force majeure Update

June 14, 2023

Dear Brothers and Sisters,

We have recently received inquiries from two Chief Stewards in San Francisco regarding the applicability of force majeure provisions outlined in our Collective Bargaining Agreement. Given that there are several new members who may not be familiar with these provisions, it is prudent to provide a concise explanation.

Force majeure is a legal term that refers to unforeseen and unavoidable events or circumstances that are beyond the control of the parties involved in a contract. It is commonly included as a clause in contracts to allocate risks and liabilities in the event of such occurrences.

Force majeure events typically include natural disasters (such as earthquakes, hurricanes, or floods), acts of war, terrorism, government actions (such as expropriation or changes in laws), labor strikes, epidemics, or any other event that is considered unforeseeable, unavoidable, and beyond the control of the parties.

When a force majeure event occurs, it may excuse or suspend the affected party's performance of their contractual obligations. In other words, it relieves the parties from fulfilling their contractual duties temporarily or entirely, depending on the specific terms outlined in the contract.

The specific language and requirements for invoking force majeure will vary depending on the jurisdiction and the terms of the contract. It is important for the parties to carefully review the force majeure clause in their contract to understand the circumstances under which it can be invoked and the procedures to follow in such situations.

It is worth noting that force majeure is a legal concept, and its application depends on the specific circumstances and the interpretation of the contract by the parties involved or a court of law, if necessary.

Currently, there are four provisions within our Agreement that encompass a force majeure modifier or definition. The initial provision can be found in Article 1.B.10,b Scope, which permits furlough from SFO or IAH in the presence of specific conditions. This also applies to LOA 18, which safeguards against system-wide furlough. Another instance of a modifier to the standard language exists in Article 17.H.6,d, which addresses forced overtime and allows the company, under certain conditions, to mandate overtime work. This provision in Article 17 is connected to the definition of an emergency outlined in Article 2 M.

Now that we have established what force majeure entails and which provisions it modifies, we must address the question of whether these modifiers continue to apply. To clarify, the national travel emergency concluded over a year ago, and the company's ability to utilize these modifiers ceased at that time. Moreover, even if our interpretation is incorrect, it is undeniable that the national emergency ended on May 11th, when President Biden signed the bipartisan congressional resolution. As far as I am aware, the company has not attempted to assert their right to invoke these provisions since the furloughs of 2020. Consequently, they no longer possess, and have not possessed for a significant period, the capacity to utilize these modifiers beyond the limited and prescribed terms for the application of force majeure. In simple terms, the modifiers are no longer applicable.

In solidarity,

Vinny Graziano

Airline Division Representative