Is It a Grievance, or Just a Gripe?

When something happens to you at work and you believe you may have a grievance, what can you do?

Contract language can sometimes be difficult to interpret and understand, and not every workplace issue is actually grievable. In the following article, AFA has attempted to provide a brief understanding of the difference between what can be grieved under the contract and what may simply be a gripe or complaint.

So, is it a grievance or just a gripe?

Is It a Grievance?

In order to file a grievance, there must be an actual contractual basis for one, or one or more of the components listed below should apply. If none of these exist, you may have only a "gripe."

You should speak with a Local Council Grievance Representative, who can assist you in determining whether your issue is a bona fide grievance or a gripe.

A grievance generally has one or more of the following components:

1. Violates a section of the contract.

2. Violates a Company rule or policy.

3. Discipline is issued without just cause.

4. Involves an event in which a Flight Attendant is treated disparately, unfairly, or discriminatorily.

5. Violates a binding past practice.

Violation of the Contract

Section 3.B. of our contract defines a contractual grievance as:

«A dispute between the Company and a Flight Attendant or group of Flight Attendants growing out of the interpretation or application of the contract.»

If the Company violates a provision of the Collective Bargaining Agreement (CBA), a grievance may be filed.

You will need to carefully review the CBA to determine which section you believe management has disregarded or violated. Once you have identified the portion or portions of the CBA that may have been violated, you may be ready to file a grievance.

Per Section 3.B. of the CBA, contractual violations must be filed within sixty (60) calendar days of the time you became aware, or reasonably should have become aware, of the circumstances from which the dispute arose.

Violation of Company Policy

Section 3.C. of our contract defines a disciplinary grievance as follows:

«A discipline or discharge grievance is any dispute between the Company and a Flight Attendant regarding that Flight Attendant's discharge from employment with the Company or discipline issued to that Flight Attendant.»

The Company has the right to manage its workforce through the issuance of discipline. However, such discipline must be for "just cause." There are certain standards and conditions the Company must meet to establish that discipline was issued fairly and with just cause.

You have the right to a Union Representative during any investigation that could lead to discipline. We strongly urge you to exercise this right.

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​Per Section 3.C.2 of the CBA, Discipline or Discharge grievances must be filed with the Director of Inflight, or her/his designee, within fourteen (14) calendar days of the Flight Attendant's receipt of notice of discipline or discharge from the Company. The affected Flight Attendant or the Association may file a grievance.  

When Do You Need a Union Rep?

If a manager requests that you meet with them, it is important to remember to:

• Ask the manager if the meeting involves a disciplinary matter.
• If the manager says "yes," you are entitled to a minimum of 48 hours' written notice.
• Call the EDV AFA Hotline at 855-4-EDV-AFA (855-433-8232 listen for correct extension for your council) to obtain Union representation.
• Go to edvafa.org and submit a request for a Union Representative 

Why Should You Have a Union Representative at the Meeting?

It is always beneficial to have a second pair of eyes and ears. Union Representatives are trained to help keep the meeting focused, advocate for you if discipline results, and maintain confidentiality.

Having a representative with you can also provide valuable support during what may be a stressful meeting.

Don't go into a meeting unprepared. Protect your rights through proper representation.

Disparate Treatment

There may be instances in which a Flight Attendant is treated disparately or more harshly than others who have committed the same or a similar offense. In some cases, this may also involve discriminatory practices that violate Company policy or federal law.

Your Grievance Representative will determine, in consultation with an AFA-CWA Staff Attorney, the best course of action.

Violation of Binding Past Practice

A grievance may also be filed for a violation of a binding past practice.

In order for an action of the Company or the Union to be considered a binding past practice, you and your Grievance Representative should consider the following guidelines:

It must be long-standing.

The practice may have occurred more than once over a significant period of time.

It must be well-seated.

The practice may have continued through more than one contract, manager, or management team.

It must be mutually recognized.

Both the Union and the Company must have been aware of the practice.

Violation of Law

In some cases, the Union may be able to file a grievance involving a violation of law. Other avenues for resolution may also be available and could be more appropriate.

An AFA-CWA Staff Attorney will review the case in consultation with the Grievance Committee to determine the appropriate course of action.

Once it has been determined that the issue is a grievance, your Local Grievance Representative will assist you with filing that grievance.

Is It a Gripe?

If none of the conditions listed above are met, your issue may not rise to the level of a grievance.

While the situation may be considered a "gripe," that does not mean your concern isn't important or that AFA cannot attempt to find a resolution.

Gripes are typically addressed through AFA's committee structure. Our committees compile Flight Attendant concerns and meet with management to attempt to bring about change outside of the contractual grievance process.

Examples of a Gripe Might Be:

• "I don't like the flying that is on my line."
• "Why can't we have more lines of flying with weekends off?"
• "The serving carts are always broken."
• "We are constantly experiencing delays, and the passengers take it out on us."

In order to have your concern addressed, the appropriate committee will need detailed documentation regarding the issue.

If you know which committee handles your concern, you can submit your documentation directly to that committee. If you aren't sure which committee to contact, you can submit the documentation to your Local Council Officer(s), who can forward it to the appropriate committee.

Documented concerns are also collected and can help identify areas of the contract that may need improvement during the next round of contract negotiations.