Furlough Q&A
1. May I avoid involuntary furlough by bidding for the voluntary furlough?
No, a Flight Attendant will not be able to avoid involuntary furlough by bidding for voluntary furlough. A Flight Attendant who wants to work should not bid for the voluntary furlough.
Once the voluntary furlough award is complete, the company may offer cost-neutral Partnership Flying awards in those domiciles with a surplus. All options will be exhausted before an involuntary furlough is imposed.
2. Will there definitely be 900 additional Flight Attendants placed on furlough status starting April 1, 2003 ?
The 900 number is the highest amount that could be placed on furlough status. AFA will work with the company to consider the needs of the operation and potentially decrease the total number. Such considerations will include any plans for Flight Attendants who retire.
3. Will the company change the voluntary furlough benefits through bankruptcy court?
Remember that in bankruptcy the bankrupt company or debtor can only modify a collective bargaining agreement if it has complied with all the requirements of Section 1113 of the Bankruptcy Code. Under Section 1113, if the company has not been able to secure the modifications through negotiations, it must demonstrate to the bankruptcy court that the changes sought are "necessary to permit the reorganization of the debtor." Fundamentally, what this means is that the economic benefit derived from the proposed change must allow the debtor to emerge from bankruptcy as a reorganized company. In turn, if the proposed change provides no financial gain for the debtor, it would be virtually impossible for the debtor to show that the change is "necessary" and satisfies the requirements of Section 1113.
There would appear to be no economic benefit to changing the existing procedures and benefits for voluntary furloughs. In fact, any modification that would reduce the number of Flight Attendants on voluntary furlough would ultimately cost the company more money rather than less. Obviously, if a Flight Attendant has to be furloughed, it is better financially for United to voluntarily furlough a more senior, higher paid employee rather involuntarily furlough the most junior, lowest paid employee, who would also be eligible for furlough pay if involuntarily furloughed.
In some rare instances, however, a Flight Attendant who would be subject to an involuntary furlough has the same wage rate as a more senior Flight Attendant who would be willing to accept a voluntary furlough. Since voluntarily furloughed Flight Attendants receive certain benefits that involuntarily furloughed Flight Attendants do not, it would be in United's financial interest to involuntarily furlough the junior Flight Attendant rather than accept a voluntary furlough from the more senior employee. In deciding which changes will provide the greatest benefit, it remains highly unlikely that United would seek a modification that in the great majority of cases increases rather than reduces its costs. Instead, we can assume that, for purposes of Section 1113, a debtor will pursue concessions that are broadly applied and consistently produce a substantial monetary gain.
4. As a Flight Attendant on voluntary furlough, am I at any greater risk of losing benefits through a bankruptcy proceeding than an active Flight Attendant?
No. Any reduction in benefits that comes out of the bankruptcy process will affect all Flight Attendants regardless of active or inactive status.
5. Will United conduct a voluntary furlough rebid if any changes are made to Flight Attendant benefits through the bankruptcy process?
Yes, a rebid of all voluntary furloughs will take place if there is a change to Flight Attendant benefits through the bankruptcy process.
6. If I am a voluntary furloughed Flight Attendant, will I be able to return prior to the expiration of the furlough period?
A voluntary furloughed Flight Attendant will only be allowed to return prior to the expiration of the furlough period, at her/his request, for personal reasons due to hardship, with the approval of the Company.
If a recall is necessary prior to the termination of the specified duration of the voluntary furlough, recall will first be offered to those involuntarily furloughed, followed by voluntarily furloughed Flight Attendants in inverse order of seniority.
7. If I am voluntarily furloughed, am I subjecting myself to surplus to a domicile other than the one from which I accepted voluntary furlough?
Section 21.A.3.e. of the AFA Agreement provides you with the contractual right to be returned to the domicile from which you were voluntarily furloughed. The only exceptions to this preferential right would be if the domicile was closed or if a surplus has been declared in the domicile and your seniority status is affected by the surplus action.
8. May a Flight Attendant retire from furlough without having to come back and fly a trip?
The company is willing to waive the requirement of having to return to work and fly a trip prior to retirement.
9. May I collect unemployment while furloughed (either voluntary or involuntary)?
Check with your state unemployment office (the state from which you are furloughed) for your specific unemployment benefits.
10. Do I lose all rights to return to United if I am involuntary furloughed?
No. Flight Attendants remain on the recall list for six years. The following benefits are available to involuntary furloughed Flight Attendants as listed in Section 21.G.1. of our Contract (page 147):
A Flight Attendant furloughed due to reduction in force, on return to duty, shall be allowed, for seniority purposes, all time accrued prior to such furlough but shall not continue to accrue seniority during the period of furlough. Coverage under the Company’s Accident, Sickness and Dental Program shall be continued for the first ninety (90) days of a furlough. All such furloughs shall expire at the end of six (6) years from the effective date of furlough and the Flight Attendant shall cease to have preference for re-employment.
11. I am on an occupational injury as well as concerned that I may be involuntarily furloughed. Will my occupational pay and medical benefits continue if I am furloughed?
The Workers' Compensation benefits are in two forms. There are legal benefits under the laws of the state where you filed your claim & there are contractual occupational benefits that are provided by the Flight Attendant Agreement. If you are furloughed you will continue to receive your legal workers' compensation benefits through Gallagher Bassett (GB). Your workers' compensation claim follows you, not the job. That includes your disability pay, called temporary total disability pay, and GB will continue to pay for medical bills that result from your work-related injury. You may even retain a lawyer if that is necessary & GB must cooperate.
If you are involuntarily furloughed you will no longer be entitled to the contractual occupational benefits since you are no longer working for United. When you are recalled you will be placed on the status you had when your were furloughed until you can clear medical and return to flying status.
12. May I bid for the voluntary furlough if I am on maternity leave?
This answer is broken into three pieces:
- Any Flight Attendant within the 1st and 31st week of being pregnant on the March 15th voluntary furlough bidding date, and on an S-3 status (intermittent maternity leave), is eligible to bid for voluntary furlough.
- Any Flight Attendant within the 1st and 31st week of being pregnant on the March 15th voluntary furlough bidding date, and on an L-3 status (maternity leave), must have written clearance to fly from her doctor by March 14, 2003 to be eligible to bid for voluntary furlough. This clearance must also be received at United Medical by March 14, 2003 . The clearance does not mean that the Flight Attendant must fly -- it only means that the Flight Attendant can fly.
- A Flight Attendant who has had her baby prior to March 15, 2003 , is eligible to bid for the voluntary furlough if she sends documentation to United Medical from her doctor that gives her clearance to fly before March 30, 2003.
13. May I bid for the voluntary furlough if I am on Occupational leave?
The Flight Attendant’s doctor must provide written documentation to United Medical by March 14, 2003 . The documentation must state that the Flight Attendant will be cleared to fly before March 30, 2003 for the Flight Attendant to be eligible to bid the voluntary furlough.
14. May I bid for the voluntary furlough if I am on FMLA?
If the Flight Attendant has an intermittent Family Medical Leave status, he/she is eligible to bid for the voluntary furlough. If he/she wants to be eligible to bid while on a continuous Family Medical leave, United Medical must receive written documentation by March 14, 2003 stating that the Flight Attendant will be cleared to fly before March 30, 2003.
15. What happens if I cannot clear medical at the end of my furlough?
If unable to clear medical due to a medical condition such as occupational or maternity status, Flight Attendants will remain on voluntary furlough status until attaining medical clearance.
16. How much training will I need to do when I return to active status after my furlough?
Due to new government regulations, Flight Attendants will be required to hand in their ID badge and handbook during the voluntary furlough. Voluntary Furloughed Flight Attendants will also no longer be allowed to attend training during the course of the furlough. It’s important to note that before returning from different furlough durations, Flight Attendants must complete the following training programs:
Time Away from Emergency Training
Less than 13 months 2 Day RET training 14 months to 36 months 3 Day RET training 37 months or more 6 Day RET training
Time Away from Flying for Services Training
37 months to 60 months 3 Day Service Requal Training
61 months or more 5.5 Week initial training
Neither of these training requirements is based solely on the start date of the furlough. All emergency training requirements are based on the last date of previously completed emergency training. All service training requirements are based on the date of the last flight flown as a Flight Attendant.
17. Do I pay Union dues while on voluntary furlough?
The AFA Constitution and Bylaws requires that all Flight Attendants pay dues for the first 3 months of any leave status, including voluntary furlough. Flight Attendants should contact the Local AFA Council with any questions about payment methods. If you would like to pay your dues beyond the required first three months to remain an active Member to vote, please contact the AFA International Office Membership Department to receive the form for monthly deductions taken out of your checking account. You will also need to ask the Membership Department where you should fax or send a written and signed statement saying that you would like to “leave and remain active.”
Mary Beth ZieAFA International Office Membership Departmentgler – 1-800-424-2401, ext. 744
Angela Davis – 1-800- 424-2401, ext. 843
Catrina Womack- 1-800-424-2401, ext. 832
