MEC Grievance 4-23 Denied

In 2022, Management began issuing counseling and performance warnings, in addition to points, when Flight Attendants provided less than an eight (8) hour notice prior to departure when calling on sick leave; short-notice sick call (SNSC).  A grievance was filed, MEC 4-23. The case was arbitrated before the System Board of Adjustment. The arbitrator ruled, and we did not prevail.

The System Board Award

Arbitrator Gavin, writing for a majority of the Board, found that Section 13.B.1.c. of our JCBA placed a clear obligation on Flight Attendants to provide the company at least eight (8) hours notice for any sick call, except for an emergency:

When a Flight Attendant is unable to take her/his flight, she/he will notify the Company’s designated crew desk in not less than eight (8) hours, except in an emergency, before the flight is scheduled to depart, and will in any event give as much notice as possible.

The Arbitrator was untroubled by the fact that United management had been issuing counselings and performance warnings in addition to points for SNSCs. This was because there are other situations when a Flight Attendant may receive both attendance and performance discipline for the same event, such as sick leave abuse, points for the sick call, and termination (Performance Discipline for sick leave abuse). The Arbitrator found that under the management rights provision of the JCBA, the company was within its right to address operational concerns raised by SNSC circumstances.

The grievance was denied.

What this Means for Flight Attendants

Flight Attendants should be aware that this Award permits the company to continue their current practice in SNSC situations. When you are sick, place yourself on sick leave as soon as possible.

Understanding there may be circumstances (emergencies) when you may not be able to provide the company with the required eight (8) hours' notice prior to departure. In these circumstances, the company may question the reason or emergency for your short-notice call and request your location. If you do not provide a reason for a SNSC less than eight (8) hours’ notice or are considered out-of-position, you may be given a counseling or a Performance Warning in addition to points. Whether you are issued a counseling or a Performance Warning will depend upon whether you have made an SNSC in the past, and whether you are currently on any discipline.  Discipline in the Attendance track will also be assessed to the appropriate number of points if you have reached the threshold.

The Union still has the ability to file a grievance for Performance and or Attendance discipline. For sick leave abuse, those circumstances are more serious as the potential outcome is termination. The outcome for suspected abuse is dependent upon your individual situation. However, a SNSC without evidence of an emergency reason, cannot be grieved. If you must call in sick less than eight (8) hours prior to departure, you should be prepared to provide support for the SNSC (such as a doctor note, photo, etc).

We recommend that if you are sick, you provide the Company with notice and call on sick as soon as you know you are too sick to work. This provides schedule integrity and provides other Flight Attendants the ability to pick up the pairing or ample time for the sick leave pairing to be assigned to a Reserve.

Reserve Flight Attendants also have the responsibility to provide the required contractual notice. In cases where a Reserve is low on the availability list and it appears unlikely they will be called for assignment, it may seem unnecessary to call in sick; avoiding the need to use hours out of their sick bank and the issuance of attendance points. However, with weather and other schedule irregularities, Reserves may move quickly up the availability list to be called. Therefore, if you are an available Reserve and are sick, do not wait to be called for assignment.

If you have any other questions, please reach out to your Local Council.