MEC Grievance Committee
In 2018, the Company introduced a new premium economy product, United Premium Plus. These seats located at the front of the economy cabin would be identified by their purple color and elevated economy service including a larger seat, greater recline with foot rest and enhanced meal options. They would only be sold as a “Premium Plus” seat with elevated service on international routes and select domestic flights. The introduction of this product did not change the class designation for the aircraft that have these seats. United Premium Plus seats would be served by those Flight Attendants who work in the economy cabin. United remained a two (2) class airline, United Polaris Business Class and Economy Class. It is important to understand this distinction when it comes to the application of 3.H.8 of our CBA. 3.H.8 provides that:
Flight Attendants will be booked in business class on three class aircraft, if available. If business is not available, the Flight Attendant will be booked in premium economy. Seating will be assigned first in aisle seats, then in window seats, and only if neither is available, in any other available seats.
While we have language in the agreement that addresses deadheading in a “3 class cabin” there aren’t any aircraft in the fleet currently with that configuration. United Premium Plus is sold as an economy product on select routes and was introduced after our prior contract the JCBA was negotiated. In 2022, we received a System Board decision from an MEC grievance we filed, MEC 5-18 clarifying the language. This grievance was filed to challenge the Company not booking Flight Attendants in United Premium Plus. While we did not prevail in the grievance, we did get the understanding and application to the language on how the Company will book deadhead seats.
Why was the grievance filed?
MEC 5-18 was filed when, after the Company introduced a premium economy product, they failed to book Flight Attendants, as required in Section 3.I.8 of the JCBA, now 3.H.8 of the CBA in “premium economy.” The question presented before the System Board of Adjustment was “Whether the Company’s action of first booking deadheading Flight Attendants in Economy Plus versus United Premium Plus (UPP) violates Section 3.I and 3.I.8, now 3.H and 3.H.8?”
System Board Decision and Application of Language
The Arbitrator ruled that UPP was an entirely new product that came into place after the language in the Contract had been negotiated. In the Arbitrator’s view, neither side was aware that a new product was going to be introduced and this created a “gap” in the Contract language. Despite the fact the Union attempted to secure language that would have guaranteed the “highest level” or “best” seat available for Flight Attendants, there was no understanding that any seat higher than Economy Plus would be provided. The Union could not have anticipated a new economy product would have been introduced and at the time the language was negotiated Economy Plus was the premium seat. The System Board cannot impose obligation or responsibilities on either party that is over or beyond what was agreed in the Contact. Since the award, we have negotiated a successor contract, however during surveys for Flight Attendant priorities, the issue of how deadhead seats are booked did not become a majority priority issue for Flight Attendants and therefore the negotiations did not include improvements to the language and the language carried forward from the JCBA into the current CBA. Along with that came the history and understanding of how the language is applied. When booking deadhead seats on aircraft that include the Premium Economy Section, the Company will use the following methodology:
It is important to note that due to real time trading, once the deadhead seat has been booked and trading begins, there is no contractual requirement for the Company to monitor or track what seniority a Flight Attendant has and change the deadhead to ensure a senior Flight Attendant has the “best” seat available. If a Flight Attendant is assigned a deadhead seat and subsequently trades out of that pairing, the deadhead seat follows the pairing.
On all flights, deadheading crew members will be added to the upgrade list in seniority order and if seats are available for upgrade, Flight Attendants will be upgraded in seniority order. This includes United Polaris Business and United Premium Economy seats where they are sold as an elevated economy product. On flights where UPP is not sold as an elevated economy product, Flight Attendants can change their deadhead seat selection by using the United mobile app and select any open seat in the entire economy cabin.