Don’t get lost in AFA’s grievance maze
When AFA talks about the benefits of a union-negotiated grievance process, it often lacks details of how the process works in real life.
Consider this:
AFA Alaska published its 2022 arbitration schedule as of August, and it includes one case per month. So far, seven of the eight cases decided were discipline cases. Another 15 non-disciplinary grievances are awaiting arbitration. The oldest was filed in 2014.
Hawaiian Airlines AFA also recently communicated about a “decade old backlog” of cases awaiting arbitration, initially totaling more than 100. “Our last arbitrated case was several years ago.” This contributed to the recall of two Master Executive Council (MEC) officers, initiated by the officers of one of the Local Executive Councils (LEC).
And at AFA United, a grievance involving profit sharing took more than six years, from filing to the arbitrator’s decision. The grievance was ultimately denied because AFA did not file it in a timely manner.
Let’s go a step further and wind our way through the grievance maze.
What does the grievance process cover?
Generally, the grievance process is used to address disagreements between the union and the company about discipline or the application of the union’s contract. The grievance process is negotiated by the union and the company as part of contract negotiations, and it can vary from airline to airline. Depending on the type of dispute, there may be different procedures for handling a grievance.
What does the process look like?
To use a common example, if there is a dispute about whether a flight assignment violated a work rule, a typical AFA grievance process may look like this:
The flight attendant flies the assignment. This is known as “Fly Now, Grieve Later,” which you can read more about here.
The flight attendant informs AFA of the issue. If AFA agrees that the grievance process is appropriate for the flight attendant’s issue, a grievance is filed. The grievance must be filed in a timely manner, as provided in the contract.
Reality Check: This means it may not be up to you to decide whether or not a grievance will be filed. The United-AFA contract says: “…the employee may present the grievance to the LEC President or her/his designees. If in the LEC President’s/designee’s opinion the complaint is justified, the written grievance may be filed on a prescribed form provided by the Company ….”The company and the union discuss the grievance, and the company responds to the grievance. The required response time may vary by contract, but generally this happens within 30 days of the meeting between the company and the union.
The grievance may be appealed to another internal step for more discussion and decisions.
Reality Check: At United, a grievance is first heard at the base level before going to the office of United’s Senior VP of Inflight. This means that six months or so may pass between the alleged violation and a decision from United’s Senior VP of Inflight, assuming there are no delays along the way.
What happens if the union disagrees with the company’s decision?If the company and the union cannot come to an agreement, they can agree to hire a third-party to oversee settlement discussions. This person is typically a mediator, and settlements can involve a range of things – including AFA looping grievances together into global settlements or dismissing some grievances (yours perhaps?) in order to favorably resolve others.
If no settlement can be reached, AFA can appeal to the “System Board of Adjustment”. The first step may be a hearing before two union representatives and two company representatives (a “four-person board”). These boards often deadlock and do not agree on a path forward.
The final appeal is to an arbitrator. Arbitrators are usually experts and are agreed upon by the company and union.
An arbitration hearing is scheduled, often many months later. While your particular grievance may be important to you, there may be many other cases that have scheduling priority – either because they were filed earlier or involve an issue that is considered even more important than yours.
Reality Check: There is a relatively small group of arbitrators who hear cases across many airlines and unions for many workgroups, and their schedules are often packed. As AFA United explained in 2019, “[t]he arbitrator does work for any number of entities and is not specifically dedicated to either AFA or United. As such, we are dependent on her/his personal schedule.” The parties also must consider the availability of representatives from both sides, lawyers, and witnesses.The hearing takes place and post-hearing arguments (“briefs”) are filed. During the hearing, both the company and union will argue their case. Simple cases, will often be heard over a day or two; for example, a grievance involving one flight attendant and a relatively simple contract interpretation question. After the hearing, the parties often file briefs outlining their arguments, which adds even more time to the process.
After reviewing all this information, the arbitrator will issue a draft decision. The union and company can comment on the draft and send it back to the arbitrator for consideration.
The arbitrator will then issue a final decision. Depending on the case’s complexity, there may first be a decision on the merits and then, if the arbitrator finds that the contract was violated, more hearing dates, briefs, and a decision on the remedy. There are no guarantees for the outcome—and no set timeline on when this must occur.
Reality Check: As AFA United has explained, “There is no specific time limit imposed on the arbitrator within which she/he must complete her/his findings and to render a decision.”
Okay, I get it, the process has a lot of steps. But what is normal?
There is probably no “normal” in the grievance process because so much depends on the specific issue. At any airline, some can be resolved quickly when the parties agree; but when there is disagreement, the grievance process can be complicated and lengthy and the result you may want is not guaranteed.
Why is Delta better at resolving issues?
Our unique culture and direct relationship set us apart. At Delta, we work together to find solutions and resolve issues – all without the uncertainty and delay of an AFA grievance process. At any time, our flight attendants are free to engage with any level of leadership through Delta’s open-door policy. This includes appealing performance development, up to and including termination, or discussing something that you believe does not align with our values, our culture, or Delta policies. A Delta flight attendant who believes a flight assignment was contrary to a work rule may also find immediate relief by reaching out to crew scheduling or crew tracking. If an issue is not resolved, a flight attendant can file a Scheduling Review Request and receive a response within three days.
Another resource Delta flight attendants have is the Conflict Resolution Process (CRP), a path for those who elect to present a case regarding discipline or termination issues to a panel for resolution. Elected at the base level, trained CRP Panelists are line flight attendants who work alongside HR managers and IFS Leaders to ensure their peers can be heard in an impartial, respectful, and confidential manner.
Delta flight attendants also have access to a number of forums to share feedback and perspectives about life at Delta. From the Employee Involvement Group (EIG) and SkyHub to town halls and surveys, we empower you to drive meaningful change by working directly with us.
Our direct relationship works and delivers results for you better than AFA’s often cumbersome process.
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Stay in the know.
Text DELTA to +1 205 846 8096 for updates*
*By texting the keyword above, you are agreeing to receive periodic SMS text messages from Delta Air Lines regarding One Future. One Delta. Standard messaging and data rates may apply. You may unsubscribe any time by texting “STOP” and the keyword above to +1 205 846 8096. Full Terms.