Section 28 - Commuter Program

SECTION 28

COMMUTER PROGRAM

28.A.

This Section establishes standards for managing Flight Attendant attendance when certain unavoidable circumstances preclude Flight Attendants from reporting as scheduled. While all concerned are required to conduct themselves with reasonableness, prudence, and good judgment, the obligation and responsibility to report for work as scheduled remains that of each Flight Attendant.

28.B.

This Section governs circumstances in which Flight Attendants are unable to report for scheduled assignments due to any of the following: 

28.B.1.

Unforecasted severe weather conditions or other natural disasters (i.e., blizzards, hurricanes, earthquakes, and other similar events), or 

28.B.2.

Hazardous or impassable roads resulting from severe weather, accidents, or natural disasters, or 

28.B.3. 

Mechanical problems while on the way to work, or 

28.B.4.

Unexpected airport disruption(s) or closures, or 

28.B.4.a. [Commuting by automobile, bus, train, public service transport]

Flight Attendants who commute by automobile, bus, train, or public surface transportation will be afforded the same privileges contained in this Section for unforeseen events related to severe unforecasted weather conditions or natural disasters which render roads hazardous or impassable, or enroute mechanical problems, provided that they call their Inflight Duty Office as soon as the unforeseen event becomes known and it appears they she/he will not make it to the airport to arrive at their her/his Domicile in time for their her/his scheduled report (e.g., road accident, mechanical breakdown, severe weather). Flight Attendants are expected to exercise prudent judgment and planning regarding checking load factors, flight availability, forecast weather, traffic reports, and otherwise generally “planning ahead” to avoid commuting problems. For example, it is not sufficient to utilize a flight(s) whose arrival/departure time is likely to be adversely impacted by forecasted weather events.

28.B.4.b. [Commuting by air]

A Flight Attendant commuting by air, must exercise good judgment and exert every reasonable effort to report for work. In all cases the flight(s) must be , including having the legitimate reasonable potential to commute on either of at least two (2) flights listed through the Company’s employee reservations systems, so long as such seats are controlled by the Company (i.e., twenty-four [24] hours prior to the first flight’s departure time both flights must be under authorization as displayed on the Company’s employee reservations systems, including accounting for non-revenue space available travelers that are listed and have either a higher boarding priority or greater seniority than the Flight Attendant), that are scheduled to arrive at their her/his Domicile or the point of their her/his duty assignment at least one hour (1:00) prior to their her/his report time for such assignment. The primary flight may either be a flight for which the seats are controlled by the Company or it may be a flight operated by another carrier (OAL). The secondary flight must be a flight for which the seats are controlled by the Company.

28.B.4.b.(1). [Commuting on UA/UX]

A Flight Attendant commuting on an airline whose seats are controlled by the Company, must have a legitimate reasonable potential to commute on at least one (1) flight listed through the Company’s reservations systems, including accounting for non-revenue space available travelers that are listed and have either a higher boarding priority or greater seniority than the Flight Attendant. Within the twenty-four (24) hours prior to the flight departure time the flight must have available capacity as displayed on the Company’s reservations system. 

28.B.4.b.(2).  [Commuting on other airline]

A Flight Attendant commuting on an airline whose seats are not controlled by the Company, must have a legitimate reasonable potential to commute on the flights for which they are listed. Within the twenty-four (24) hours prior to the flight’s departure time the flights must have available capacity as displayed on that company’s reservations system/interline booking system. It will be the responsibility of the Flight Attendant to provide the necessary documentation to show the available capacity. 

28.B.4.b.(3).  [Commuting revenue ticket w/ confirmed seat any carrier]

Flight Attendants choosing to commute with a revenue ticket with a confirmed seat on any commercial carrier will qualify as long as the flight is scheduled to arrive at their Domicile or the point of their duty assignment at least one hour (1:00) prior to their report time for such assignment.

28.B.4.c.

Upon actual assignment, a jumpseat(s) (Mainline and United Express) is considered an available seat for commuting purposes.

28.C.

This Section applies to Flight Attendants whose mode(s) of transportation to report for work are rendered unavailable by any of the conditions in Paragraph 28.B. only if there are no other reasonable alternative means of timely reporting for their scheduled assignments. A Flight Attendant may utilize two (2) or more airports in proximity to each other for purposes of satisfying the two (2) flights requirement of this Section (e.g., one (1) flight from Tampa, one (1) flight from Orlando, or one (1) flight from Sarasota) as long as the scheduled departure times between the two (2) flights reasonably allow the Flight Attendant to travel by surface transportation (i.e., automobile, bus, train or taxi) from one (1) airport to the other and physically check in at the gate in time for the scheduled departure of each flight. The commuting Flight Attendant must be at the gate and have checked in for the flights(s) to be utilized for purposes of this Section. 

28.D.

This Section does not apply to any other circumstance or condition related to a Flight Attendant’s failure to report for their her/ his scheduled assignment, or to timely report for their her/ his scheduled assignment, including personal emergencies. 

28.E.

When an unforeseen event takes place (e.g., no available seat, weight restriction, delay or cancellation due to unforeseen significant weather at the intended airport of departure or arrival, ATC or aircraft maintenance), affecting the Flight Attendant’s first commuting flight, they she/he must immediately contact Crew Scheduling. A Flight Attendant commuting by air will notify Crew Scheduling of the airline and flight number of their primary flight and that they she/he will be utilizing the back-up flight, when applicable, immediately upon discovering that they are she/he is unable to commute using the primary flight, regardless of the reason for such inability. They She/he shall also recontact Crew Scheduling immediately upon discovering that they she/he will be unable to commute on their her/his back-up flight, when applicable. In the case where a Flight Attendant is physically onboard their her/his first or back-up flight and the flight diverts in route, the Flight Attendant shall contact call Crew Scheduling as soon as they are able to do so she/he can make a telephone call. Upon notification to Crew Scheduling, the Flight Attendant shall continue on to their her/his Base if possible, unless released by Crew Scheduling/ Coordination. Upon arrival at their her/his Base, the Flight Attendant shall promptly contact Crew Scheduling/Coordination to advise them that they are she/he is there. They She/he will be subject to assignment, as follows:

28.E.1.

They She/he may be directed to report to their her/his original pairing or to a portion of the original pairing, joining it at a later point; or 

28.E.2. 

They She/he may be assigned a substitute pairing scheduled to fly on the same days as the original pairing; or 

28.E.3.

They She/he may be assigned a substitute pairing which begins on any day following the start of the original pairing, as follows: 

28.E.3.a.

For domestic pairings, the substitute pairing may not be scheduled to end later than the final day noon on the calendar day following the day on which the original pairing was scheduled to end. The Flight Attendant may advise the Company that she/he does not want to be assigned to a pairing scheduled to terminate the day after the original pairing was scheduled to terminate. In such cases, the Flight Attendant will not be entitled to a hotel room under Paragraph E.5., and she/he will still be subject to assignment under Paragraphs E.1., E.2. and E.4. 

28.E.3.b.

For international pairings, the substitute pairing may not be scheduled to end later than the calendar day following the day on which the original pairing was scheduled to end. The Flight Attendant may advise the Company that they do not want to be assigned to a pairing scheduled to terminate the day after the original pairing was scheduled to terminate. In such cases, the Flight Attendant will not be entitled to a hotel room under Paragraph 28.E.5, and they will still be subject to assignment under Paragraphs 28.E.1, 28.E.2. and 28.E.4.

28.E.3.c.

A Flight Attendant whose assigned substitute pairing is scheduled to end on the calendar day following the day on which the original pairing was scheduled to end will not be entitled to have that day off restored. 

28.E.4.

They She/he may be given any other substitute assignment which is mutually agreeable to the Flight Attendant and Crew Scheduling; and 

28.E.5.

Except as provided in paragraph 28.E.3.b., Paragraph 3.a., if requested by the Flight Attendant, the Company will provide a hotel room for a Lineholder Flight Attendant who commutes by air and who is in compliance with this Section if the Lineholder receives no immediate assignment or receives an assignment with a report time more than five (5) hours after the Flight Attendant arrives at their her/his Base. The Company shall not be obligated to provide more than the number of nights in a hotel than would otherwise have been provided on the Flight Attendant’s original pairing.

28.F.

A Flight Attendant given an assignment pursuant to Paragraph 28.E. will be compensated as if the original assignment had never occurred, and the substitute assignment had in fact been their her/his original assignment. If no substitute assignment is given, the original assignment shall be treated as a personal drop, and the Flight Attendant shall receive no pay or credit relating to it. 

28.G.

This Section shall be applicable to all Flight Attendants, whether Lineholders or Reserves. 

28.H.

Upon request, Flight Attendants shall be responsible for providing documentation required by the Company to establish their compliance with the terms of this Section. 

28.I.

Nothing in this Section shall be construed to limit or abridge the Company’s existing rights to make assignments/reassignments as necessary, and consistent with the Collective Bargaining Agreement to protect the operational integrity of the schedule.

28.J. 

A Flight Attendant who is unable to meet their her/his scheduled report time as a direct result of any of the circumstances listed in Paragraph 28.B., and who has complied fully with all of the terms of this Section shall be considered to have an authorized absence without pay, and shall not be subject to discipline (assessed points) as result of their her/his inability to report, unless such inability occurs repeatedly. The parties have intentionally not specified a precise number of instances that will be afforded the protections of this Section. Each invocation of this Section will be considered an independent event and judged on its own unique circumstances, however repeated invocations of this Section may be considered in evaluations of a Flight Attendant’s overall attendance/reliability.