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

_____________________________

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.