An open letter to management on the new TikTok policy

A week ago on the eve of the holiday weekend and all of the challenges we faced in the operation, management announced the new TikTok policy that is unclear in how it will be applied and inconsistent with the federal regulation it claims to be following. Coincidentally, management's broad restriction on our personal devices comes after our campaign launched our Delta AFA TikTok account that immediately garnered excitement and thousands of views on a video about our legal rights in organizing our union.

Today, at the request of our Delta Flight Attendant organizing committee, the Association of Flight Attendants-CWA sent a letter to CEO Ed Bastian requesting clarification on the policy. Unfortunately, without a union at Delta we once again can only ask to be treated with dignity. When we secure our Flight Attendant union at Delta, we'll have legal standing to address any policy changes in a quick and efficient manner that prioritizes our rights and concerns, not just management's whims. Incidentally, no other network airline (where union representation exists) implemented a policy like this.

Read the full letter below and let us know what you think. Then sign a card and sign up to join our campaign for dignity and standing at Delta.

In Unity, 

Your Delta AFA Organizing Committee

PDF Version

July 7, 2023

Edward Bastian, CEO 
Delta Air Lines 
1030 Delta Blvd 
Atlanta, GA 30354

Dear Ed,

On June 30, 2023, the Company announced a TikTok Restriction placed on Delta Flight Attendants. This has generated significant questions and confusion, along with privacy concerns. This is an open letter between AFA and Delta Air Lines intended to help make this policy clear in how it is administered and enforced, while maintaining necessary security and personal privacy.

The U.S. government implemented a federal regulation on June 2, 2023, that prohibits government contractors from having or using TikTok, or any ByteDance covered application, on devices used to perform government work. As Flight Attendants, safety and security are important for our work and we want to protect the integrity of our nation, the Company, and our colleagues. Thus, we understand the importance of the Company complying with this regulation. We also want to ensure that Delta Flight Attendants’ individual rights are protected. We do not believe the two interests are in conflict with one another.

The federal regulation states that “[a] personally-owned cell phone that is not used in the performance of the contract is not subject to the prohibition.” On the contrary, the regulation provides that contractors must clearly explain to their employees “when a covered application is prohibited on a personal device used in performance of a Federal contract.” It is not clear as to why the Company has asked Delta Flight Attendants to remove TikTok or any other ByteDance covered applications from their personal devices when they are not used to perform any government work. Perhaps a simple clarification of the policy that the restriction does not include personal devices would resolve this. If this clarification cannot be made, it raises concerns about whether the company is accessing personal devices through Delta networks or applications.

Answers to the following questions should help provide clarity on how the Company will be enforcing the TikTok Restriction policy, and whether Delta Flight Attendants’ privacy is at risk:

1. Under the Electronic Communications Privacy Act of 1986, employers will sometimes monitor the communications of an employee. But employers should never be monitoring the private personal devices of their employees–especially when those employees are discussing the terms and conditions of their employment as protected by the Railway Labor Act. Regardless of whether consent is given, and really—why would a Delta Flight Attendant ever voluntarily consent to the monitoring of their personal devices—the Company should communicate how management is monitoring personal devices, and how it is storing and using the data available on a Delta Flight Attendant’s personal device. Please address whether there are adequate safeguards to protect Delta Flight Attendants’ privacy.

2. How is the Company going to block access to its Delta applications and networks for non-compliant personal devices?

3. Delta Flight Attendants have received company emails notifying them that their personal device is not in compliance with the TikTok Restriction. How is the Company being notified that a Delta Flight Attendant’s personal device is not in compliance?

4. Is the Company conducting any sort of data searches within a Delta Flight Attendant’s personal device through Delta applications or systems?

5. If a Delta Flight Attendant does not remove the TikTok or ByteDance covered application from their personal device, does the Company intend to take disciplinary action related to use of a personal device? Again, how will this be determined? Is it while also accessing Delta applications or systems on the personal device?

6. How is the Company going to communicate with Delta Flight Attendants about how this federal regulation will be implemented with Delta applications and systems? And if any private information is becoming accessible to the Company, how will the Company disclose this?

7. If the Company is able to continue administering its own TikTok account in a way that protects its systems and complies with the regulation, why hasn’t the company taken action to protect all of its applications and systems without having to ask Delta Flight Attendants to remove applications from their personal devices?

8. Why were Delta Flight Attendants notified of the TikTok Restriction policy on June 30, 2023 to be effective immediately in the middle of significant operational challenges, and a whole three weeks after the regulation was published? What was the sudden urgency when this requirement has not been put on Flight Attendants at other network carriers?

We welcome any clarification or information you can provide related to implementing this federal regulation while protecting Delta Flight Attendants’ individual privacy rights.

Sincerely,

Sara Nelson
International President