SECTION VIII

LEGAL, GRIEVANCE AND GOVERNMENT

　

A. Flight Attendant Testimony in Accident Cases

In cases involving airline accidents, members of the Union shall not commit themselves orally or in writing, and shall refuse to give any statements or testimony to or before so-called fact-finding committees, boards and airline officials, or to any agency of Federal or State Governments unless and until they are represented by the AFA-CWA office or local AFA-CWA counsel, and then only if the law requires that such statements and testimony be given.
　

B. Legal Assistance to Members

The Union will provide legal assistance to members in matters arising out of their employment to the extent that such action is within the recognized purpose of AFA-CWA in protecting and advancing the welfare and security of all airline flight attendants collectively and individually. A guide for processing grievances is available from the local officers or the local grievance chairperson.

1. The Legal Department will provide the same representation in System Board cases to all flight attendants, regardless of membership or non-membership status. However, in those cases involving (1) members in bad standing, (2) non-members delinquent under the Agency Shop agreement, or (3) non-members not covered under Agency Shop agreements, the Local Council President involved shall require that the flight attendants pay AFA-CWA for the fees and expenses incurred by the assigned AFA-CWA staff, i.e., attorneys, staff negotiators, and an appropriate retainer shall be required.

2. At the outset of each System Board and arbitration representation, the staff attorney or staff negotiator involved shall determine the membership and financial status with AFA-CWA and shall report such findings to the appropriate Local Council President.

3. With regard to those flight attendants who are (a) members in bad standing, (b) service charge members delinquent under Agency Shop agreements, or (c) non-members not covered under Agency Shop agreements who have failed to proffer a required retainer, the Local Council President shall decline to provide the flight attendant with the services of a staff attorney or staff negotiator unless and until the flight attendant pays all of her/his back dues obligations or the required retainer.
　

C. Appointment of System Board Members

System Board members shall be elected for two (2) year terms. At least one Union member to each System Board of Adjustment shall be elected each year by the Airline Master Executive Council, such elections to be made in a manner so as to ensure, insofar as possible, that both Union members of a particular System Board of Adjustment will not at any time be new. In recognition of the smaller membership size of some carriers, use of a single arbitrator is encouraged. AFA-CWA shall establish training programs and carriers should utilize trained AFA-CWA members to conduct System Board of Adjustment hearings.

D. Lawsuits by Members Against AFA-CWA

All members of the Union must exhaust all internal remedies provided in the Constitution and Bylaws or policies with respect to any issue between the member and the Union before initiating any legal action against the Union.
 

E. Anti-Discrimination Legislation

The Union's officers shall actively support all pertinent legislation and introduce such legislation where applicable that will inure to the benefit of the membership on matters pertaining to discrimination involving age, sex, marital status, domestic partnerships, etc. In seeking such legislative goals, cooperation should be undertaken with other labor groups such as the AFL-CIO and other bodies as required.

F. Unemployment Insurance and Worker's Compensation Legislation

The Union's officers shall actively support all pertinent legislation and introduce such legislation where applicable that will ensure improved benefits to the membership on matters pertaining to unemployment insurance and worker's compensation.
　

G. Customs Regulations

Flight crew members of U.S. international air carriers should be permitted to bring into the United States on an annual basis a reasonable amount of duty-free goods and the Union shall make every reasonable effort to obtain international flight crews the same basic customs privileges accorded other U.S. Citizens.

The Union should begin legislative efforts to upgrade the $25.00 duty-free exemption for flight crew members to the $400.00 duty-free exemptions every thirty (30) days applying to a returning resident of the U.S. In addition to the above, the Legal Department should ask the Treasury Department for a reinterpretation of the existing laws to be tailored for flight crew members.
　

H. Mutual Aid and AIRCON

The Union supports all legal and legislative efforts before the Civil Aeronautics Board, Federal Courts and Congress against the Mutual Aid Pact and AIRCON.
　

I. Polygraphs

The Union opposes the use of polygraphs and other "lie-detection" devices in the employment context for any purpose. Union representatives should take all possible steps to prevent such tests from being administered and shall promptly notify the AFA-CWA Legal Department when the issue arises. The Union will oppose the introduction of test results at all hearings and will never seek to introduce such evidence.
　

J. Alcohol/Drug Testing

The Union opposes the use of mandatory/random alcohol and drug testing methods. In the event mandatory/random alcohol and drug testing is instituted pursuant to law, AFA-CWA will advise all members in writing of their rights under such laws.
　

K. Weight Standards

The Union opposes and shall seek to eliminate flight attendant weight standards and programs.