MEC Grievance Committee
In May and June 2024, the Union learned that management was denying Flight Attendants the right to use an earned ROD by preemptively blocking certain dates. Grievance MEC 06-24 was filed, and the case was arbitrated before the System Board of Adjustment.
The System Board Award
The core of this grievance was a dispute between the Company and the Union over the process in which a Flight Attendant exercised their contractual right to select specific ROD days of their choosing while balancing Management’s obligation to ensure the operation remained properly staffed.
The Arbitrator, writing for a majority of the Board, found that the company did not violate Section 7.R. of the JCBA (Joint Collective Bargaining Agreement) by predetermining the days it would not grant Restoration of Days Off. The grievance was denied.
The Board, comprised of five (5) members, recognized the challenge faced by the Flight Attendant in this case, who was unable to utilize the ROD within the required 90-day period. However, the Board ultimately determined that the JCBA does contemplate a remedy, providing that “if there is not a choice of suitable days for the affected member, or if there is no mutual agreement, the impacted Flight Attendants are entitled to five hours’ pay.”
The JCBA provides that when a Flight Attendant is entitled to a ROD, they are offered immediate payment. If they decline, the Flight Attendant must be given a day off within 90 days of the lost day. A mutually agreeable date is determined only "when there is a choice of days off to be restored". A choice must be present for there to be mutuality, meaning the company has to provide a list of dates to the Flight Attendant.
What the JCBA does not address is whether the Company has the right to determine the choice of days. For example, no weekends, specific holidays, etc.
Management’s rights, listed in Section 3.Q., cover this criterion, and the Board determined that the monitoring and control of the schedule by the company is to ensure there is sufficient staffing, which is a regular and customary function of management.
The five (5) hours payment provides a liquidated remedy for the Flight Attendant if the parties cannot agree on a ROD day within the ninety days.
What This Means for Flight Attendants
While it can be frustrating to not be able to use a ROD on a specific date due to scheduling pre-blocking said dates, it is important to understand that you are still entitled to 5 hours of add pay for your ROD if you cannot use it within 90 days from the trip that caused you to earn the ROD.
The JIT (Joint Implementation Team) will be discussing this award as it relates to the new language in an upcoming meeting, and will provide a clarification to the process when that has occurred. In the interim, please continue to work with FAST to find a mutually agreed-upon day to use your Restored Off Day.
If you have any other questions, please contact your Local Council.