SECTION 30 - GRIEVANCE PROCEDURE

A. SCOPE OF GRIEVANCE

The grievance procedures set forth below shall be applicable to all disputes between the parties arising from the terms and conditions of the employment relationship or out of the interpretation or application of any of the terms of this Agreement. All grievances shall be in writing and shall contain a brief statement of the facts, the relief sought and, if the grievance concerns a contractual dispute, a reference to the provision(s) of this Agreement allegedly violated.

B. DISCIPLINE AND DISCHARGE GRIEVANCES

    1. The Company shall not discipline or discharge a Flight Attendant without giving her/him written notification of the specific charges for discipline or discharge. The Company shall send the notice to the Flight Attendant’s last known home address on file with the Inflight Department with copies to the persons stated in Paragraph D.8., below.

2. Once a Flight Attendant has received a notice of discipline or discharge, pursuant to Paragraph B.1., above, she/he may at her/his option discuss the matter with her/his immediate supervisor, either with or without a Union representative present, in an attempt to resolve the dispute informally, prior to filing a grievance.

3. Notwithstanding the provisions of Paragraph B.1., above, the Company may, upon notice to the Flight Attendant (which notice shall be confirmed in writing as soon as reasonably practical, but in no event later than twenty-four (24) hours after verbal notice) hold a Flight Attendant out of service pending review of the incident at issue. The Company shall provide copies of the written confirmation to the persons referenced in Paragraph D.8, below.

a. While held out of service, the Flight Attendant shall receive pay and credit for trip(s) and/or reserve duty day(s) missed until the Company issues specific charges or returns her/him to active flight status, whichever occurs first.

b. If the Company fails to issue charges, the Flight Attendant shall: (1) be returned to service without loss of seniority or benefits and (2) have her/his record and file(s) cleared of any reference to the allegation(s) involved as if she/he had never been held out of service. Nothing contained herein shall preclude the Company from continuing its investigation or from providing the Flight Attendant subsequent notice of discipline or discharge.

4. A Flight Attendant who receives written notification of discipline or discharge may file a request for an investigation and hearing of the matter within ten (10) business days of receipt of the Company's notice of discipline or discharge. The request for an investigation and hearing shall be made in writing to the Director of Inflight Services or her/his designee.

5. The hearing requested pursuant to Paragraph B.3., above, shall be held at the Company's corporate headquarters or such other place as mutually agreed to by the parties, and shall be conducted by an Inflight Manager or other appropriate designee, within ten (10) business days of receipt of the Flight Attendant's written request. Within ten (10) business days after the close of the hearing, the Company shall issue a written decision to the Flight Attendant with copies to the persons specified in Paragraph D.8., below.

6. If the Company's decision issued pursuant to the Paragraph B.4., above, is not satisfactory to the Flight Attendant, the Union may appeal the decision to the Director of Inflight, provided the appeal is submitted in writing within ten (10) business days of receipt of the Company's initial decision.

7. The Director of Inflight or an appropriate designee, shall hold the appeal hearing at the Company's corporate headquarters or such other place as mutually agreed to by the parties within ten (10) business days after the receipt of the written appeal. Within ten (10) business days after the appeal hearing, the Company shall issue a written decision to the Flight Attendant with copies to the persons specified in Paragraph D.8., below.

8. If the Company's appeal decision is not satisfactory to the Flight Attendant, the Union may appeal the matter to the America West Airlines Flight Attendant System Board of Adjustment, pursuant to Section 31 of this Agreement, provided such appeal is submitted in writing within thirty (30) days of receipt of the Company's appeal decision.

9. If a Flight Attendant is cleared of charge(s) brought against her/him, the Company shall remove all reference to the substance of the charge(s) and the investigation, if any, from its files. Files, as used herein, shall include the Flight Attendant’s personnel files, inflight files, and any other records kept by an Inflight Manager or Supervisor. Nothing contained herein shall preclude a Manager or Supervisor from retaining records that are general in nature and that do not contain a specific reference to the substance of the charge, (e.g., discussions concerning Company or Inflight rules, procedures or standards). The Company shall not be prohibited in any manner from utilizing such record in the event a Flight Attendant is subsequently disciplined. The Company shall neither consider nor refer to any charge(s) of which a Flight Attendant has been cleared in the event that it brings subsequent charge(s) against the Flight Attendant.

10. If a Flight Attendant is suspended, the suspension shall commence on the first scheduled workday following its imposition and shall continue for consecutive days (including scheduled days off) until the specified suspension days have been served.

11. A Flight Attendant who is suspended shall lose all pay and credit for scheduled duty periods missed during the suspension and/or the monthly guarantee shall be prorated to account for the days of suspension.

12. Subsection B., of this Section shall not be available to any Flight Attendant during her/his probationary period.

C. NON-DISCIPLINARY GRIEVANCES

1. Any Flight Attendant(s), MEC/LEC President(s), or the MEC/LEC Grievance Chairperson(s), or the Company, may file a grievance over misinterpretation or misapplication of the terms of this Agreement (excluding matters covered by Subsection B. of this Section), provided the written grievance is received within thirty (30) business days of when the Flight Attendant(s), the Union or the Company knew, or reasonably should have known, the facts surrounding the dispute.

2. The written grievance shall be signed by the MEC/LEC Grievance Chairperson(s) or the MEC/LEC President(s), and shall be addressed to the Director of Inflight. The grievance shall contain a reference to the provision(s) of this Agreement allegedly violated, a concise statement of the facts involved in the dispute, and the relief sought.

3. Within ten (10) business days after receipt of the grievance, the Manager of Inflight, or her/his designee, shall conduct a hearing at the Company's corporate headquarters or at another location mutually agreed to by the parties.

4. The Company shall issue a written decision within ten (10) business days of the close of the hearing to the Flight Attendant(s), with copies to the MEC/LEC President(s), or the MEC/LEC Grievance Chairperson(s), and to the persons specified in Paragraph D.8., below.

    1. If the Company's decision, issued pursuant to Paragraph C.4., above, is not satisfactory to the MEC/LEC President(s), or the MEC/LEC Grievance Chairperson(s), the matter may be appealed in writing by the MEC/LEC President(s) or Grievance Chairperson(s) to the Director of Inflight provided such appeal is received by the Company within ten (10) business days of receipt of the first step decision.

6. The Director of Inflight shall conduct a hearing within ten (10) business days of receipt of the written appeal and shall issue a decision within ten (10) business days of the hearing to the MEC/LEC President(s) or Grievance Chairperson(s), with copies to the persons specified in Paragraph D.8., below.

7. If the decision of the Company is not satisfactory to the grievant(s), the matter may be appealed in writing by the Union to the America West Flight Attendant System Board of Adjustment, as provided in Section 31 of this Agreement, provided the written appeal is received by the Company within thirty (30) days of receipt of the Company's decision issued pursuant to Paragraph C.6., above.

    1. Any grievance filed pursuant to Subsection C. of this Section that requests a monetary award, shall be limited in its recovery to a maximum of one hundred and twenty (120) days prior to the date of filing of the grievance, the date the grievance arises, or the date the grievant(s) should have known a violation occurred, whichever date occurs last.
    2. Any Company grievance shall be signed by the Vice President of Labor Relations or her/his designee and addressed to the MEC/LEC President. The grievance shall contain a reference to the provision(s) of the Agreement allegedly violated, a concise statement of the facts involved in the grievance and the relief sought. The MEC/LEC President shall issue a decision within ten (10) business days after receipt of the grievance. If the MEC/LEC President’s decision is not satisfactory to the Company, it may appeal the matter in writing to the America West Flight Attendant System Board of Adjustment, as provided in Section 31 of this Agreement, provided the written appeal is submitted to the MEC/LEC President within thirty (30) days of receipt of the MEC/LEC President’s decision.

D. GENERAL

1. If the Company fails to hold a hearing or issue a decision within the time limits specified in Subsections B. or C., above, the grievance shall be considered denied and shall automatically proceed to the next step in the appeal process, without further action by the Flight Attendant or the Union. If the Flight Attendant or the Union fails to appeal any decision issued by the Company within the time limits specified above, the decision of the Company shall become final and binding.

2. Flight Attendants covered by this Agreement may be assisted at a hearing conducted pursuant to this Section by a Union representative(s).

3. Both parties shall have a full opportunity to present evidence necessary to their case through documents and witness testimony.

4. All grievances, appeals, and decisions addressed under the provisions of this Section shall be in writing and shall be sent to the MEC/LEC Grievance Chairperson(s) or the Company as the case may be, by Certified Mail, Return Receipt Requested, with copies sent by regular mail to the persons specified in Paragraph D.8., below.

5. If a Flight Attendant is designated by the Union to represent a Flight Attendant or to appear as a witness at a hearing, she/he shall be permitted to drop any scheduled trip assignment(s) for Union business to attend such hearing and shall be paid under the flight pay loss provisions of Section 28, Union Business. If the Company calls a Flight Attendant as a witness, she/he shall receive full pay and credit for any trip(s) and/or reserve duty day(s) missed at no cost to the Union.

6. Time Limits

a. For the purpose of mailing and the receipt thereof, the time limits specified in this Section shall be determined by the day of actual receipt or the date of the postmark plus ten (10) days for mailing (excluding holidays and Sundays), whichever occurs first.

b. Time limits specified in this Section shall be extended only in writing by mutual agreement between the parties.

7. Reference to days in this Section shall mean calendar days, unless specified as business days.

8. Copies of all Company hearing notices and decisions shall be sent to the MEC/LEC Grievance Chairperson(s) by Certified Mail Return Receipt Requested, with copies by regular mail to the MEC/LEC President(s), the grievant in the case of a disciplinary or discharge grievance, and the Union and AWA Legal Departments. All initial grievances and appeals shall be submitted to the Company by Certified Mail Return Receipt Requested to the following address:

Manager/Labor Relations

(New Co. Address)

_____________________________

Attn: Inflight Grievance Manager

9. When a Flight Attendant is required by an Inflight Supervisor to attend a meeting that could result in discipline, she/he shall be advised of the nature of the meeting and of the right to have a Union representative of her/his choice present as a witness. Unless the parties agree otherwise, no such meeting conducted under the provisions of this paragraph shall be postponed beyond thirty-six (36) hours to accommodate a Flight Attendant's request to have a Union representative present. This Paragraph shall not apply to any drug or alcohol test(s) conducted by the Company. When a Flight Attendant attends a meeting that may result in disciplinary action, the Flight Attendant and her/his Union representative shall be allowed to review the Flight Attendant's file and all documents or reports relating to the action from the time the Flight Attendant receives notice of the meeting until the start of the meeting. The Union shall be allowed, at its expense, to copy all documents related to the dispute relied on by the Company.

10. Settlement of a grievance(s) shall not, unless expressly so stated in writing and approved by the MEC President and the Vice President of Labor Relations, be of any value in the interpretation of this Agreement nor shall they set or be of any value as precedent for the handling of other similar matters, and they shall be without prejudice to either the position of the Company or the Union on the issues raised.

 

Back to Table of Contents