B.
DISCIPLINE AND DISCHARGE GRIEVANCES
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. |
