- Under the Railway Labor Act (RLA), participating in “self-help” actions such as strikes or work slowdowns is only allowed after the National Mediation Board (NMB), at its sole discretion, releases the parties and a 30-day cooling-off period has passed.
- Engaging in or supporting these actions before the cooling-off period ends is against the law and could result in serious consequences for individual Flight Attendants, including disciplinary action or termination. It could also harm our Union’s negotiations and bargaining position.
- Both parties must maintain the “status quo” during negotiations, which means no changes to current pay, rules, or working conditions are allowed.
Note: This is an updated version of a May 2024 communication “Maintaining the Status Quo.”
As TA2 negotiations intensify and as we head into the winter holiday travel season, we must be careful how we talk about negotiations and how to pressure management. Under the Railway Labor Act (RLA), only after the National Mediation Board (NMB) releases us following a 30-day cooling-off period are we allowed to engage in “self-help.” The NMB has discretion over whether to grant a release to strike. For a recap of an October 8th conversation between AFA leadership and the federal mediator assigned to our case, click here.
Examples of self-help include concerted efforts to not pick up from Open Time, “working to rule,” refusing to perform duties, disrupting the Company’s operation over a holiday period, coordinating calling in sick, et cetera. It is illegal to advocate for such actions before the end of the 30-day cooling-off period. Individual Flight Attendants may be disciplined, or their employment terminated for advocating for “self-help” outside the RLA provisions. We do not want to put Flight Attendants, AFA, or our negotiations at risk.
What this means is that both parties currently have an obligation to maintain the “status quo” and cannot engage in any self-help. The status quo refers to the current rates of pay, rules, and working conditions at the time of direct negotiations. It prevents the Union or Flight Attendants from taking work actions up to and including striking and management from imposing changes to work rules.
While this may seem unfair to workers, we must abide by the law. We have a plan to reach an agreement that does not put individual Flight Attendants at risk. Do not jeopardize yourself or our collective efforts by advocating for any such unauthorized and/or illegal activities. If you are feeling ill, then of course you may utilize your sick leave appropriately. Our power is in our solidarity.