January 2008

Topic:

Section 30 – International Flying

Q: My roommate has been with the Company for fourteen years, and has been based in solely in San Juan for the entire duration. I’ve too have always been based in San Juan, and have just reached my six year anniversary with the Company. My roommate has been receiving a Christmas Bonus from the Company every year but I have not. Since Puerto Rican law provides for a Christmas Bonus shouldn’t I be entitled to receive one as well? Additionally, Section 30.E. of our contract states “At a minimum, the following provisions of Puerto Rico law will apply to FA’s in Puerto Rico in accordance with Sideletter F (Christmas Bonus).” Therefore isn’t the Company’s practice of not paying me my bonus a violation of our contract?

A: No, this is not a violation of our CBA. Sideletter F states that only those F/A’s based in San Juan on the date of signing of the previous CBA on March 1, 1998 will receive a Christmas Bonus. The provisions of Sideletter F incorporate a practice known as “grandfathering”. Grandfathering requires the Company to continue to pay the Christmas Bonus only to those Flight Attendants based in SJU on the date of signing, which was March 1, 1998. Since you were hired after March 1, 1998, you are not eligible to receive the Christmas Bonus under the terms of Sideletter F. However, since your roommate was a San Juan F/A on or prior to March 1, 1998, she/he is entitled to receive a Christmas Bonus as long as she/he remains based in San Juan without ever transferring to another base. Please also reference sideletter KK.

Q: I had four overnights in Mexico last month. When I received my check on the 30^th I noticed that I hadn’t been paid the $5.00 international per diem for those overnights – as stated in Section 30.B of the contract. Did pay comp make a mistake?

A: No they did not make a mistake. Please refer to Section 30.A. of our CBA. This section advises us which locations are defined as “International.” International flying is all flying to or from an international city excluding cities in Mexico, Canada, the Bahamas and the U.S. Virgin Islands. The definition of an international overnight can also be found in Section 2.C.c. of our CBA.

Q: I am a San Juan based F/A with five years of seniority and I opted to receive pay in advance for two out of my three weeks of vacation, as stated in Sideletter E. When the vacation bids came up I noticed that I was only given one week (7 days) of vacation. Did I lose my other two vacation blocks because I opted to be paid in advance?

A: Because you opted to be paid out for 2 of the 3 weeks of VC – those 2 weeks will be coded as VU (Vacation unpaid). You have already received the pay, but are still entitled to the days off. The 3^rd week is coded as VC (Vacation paid) because you will be paid according to Section 10, Letter D for that week when actually taking the VC.

Q: I was injured on duty and am now eligible for Workers Compensation (El Fondo in Puerto Rico). El Fondo will pay me only $50.00 a week ($200 monthly). According to Section 30.F. of my Contract I can make-up the difference between El Fondo’s payout and two-thirds (2/3) my average weekly wages from my accrued sick leave bank. How does this work? Who do I need to contact in order to request the use of my sick leave bank?

A: You will need to contact Pay Comp and let them know you want to use your accrued sick leave bank.

Average Weekly Wage Calculation: Pay Comp calculates your average weekly wage using a formula based on the minimum monthly guarantee of 75 hours. This number is divided by 4 (weeks in a month) which equals 17.5 hours. They then take your hourly rate and multiply it by 17.5 hours/week. The resulting amount becomes your Average Weekly Wage.

For example: If your hourly rate is $20.00 then they would multiply it by 17.5 hours which would equal $350.00 as your Average Weekly Wage. Pay Comp would then determine how much accrued sick time you would be eligible to use to make up the difference between the El Fondo payment and your Average Weekly Wage.

How Long Will My Sick Bank Last? The following formula will assist you in determining how long your accrued sick back will last when using it to make up the difference between El Fondo benefits.

$25.32 F/A’s pay rate (6 yr. F/A)

60 hours in F/A’s accrued sick leave bank

$443 = F/A’s average weekly wages ($25.32 x 17.5 = $443)

$295= two-thirds (2/3) of the F/A’s average weekly wages ($443 x 0.666 = $295)

$245 = Amount of $ needed weekly to make-up the difference between El Fondo’s payout and two-thirds (2/3) of their average weekly salary ($295- $50 = $245)

$1519.20 = F/A’s available funds from their sick accrual (60 hrs x $25.32 = $1519.20) 6.20 weeks is how long the F/A will be able to make-up the difference between what El Fondo is paying and two-thirds (2/3) of the F/A’s average weekly pay. ($1519.20/$245 = 6.20)