I think this shows Gary Richardson on the West side has more kahunas than Mike Flores on the East........Flores just sent out a copy of the CBS message that we all got with a note saying AFA didn't agree with the company. What a pansy.
October 21, 2007
Dear Ladies and Gentlemen,
Suspiciously coinciding with the next week’s negotiations session and the anticipated company’s counter-offer to the AFA Joint Negotiations Committee’s proposal on Sick Leave, Inflight Services issued Must Read 07-240 Holiday Sick Time on October 17th. A similar document was sent to US Airways East Flight Attendants.
This Must Read document contains references to contractual matters and it would be remiss if members relied solely on a partial recitation by management of a contract section or be unaware of the full protections of the Collective Bargaining Agreement as well as the Family Medical Leave Act.
Inflight Services cites references to protected leave under FMLA. The Must Read indicates...Per Family Medical Leave Act guidelines, “An employee requesting FMLA must give 30-days notice to the extent that such advance notice is possible, i.e., for the expected birth or adoption of a child, or planned medical treatment for a child, spouse (as defined by state law), parent or an employee’s own serious health condition. If the leave is unexpected, certification must be provided within 15 days of the commencement of the leave.â€
Just to be clear, the text of the FMLA Law states; “employee must provide the employer at least 30 days advance notice before FMLA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or of a family member. If 30 days notice is not practicable, such as because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable. (emphasis added)
FMLA is one of the most important pieces of legislation protecting working men and women across the country. As you recall, in Single Contract Negotiations management would like nothing better than to increase the amount of hours needed for America West Flight Attendants to qualify for FMLA; effectively eliminating this important benefit for many of our members.
You may find the full text of the FMLA Act by logging into the Department of Labor’s website at www.dol.gov/esa/whd/fmla/. AFA-CWA is working closely with our allies in the House and Senate to insure that all Flight Attendants are provided the protections of FMLA with a technical correction to the act. You can find out more on how to help in this important drive to take FMLA off the bargaining table by logging on to our Council 66 Legislative Affairs web page at www.afa66.org/legislative_affairs_homepage.htm.
Reading further into the Must Read document it states; InFlight Services reserves the right to invoke Section 15,E.,3 of the AWA/AFA Agreement, which states, "The InFlight Department may request a Doctor's note to verify illness or injury.â€
The full text of Section 15.E.3 reads; The Inflight Department may request a doctor's note to verify an illness or injury. The Company shall pay for such examinations conducted at the America West Clinic. The Flight Attendant must submit the receipt to the Company for reimbursement. (emphasis added)
You can draw your own conclusion as to why management would leave out an important piece of this section and who is obligated to pay for such examinations when the Inflight Department is requesting a doctor’s note to verify an illness or injury.
AFA-CWA will vigorously defend flight attendant’s contractual rights and are legitimately utilizing their sick leave to care for themselves or a family member- whether it is over the holidays or any other day of the year.
In Solidarity,
Gary Richardson- President
Master Executive Council
Association of Flight Attendants-CWA AFL-CIO
