Settlement of NODs - Downline Reassignment of Flight Attendants
October 8, 2019
A number of Notices of Dispute (NODs) asserting that the Company is improperly interpreting the language of the 2016 – 2021 Flight Attendant Agreement as it relates to the downline reassignment of Flight Attendants.
While the Company is following the practice under the pre-merger Continental Agreement that allowed a Flight Attendant to be returned to base by Crew Coordination and then rescheduled by Crew Scheduling and in an effort to find a mutually agreeable solution to the dispute, the Company and Union have reached the following settlement of all related NODs.
1. Pursuant to Section 7.Q.5., when Crew Scheduling determines that it is necessary to reschedule a Flight Attendant downline, Crew Scheduling will always attempt to provide a complete reassignment upon the initial contact between Scheduling and the Flight Attendant;
2. When, in Crew Scheduling’s opinion, it is not possible to provide the complete reassignment and the only reassignment at the time is to return the Flight Attendant to her/his base, Crew Scheduling may, at its option, and consistent with the terms of Section 7.Q.5., assign the Flight Attendant as follows:
a. Not later than the actual arrival (block-in) of the re-scheduled flight to Base, Crew Scheduling may update the existing pairing to include additional flying;
b. If such flying is within the same duty period, it must comply with the terms of Sections 6.S., 6.T., or 6.U., as applicable;
c. If such flying is outside the current duty period, the Flight Attendant must:
i. Have appropriate layover rest consistent with the terms of Section 6.V.3. or 6.W.1., as applicable, between duty periods; and
ii. Be provided a hotel room for any layovers that occur at her/his base.
3. The parties recognize that any reassignment pursuant to Paragraph 2 (above) must be accomplished through the modification of the Flight Attendant’s existing pairing in order to maintain continuous per diem and time away from base calculations based on the original report time for that pairing;
4. If Crew Scheduling is unable to provide the complete reassignment under Paragraph 1 (above) but fails to modify the existing pairing to include additional flying under the terms of paragraph 2, upon actual arrival (block-in) of the rescheduled flight to Base, and following any debrief/customs requirements, the Flight Attendants will be released without a reduction in pay and without any further reassignment obligation.
5. This agreement shall apply prospectively from the first day of the September 2019 bid month, or August 30, 2019.
This agreement fully resolves any related NODs. No other terms of the Contract are interpreted by this settlement.