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Discipline and Discharge of Grievances


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.



 

 


MEC Grievance
Committee Chair

Robin Agee

grievance@afa66.org

 



LEC Grievance
Committee Chair

Deborah Breazeale

grievance@afa66.org


System Board Members

Ralph Huerta
Gene Labat
Vicki Lewis
Karen Richardson


The Grievance Committee is composed of members who assist and represent their fellow flying partners. The Committee's primary responsibility is to provide representation to our members in mandatory meetings with US Airways West.  We also provide advise on contractual issues as well as the filing of grievances.  It is important to remember to call the Grievance Hotline as soon as possible after stetting up the time and date of your meeting with the Company.  We do request that you give at least 48 hours notice to the Hotline prior to your meeting as to allow for the assigning of a Grievance Representative.
 


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