Association of Flight Attendants @ Horizon Air apply for Contract Mediation

Section 6 Mediation Update

AFA filed for mediation today with the National Mediation Board (“NMB”). We believe we are no longer making progress in our negotiations, as the parties remain far apart on compensation, scheduling, and other issues critical to our work lives. Alaska Airlines and AFA have reached an Agreement in Concept on a second tentative agreement, so we know Air Group can reach a contract when it wants to. The Horizon MEC and Negotiating Committee believe it is also time for us to move forward.

Mediation is not a magic bullet for a contract. It is simply the next step in the Railway Labor Act process—a step that we must complete in good faith before we are permitted to even request the right to strike. Of course, we hope that Horizon will agree to a reasonable contract and that a strike will not be necessary. But we absolutely need to keep the process moving. Filing for mediation accomplishes that goal.

The following FAQ will help you understand the mediation process. We will update you again when we have been assigned a mediator and obtained dates for our first mediation session. And remember that we are better together, and stronger together.

MEDIATION FREQUENTLY ASKED QUESTIONS

Q.  What is Mediation?

A.  Mediation is much like regular negotiations, except that we have a federal mediator, who is an employee of the National Mediation Board, assigned to help us reach agreement. The mediator sets the dates and locations for all sessions. They work with both sides, with the goal of reaching a tentative agreement on the entire contract. Other than where and when we meet, the parties retain control over their negotiations priorities. 

Q.  What does the Mediator do?

A.  The mediator works with both sides, separately and together, to help them find common ground. Most NMB mediators come from RLA employers (railroads or airlines) and have either a union or a management background. They are experienced in the negotiations process and have been trained in techniques for assisting parties in reaching agreement. It is important to understand, however, that the Mediator cannot force either party to make or accept a proposal. They are not advocates for either party. Their goal is simply for the parties to reach an agreement.

Q.  Why are we in Mediation?

A.  We applied for mediation because AFA and management are far apart on the most critical issues in the contract. We cannot live on the wages currently being offered, and we need more flexibility in our work lives. Although inflation has slowed dramatically, prices and interest rates are still high, and housing and food costs have skyrocketed. We love our jobs, but we also need to support ourselves and our families.

Q.  Does filing for mediation mean we will take a strike vote?

A.  Not in and of itself, although it would be highly unusual to call a strike vote before we had given mediation a chance to work. We will take a strike vote if and when it becomes necessary. Since we are in the next stage of the process, we are closer to a strike vote than we were a few weeks ago. We have not started mediation, so we do not yet know if or when we will need to take a strike vote.

Q.  Does mediation mean we can go on strike?

A.  No. All of the following must happen before we could strike:

1. We must be in mediation.
2. We must take a strike vote. The strike vote does not initiate a strike; rather, it allows the MEC to call a strike when it is legally permissible and strategically advantageous to do so.
3. The NMB must determine that we are at an impasse (further negotiations would not be helpful) and must make a “proffer of arbitration.” The proffer gives the parties the option to submit our proposals to a panel of arbitrators, who will then decide our contract for us.
4. AFA or the Company must reject the proffer. AFA always does so, because we do not want a third party (the panel of arbitrators) deciding what our contract will say. 
5. Once the proffer is rejected, the NMB would release us into a 30-day cooling-off period. The parties would engage in intense negotiations during this period. In most cases, the parties do reach agreement within the 30 days, because both sides would prefer to avoid a strike if possible.
6. The cooling-off period must expire. The MEC is then free to call a CHAOS strike, and the Company is free to lock us our (basically a reverse strike where they refuse to let us come to work) and impose new work rules. There is also a possibility—though rare—that that the President of the United States could then send us to arbitration, called a Presidential Emergency Board (“PEB”). The PEB consists of a panel of arbitrators who would determine our contract, but we would get to vote on it. If we voted it down, we would be able to strike, unless—and this happens even more rarely than a PEB, Congress passes a law imposing the terms of the PEB award.

Each of these steps can take a long time. While we may lobby the NMB for a proffer to start the strike countdown, asking is not the same as getting. The NMB has three members (two from the President’s party and one from the other party), and they alone will determine if we are released. The Railway Labor Act is designed to resolve labor disputes and to make every effort to avoid any disruption to interstate commerce. In short, a strike, if it comes to that, is at least months away.

That said, it is essential for the NMB, the mediator and the Company to know that we mean business! If they do not believe that our work group will do whatever it takes, the Company will not be motivated to reach an agreement, and the NMB would have no reason to make a proffer of arbitration. 

Q.  So, what can I do to help us get the contract we deserve?

A.  There are many ways you can show your support. Some are as simple as reading these updates, wearing your AFA pin, signing a petition and staying informed. We recently held mobilization training for Flight Attendants interested in getting involved. As things progress, we may call on you to help us leaflet, picket, or take other actions. Management is always watching—we need everyone behind us or they will take advantage of any perceived division in our ranks. 

Q.  Can I help even if I am on probation?

A.  Absolutely. The Railway Labor Act covers all Flight Attendants, probationary or not. You may not be disciplined or terminated for wearing your pin, picketing, or otherwise engaging in MEC-sanctioned activities.

Q.  Can I show my frustration with management by refusing to pick up from open time or by calling in sick?

A.  No. No matter how angry or frustrated we are, such actions are illegal if they are deemed to be “concerted activity,” that is, coordinated by two or more Flight Attendants with the intent of harming the Company or its operation. Only AFA can initiate job actions, and then only when it is legal to do. You should not engage in any job action that is not sanctioned by the MEC.

Q.  What if my supervisor asks me what I think about negotiations?

A.  You are legally permitted to decline to engage in such discussions. Depending on what is said, it may be illegal for management to engage in these sorts of conversations. Even if you are friends with your supervisor, it is wise to avoid this topic. Your best bet—and the one that shows our unity most powerfully, is to respond, “My Negotiating Committee speaks for me.”

Q.  Can I bring up negotiations at the management-led “Flight Attendant Chat”?

A.  We would prefer that negotiations not become part of the “chat.” Management is always looking for ways to divide us or to tell us that they are “hearing from Flight Attendants” that they disagree with the Union’s proposals. This often means one Flight Attendant who talked to one manager. Still, management wants to believe that this is a common sentiment.

It is best to let your Negotiating Committee  do the talking at the bargaining table. Presenting a unified front is essential to getting the contract we deserve. Contact your local officers or the Negotiating Committee if there is something you want us to hear—do not let management be your mouthpiece!