In a series of webcasts, Alaska Airlines’ leadership held live question and answer sessions with flight attendants to convey information surrounding the decision from the Supreme Court of the United States not to hear their appeal in Bernstein v. Virgin America, and discuss their action plan to comply with the laws of California.
In February 2021, the Ninth Circuit Court of Appeals affirmed that Virgin America flight attendants, and any flight attendant still based in California, has a right to rest and meal breaks. Alaska Airlines appealed this decision to SCOTUS claiming the case was “worth fighting” because they “don’t want State rules that impact [employees’] flexibility and force base closures,” according to Kyle Levine, Alaska Airlines’ SVP & General Counsel on the webcast.
Now, along with other airlines that have California-based flight attendants, Alaska Airlines needs to implement a plan to ensure these workers get their required rest time but one way around this law: close all of their California bases.
During the webcast it was disclosed that the airline had been “scenario” planning for a while in the event the ruling didn’t fall in their favor, however, they also don’t have a concrete plan of action in place. One of the scenarios discussed was closing or downsizing their California crew bases, therefore removing their obligation to comply with the law. Only once during the PM webcast was it conveyed that this was a “worst-case” scenario. In detailing another plan, Leaders explained that the “easy fix” of adding an additional flight attendant to flights to allow for rotating breaks, which was actually a recommendation by the court, was actually the more expensive scenario of all options reviews. Leaders explained it would “remove a seat from inventory” and as a low-cost carrier, they simply couldn’t afford that.
Alaska also made the point that they believe the law doesn’t yet apply to pilots based in the State of California because “this case was about flight attendants,” and they’re watching lawsuits against other airlines with pilots involved to confirm whether or not they have a larger issue to deal with.
The doom and gloom of base closures sent many crewmembers into an anxiety-filled panic, but Alaska Airlines’ flight attendant union says it’s unnecessary.
In statements posted on its website, the union says “It is extremely premature and unnecessarily anxiety-provoking to suggest that downsizing or closing California domiciles is anything but a worst-case scenario.” The statement also added that the union plans to “share a different perspective with our members than that being offered by management.”
During the question and answer session of the webcast, many flight attendants inquired about the Leadership’s excessive conveyance that they’ve been planning for this situation, although they don’t have a set plan of action in place. Kyle Levine, Alaska Airlines SVP & General Counsel responded by saying “we’ve been preparing across the company and I think you all are taking issue with the fact that we haven’t announced within hours of the supreme court decision what we’re doing.” “It was out of respect for you, a desire to be deliberate, a desire not to rush.”
Leaders said they expect to select a course of action by August, but any impact to crews, trips or pairings wouldn’t take effect until October because of the lead time needed to plan and work with other airline departments.
