There have been some concerns on how management is defining an occurrence. At the Labor/Management (LM) meeting on 3/30/2017, the union asked management if a TSO were to call out sick, and again called out sick the following day, would this be one occurrence. Management explained it would be two occurrences, because the TSO called out twice.

Upon further discussion management informed the union that if a TSO call's out sick to the coordination center (CC) and intends to be out more than one day, to inform the CC that you will be out three days, and ask for the confirmation/reference number, be sure to get the name of the CC representative you spoke with and note the date and time you called into the CC. Then contact your leadership at your assigned work location of your intended absence. Upon return from your sick leave submit your SF71 in eLeave, if you did not require the entire 3 days only enter the dates for the days you were out sick, enter your confirmation/reference number in the notes section of the SF71. This will only create one occurrence for your absence. The LP March brief, as well as the membership meeting, this information was discussed with TSOs explaining how to go about the sick call outs.  

In the LP Brief of 11/15/2017, I wrote "Tis the season to be Jolly is right around the corner but with that being said; Tis the season for Sick Leave Restrictions being issued." Based on the previous management action please review the following parts of the CBA.  This is the time of the year for Sick Leave Restriction to be issued. Below are areas of the CBA that can help you with concerns you may have on how management issues a sick leave restriction. Remember management will try to us the MD, however, when there is a section in the CBA concerning the action, the CBA has presentence over the MD. 

Management issues Sick Leave Restriction in order to have you at work, remember there is only Sick Leave Restriction, no Leave Restriction. Contact a union official on any notice so that we can take steps, and if necessary to grieve. Also, if this is an issue with DAL, TYR, GGG and SPS contact any union official.

On 12/20/2017 a meeting with DFW FSD leadership, once again discussed how management defines an occurrence. We were informed if a TSO calls off on sick for that one day, and calls out for any additional days for the same illness, will result in multiple occurrences. However, when notifying the CC and you intend to be out 3 days on the initial call, and you are given separate confirmation/reference numbers for each day you anticipate being out sick, contact a union official to submit a statement concerning the violation of policy. This way the POC AFSD Robert Gentry can be notified, as it should be one occurrence. The union still advises when you call in sick inform the CC that you anticipate you will be out three days.


In Solidarity

LP Rudy Garcia


Collective Bargaining Agreement
ARTICLE 3: ATTENDANCE MANAGEMENT PROCESS

C. TYPES OF LEAVE:

2. SICK LEAVE
(a) Sick leave is a benefit that may be used by the bargaining unit employee for any of the following reasons:

i. Medical, dental, or optical examination or treatment;

ii. Incapacitation due to physical or mental illness, injury, pregnancy, or childbirth;

iii. To prevent exposure of a communicable disease to other employees and/or the general public;

iv. To participate in activities related to the adoption of a child; and

v. For medical-related family care and bereavement purposes.

(b) In the event of an unanticipated absence, bargaining unit employees will call the designated telephone number for call-outs at their airport.  A bargaining unit employee who expects to be absent more than one

(1) day will inform management or designee of the expected date of the return to duty.  In the case of extended illness, for which the bargaining unit employee has provided medical documentation or management has confirmed the bargaining unit employee's incapacitation, daily reports will not be required.  The bargaining unit employee will submit, on the first day back to duty, his/her leave request (OPM Form 71, Request for Leave or Approved Absence, or TSA approved electronic version) when requesting leave for the length of the absence.

(e) Approving Sick Leave Requests

i. Leave approving officials shall not deny a bargaining unit employee's use of accrued sick leave for which administratively acceptable documentation has been provided unless there is specific knowledge of that bargaining unit employee's abuse of sick leave.

ii. Administratively acceptable documentation for the approval of sick leave is as follows:

a) Self-Certification: Documentation of Sick Leave Absences of Three (3) Days or Less: A bargaining unit employee's completed OPM 71, Request for Leave or Approved Absence, or TSA approved electronic version will be used as self-certification for sick leave absences of three (3) days or less, unless the bargaining unit employee is on sick leave restriction or management has specific knowledge of bargaining unit employee misuse or abuse of leave.

b) Medical Certification:

(1) Documentation for Sick Leave Absences of More than Three (3) Days:  For sick leave absences of more than three (3) days, management clearly states that the bargaining unit employee was incapacitated for duty, and is signed and dated by the physician or authorized health care may require a bargaining unit employee to submit a health care provider's

DFW BUE informed the Local 1040 eBoard of management steps in the intention of issuing notice of unscheduled leave (UA), and will start on a one-on-one review with TSOs to determine if any action will need to be taken at DFW.