SECTION 22
PERSONNEL FILES
22.A.1.
Flight Attendant records shall be maintained by Company personnel/departments as designated by the Company.
22.A.2.
Flight Attendants are responsible for updating Company-required information in their records.
22.A.3.
The Company shall ensure that access to Flight Attendant records is limited to authorized persons. Records indicating the protected categories outlined in Section 3.S., Nondiscrimination, shall only be disclosed to the extent necessary for business purposes.
22.A.4.
To the extent possible, the Company shall make an effort to convert all Flight Attendant records to electronic media, and to make an individual Flight Attendant’s records accessible to them her/him via electronic means.
22.A.5.
Upon a Flight Attendant’s request, the Company shall make the Flight Attendant’s records available for inspection by them her/him at a mutually agreeable time. With the Flight Attendant’s written authorization, their her/his Union representative or another designee (who shall be a Company employee) may conduct the inspection. Upon request, and to the extent possible, the Company shall provide a Flight Attendant with a hard copy of their her/his records.
22.B.1.
The Company shall maintain a Flight Attendant’s personnel file in the Flight Attendant’s Base. Personnel files shall be maintained in a secure manner.
22.B.2.
The Company shall not place an adverse document in a Flight Attendant’s personnel file more than thirty (30) days following receipt by the Company. Prior to placing an adverse document in a Flight Attendant’s personnel file, the Company shall notify them her/him, and provide an opportunity to attach relevant comments.
22.C.1.
When the Company receives a written compliment, if the person writing the compliment is reporting firsthand experience, complimentary letter and the Flight Attendant who is the subject of the compliment is clearly identified, the Company will notify them her/him and place the written compliment letter in their her/his personnel file.
22.C.2.
The Company shall not place a complaint report into a Flight Attendant’s personnel file unless the following conditions are met:
22.C.2.a.
The Flight Attendant who is the subject of the complaint is clearly identified; and
22.C.2.b.
The report complains about events or matters over which the Flight Attendant had control; and
22.C.2.c.
The Flight Attendant is notified of the complaint report, and provided an opportunity to review an unredacted original copy of the complaint and attach relevant comments. For the purpose of this paragraph, the Company may only remove contact information, such as the address, phone number, or email address; and
22.C.2.d.
The name of the person writing such a report or letter is clearly identified.
22.C.3.
All written compliments complimentary and written complaints letters will be removed at the first opportunity from the Flight Attendant’s file after a period of twelve (12) months of active service from the date of their receipt, provided there have been no other written complaint letters during that period. In the event other written complaints letters are received at any time during the twelve (12) months, the complaints letters will be retained in the file until such time that there is a twelve (12) month period of active service with no written complaints letters received. In the event discipline is imposed, the written complaint(s) letter(s) used as a basis for the discipline will remain in the Flight Attendant’s personnel file for the duration of the discipline.
22.D. DISCIPLINARY RECORDS
22.D.1.
The effective date of an Attendance Warning is the date of the triggering point occurrence. The effective date of a Performance Warning is the date of issuance of the Warning.
22.D.2.
For attendance disciplinary actions, the following levels of discipline will remain in effect for the corresponding periods of time, unless the Flight Attendant is progressed to a higher level:
Level of Discipline
Remains in Effect
Attendance Warning 1
12 months of active service
Attendance Warning 2
12 months of active service
Attendance Warning 3
18 months of active service
Attendance Warning 4
24 months of active service
Discharge
22.D.3.
For performance disciplinary actions, the following levels of discipline will remain in effect for the corresponding periods of time, unless the Flight Attendant is progressed to a higher level:
Level of Discipline
Remains in Effect
Performance Warning 1
12 months of active service
Performance Warning 2
18 months of active service
Performance Warning 3
18 months of active service
Performance Warning 4
24 months of active service
Discharge
22.D.1.
A point system will apply to attendance and dependability occurrences as set forth herein. The following occurrences shall generate the following points:
Illness/Injury:
Over 6 days
2
6 days or less, with no physician’s note
2
6 days or less, with physician’s note
1.5
Did Not Fly (DNF)
3
Missed meeting or training
2
Late boarding
1.5
Late check-in
1
22.D.2.
A “physician’s note” as used herein means a written notation from the Flight Attendant’s treating physician, or a physician affiliated with United Medical that contains:
22.D.2.a.
Date of illness or injury;
22.D.2.b.
Date of examination;
22.D.2.c.
Date of return to work; and
22.D.2.d.
Signature of the physician or physician’s designee on a document that contains, at a minimum, the physician’s printed name, work address and work telephone number. On or before the Flight Attendant’s next scheduled pairing, the Flight Attendant must give the physician’s note to their supervisor, not to United Medical.
22.D.3.
If a Flight Attendant incurs a DNF, and 1) picks up a pairing that departs on the same day as the missed pairing, and 2) secures the assignment while physically present at the departure airport of the missed pairing, the point assessment will be 2.5 not 3.
22.D.4.
Occupational injury or illness occurrences will not generate attendance points.
22.D.5.
Special circumstances will be handled on an individual basis at the sole discretion of the Company.
22.D.6.
Time off pursuant to the Agreement and/or Company policy is exempt from point assessment.
22.D.7.
The method of notifying a Flight Attendant of a point generating occurrence other than an injury/illness absence shall be by electronic notice to the Flight Attendant. Injury/illness absences and related points shall be posted to a Flight Attendant’s Work History without notice to the Flight Attendant.
22.D.8.
It shall be the responsibility of the Flight Attendant to know the status of their point accumulation. Upon request, the Company shall provide to the Flight Attendant their current point status electronically or on paper pursuant to Section 3.J. of the Agreement. A Flight Attendant is at all times free to contact their supervisor regarding point accumulation or assessment.
22.D.9.
Points will accumulate for occurrences even if Attendance Warnings or notices of point-generating occurrences have not been sent or received.
22.D.10.
If a point(s) assessment is deemed unjustified in whole or in part, the Company shall correct the record and adjust any discipline imposed as a consequence of the unjustified point assessment.
22.D.11.
Unless a Flight Attendant is in Attendance Track discipline, points will be deducted from the Flight Attendant’s accumulation point total twelve (12) months after the occurrence for which the points were assessed.
Progressive discipline under the Working Together Guidelines shall operate on two (2) separate tracks, an attendance Track and a Performance Track for all Working Together Guidelines violations subject to progressive discipline. These two (2) tracks merge as set forth below in Paragraph E.3. The effective date of an Attendance Warning is the date of the triggering point occurrence. The effective date of a Performance Warning is the date of issuance of the Warning.
22.E.1.
The Attendance Track shall operate as follows:
22.E.1.a.
Attendance Track progressive discipline steps:
22.E.1.a.1.
Attendance Warning 1: A Flight Attendant will be assessed an Attendance Warning 1 if they accumulate 6 or more points in a rolling 12.month period. The Warning 1 will remain in effect for a maximum duration of 12 months of active service at which time it will be cleared from the record unless the Flight Attendant progresses to Attendance Warning 2.
22.E.1.a.2.
Attendance Warning 2: A Flight Attendant will be assessed an Attendance Warning 2 if they accumulate 12 or more points. Points that trigger the Attendance Warning 1 count toward this 12.point threshold. The Attendance Warning 2 will remain in effect for a maximum duration of 12 months of active service at which time Attendance Warnings 1 and 2 will be cleared from the record unless the Flight Attendant progresses to Attendance Warning 3.
22.E.1.a.3.
Attendance Warning 3: A Flight Attendant will be assessed an Attendance Warning 3 if they accumulate 18 or more points. Points that trigger the Attendance Warning 1.2 count toward this 18.point threshold. The Attendance Warning 3 will remain in effect for a maximum duration of 18 months of active service at which time the Attendance Warnings 1.3 will be cleared from the record unless the Flight Attendant progresses to Attendance Warning 4.
22.E.1.a.4.
Attendance Warning 4: A Flight Attendant will be assessed an Attendance Warning 4 if they accumulate 24 or more points. Points that triggered the Attendance Warnings 1.3 count towards this 24.point threshold. The Attendance Warning 4 will remain in effect for a maximum duration of 24 months of active service at which time Attendance Warnings 1.4 will be cleared from the record unless the Flight Attendant progresses to Discharge.
22.E.1.a.5.
Discharge: A Flight Attendant will be subject to discharge if they accumulate 30 or more points. Points that triggered the Attendance Warnings 1.4 count toward this 30.point threshold. Section 23.F. applies to discharges.
22.E.1.b.
A Flight Attendant whose Attendance Track discipline expires shall exit the Attendance Track with zero points.
22.E.2.
The Performance Track applies to all progressive discipline issued pursuant to certain Working Together Guidelines and Company policies and procedures expect for those covered under the Attendance Track. The Performance Track shall be as follows:
22.E.2.a.
Performance Track progressive discipline:
22.E.2.a.1.
Performance Warning 1: A maximum duration of 12 months of active service from the date of issuance unless progressed to a higher level.
22.E.2.a.2.
Note: Performance Warning 2 duration of 12 months (down from 18 months)
Performance Warning 2: A maximum duration of 12 months of active service from date of issuance unless progressed to a higher level.
22.E.2.a.3.
Performance Warning 3: A maximum duration of 18 months of active service from date of issuance unless progressed to a higher level.
22.E.2.a.4.
Performance Warning 4: A maximum duration of 24 months of active service from date of issuance unless progressed to Discharge.
22.E.2.b.
The Union’s agreement to the Performance Track shall not be construed as agreement with the application of the Working Together Guidelines to any individual case.
22.E.3.
A Flight Attendant cannot simultaneously be on a Attendance Warning 4 and a Performance Warning 4. If an occurrence, event or combination of occurrences and/or events would result in a combined Attendance Warning 4 and Performance Warning 4, that occurrence, event and/or combination of events instead triggers a discharge investigation.
22.F.
Written compliments and written complaints Complimentary, complaint or disciplinary letters that are no longer in effect under the provisions of Paragraphs 22.C. above, will be considered to have expired. If a Flight Attendant requests that an expired letter(s) be removed from their her/his personnel file, all expired letters will be removed and returned to the Flight Attendant.
22.G.
Note: Counselings removed after 1 year (down from 2 years)
The Company will consider any notations of non-disciplinary discussions regarding dependability or job performance as cleared from a Flight Attendant’s record after a one (1) two (2) year period of active service from the date of issuance, provided that no disciplinary action or further notations have been issued during that period.