A. SYSTEM BOARD OF ADJUSTMENT

In compliance with Section 204, Title II of the Railway Labor Act, as amended, there is hereby established a System Board of Adjustment for the purpose of adjusting and deciding disputes which may arise under the terms of this Agreement, including any amendments or additions to it, and which are properly submitted to the Board. This Board shall be known as the "America West Airlines Flight Attendants System Board of Adjustment" ("the Board").

B. COMPOSITION OF THE BOARD

1. The Board shall consist of four (4) members, two (2) appointed by the Union and two (2) appointed by the Company. The Union and Company shall each designate one or more alternates, and in the event of unavailability of a Board Member, an alternate of that party shall act as a replacement Board Member. Written notification of designated Board Members and alternates shall be provided to the other party.
2. The four (4) members, appointed pursuant to Paragraph B.1 above, shall serve for one (1) year from the date of their appointment, or until their successors have been appointed. Vacancies in the membership of the Board shall be filled in the same manner as the original Board.
3. Within thirty (30) days of the selection of the original Board members, the Board shall designate one (1) of its members to act as Chairperson and one (1) to act as Vice Chairperson. Each officer so selected shall serve for one (1) year or until a successor has been duly appointed. The office of the Chairperson shall be filled and held alternately by an Union member of the Board and by a Company member of the Board. When an Union member is Chairperson, a Company member shall be Vice Chairperson, and vice versa. The Chairperson or, in the absence of the Chairperson, the Vice Chairperson shall preside at meetings of the Four (4) Member Board and at hearings and shall have a vote in connection with all actions taken by the Board.

   The Board shall meet as often as its case load requires in the city where the General Offices of America West Airlines, Inc., are maintained (unless a different place of meeting is mutually agreed upon by the Board).

1. The Board shall have jurisdiction over disputes between any Flight Attendant covered by this Agreement and the Company, which result from grievances (discipline or contractual), or from the interpretation or application of any of the terms of this Agreement.
2. The jurisdiction of the Board shall not extend to proposed changes in hours of employment, rates of compensation or working conditions covered by existing agreements between the parties to this Agreement.
3. The Four (4) Member Board shall consider any dispute properly submitted to it by the President of the Union or by the Company when such dispute has not been previously settled in accordance with the terms provided for in this Agreement.
4. The Four (4) Member Board shall have jurisdiction to hear any dispute properly submitted to it as provided in Paragraph C.3., above, and to decide said dispute by majority vote. Decisions of the Board so composed shall be final and binding on the parties and shall be rendered no later than thirty (30) days after the close of the hearing.
5. The Four (4) Member Board may by a majority vote call such witnesses and receive such evidence as it deems necessary. Either party may present witnesses or documentary evidence to the Board.

   The number of witnesses summoned at any one time shall not be greater than the number that can be spared from the operation without interfering with the services of the Company.

1. All disputes properly referred to the Board for consideration shall be addressed to the Chairperson. Five (5) copies of each submission shall be forwarded to the Chairperson, who shall promptly transmit one (1) copy thereof to each member of the Board. Each case submitted in writing to the Board shall include:
   1. The question or questions at issue.
   2. A statement of facts.
   3. The position of the employee(s).
   4. The position of Company.
2. When possible, a joint submission should be made, but if the parties are unable to agree upon a joint submission, then either party may submit the dispute and its position to the Board. No matter shall be considered by the Board which has not first been handled pursuant to the terms of this Agreement.
3. Upon receipt of notice of the submission of a dispute, the Board Members, in consultation with the Chairperson, shall mutually set a date for hearing. The Chairperson shall give the necessary notices in writing of such meeting to the Board members and to the parties to the dispute.
4. Flight Attendants covered by this Agreement may be represented at Board hearings by a person or persons the Union may designate or as they may choose and designate, with the approval of the Union. The Company may be represented by such person or persons as it may designate. Evidence may be presented either orally, in writing, or both. Members of the Board and the parties to this Agreement shall have the right to call witnesses to testify before the Board, pursuant to the provisions of Paragraph C.5., above, and to cross-examine witnesses called by the other party or by the Board.
5. A majority vote of all members of the Board shall be competent to make a decision.
6. Decisions of the Board in all cases properly referred to it shall be final and binding upon the parties.
7. If the hearing in a dispute properly submitted to the Board has commenced; and the Board is then composed solely of the two (2) Board members appointed by the Company and the two (2) Board members appointed by the Union, or their respective alternates; and the Board is unable by majority vote to decide a dispute before it, the Board shall declare itself deadlocked. In this event, the parties shall select a Neutral to serve as a fifth (5th) member of the Board, from the panel established in the manner specified in Subsection E., below. In the event the Board has failed to decide the dispute before it or declare itself deadlocked within thirty (30) days after the issue has been heard by the Board, then the Board shall be deemed to be deadlocked for the purposes of this Paragraph and the dispute shall be referred to Five (5) Member Board. The neutral member shall serve as the Board Chairperson in the subsequent hearing and disposition of the dispute over which the Company and the Union Board members deadlocked.

1. When it is necessary that a neutral member sit with the Board, the neutral member shall be selected from a panel in the manner set forth herein.
2. A panel of seven (7) neutrals is hereby established and the parties shall confirm their selection of neutral members in a sideletter to this Agreement. When it is necessary that a Neutral sit with the Board as a member, the parties, or their representatives, shall alternately strike names from the selected panel with the remaining name being the mutually chosen Neutral. The parties shall alternate the right to first strike the name from the selected panel. If, for any reason, the Neutral chosen is unable to serve the last name stricken shall serve as the Neutral member.
3. It is further understood that by mutual agreement the parties can choose a Neutral other than the seven (7) named above to sit as Board member on any matter before the Board.

   4. The members of the panel selected in accordance with Paragraph E.2., above, shall serve until removed by both or either party. The parties may remove a neutral at any time by mutual agreement. Either party may remove a neutral unilaterally provided the neutral shall have served at least one (1) year as a member of the panel and shall have heard and decided at least one (1) case. Once a neutral has been selected to hear and decide a case, a single party may not remove such neutral until such case has been heard and decided. In the event that a party elects to remove a neutral, that party shall provide the other within thirty (30) days written notice of its intent. In such event, the parties shall immediately confer and by mutual agreement, name a replacement. If the parties are unable to agree upon a replacement before the expiration of the thirty (30) day period, either party may request that the National Mediation Board provide a panel of seven (7) potential members, all of whom shall be members of the National Academy of Arbitrators, and the replacement shall be selected by the parties alternately striking names until only one (1) remains. The parties may mutually agree in writing to extend the thirty (30) day period for selecting a replacement before petitioning the National Mediation Board for a list of names.

1. The expenses and reasonable compensation of any Neutral who serves on the Board shall be borne equally by the Company and the Union.
2. The time limits specified in this Section may be extended by mutual written agreement of the Company and the Union.
3. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the Flight Attendant of the Company, or their representatives, under the provisions of the Railway Labor Act, as amended.
4. The Board shall maintain a complete record of all matters submitted to it for its consideration.
5. Each of the parties will assume the compensation, travel expense and other expenses of the Board members selected by them.
6. Each of the parties will assume the compensation, travel expense and other expenses of the witnesses called or summoned by it. Grievant(s), witnesses, and representative(s) who are employees of the Company shall receive the highest priority space available passes over the lines of the Company from the point of duty or assignment to the point at which they must appear as witnesses and return.
7. The Chairperson and Vice Chairperson, designated pursuant to Paragraph B.3., above, acting jointly, shall have the authority to incur such other expenses as they deem necessary to conduct the business of the Board, and such expenses shall be borne one-half (½) by each of the parties hereto. Board members who are employees of the Company shall be granted necessary time for the performance of their duties as Board members. Board members shall be furnished the highest priority space available passes over the lines of the Company for the purpose of attending meetings of the Board.
8. It is understood and agreed that each and every Board member shall be free to discharge her/his duty in an independent manner, without fear that her/his individual relations with the Union, the Company or its employees may be affected in any manner by any action taken in her/his capacity as a Board member.
9. The Board shall have the authority for the administration and interpretation of this Section of the Agreement. In the event the Board cannot agree on the administration or interpretation of this Section, they shall refer the matter to a Neutral pursuant to Paragraph D.7, above.
10. Unless otherwise mutually agreed to by the Company and the Union, hearings before the Five (5) Member Board shall be transcribed and the cost of such transcription shall be borne equally by the Company and the Union.
11. Each case presented to the Board will be heard individually except that grievances involving the same set of facts, or involving progressive discipline of the same individual, may be consolidated.