Section 23 - Investigations & Grievances

SECTION 23

INVESTIGATIONS & GRIEVANCES

23.A. INVESTIGATIONS 

23.A.1. 

When the Company conducts an investigation which may lead to disciplinary action or discharge, the Flight Attendant shall be entitled to Union representation, if reasonably available (or representation by another employee if requested by the Flight Attendant)., and The Flight Attendant and/or Union will be allowed an opportunity to present information relevant to the investigation. In addition, if more than one (1) management representative is present, the Flight Attendant shall be informed of their right to have a Union representative in attendance.

23.A.2. 

In the event of any action or inaction by a Flight Attendant that may reasonably lead to discharge, the Flight Attendant shall be notified in writing, by way of a Letter of Investigation (LOI) of the precise charge or charges being investigated, the Flight Attendant’s right to have a Union representative or other employee present during any meetings to discuss the allegation(s) charges, and the Flight Attendant’s right to respond to the charge(s) and present information relevant to the investigation. Once the Flight Attendant has received the notification in writing, no less than forty-eight (48) hours will generally be allowed before the investigatory meeting except in the case of a suitcase search, or if the Flight Attendant is in an investigation and raises an issue that may be terminable, or if issuing the LOI in advance could compromise the investigation. 

23.A.2.a. 

The Company shall schedule an investigatory meeting to be held within ten (10) days of the notification in writing. At the Flight Attendant’s request, if necessary for the Flight Attendant to secure the presence of a Union representative, witnesses and/or information to respond to the charge(s), the meeting will be rescheduled, however the Flight Attendant must indicate the reason for the delay in writing at the time the request is made. Except by mutual agreement, the meeting shall not be rescheduled to later than fifteen (15) days after the initial notification in writing. If the Company schedules the investigatory meeting virtually then the participants to the virtual meeting will be limited to the grievant, two (2) AFA representatives, and two (2) Company representatives, unless otherwise agreed, with all attendees appearing on video. The meeting will not be recorded. At the Flight Attendant’s request, investigatory meetings will be held in person, so long as the meeting takes place within the time limits set forth above.

23.A.3. 

Prior to any investigatory meeting, the Flight Attendant and Union representative shall be provided with copies of all evidence, whether written, physical or electronic, documents, reports, statements or other information, including copies of scheduling audio tapes that the Company intends to use as a basis for questioning or disciplining a Flight Attendant. The Flight Attendant and Union representative will be provided with a reasonable period of time to review the evidence prior to the start of the investigatory meeting. 

23.A.4. 

At the outset of any investigatory meeting, the Company will verbally brief the Flight Attendant and the Union representative concerning the incident and allegation(s) charge(s) it is investigating. If, during the investigation, the Company becomes aware of other incidents or allegation(s) charge(s) to be investigated, it will not be prevented from investigating and taking action it considers appropriate; provided, however, that the Company notifies the Flight Attendant and the Union representative of its investigation of such other incidents or allegation(s) charge(s).

23.A.5.

A Flight Attendant may be held out of service (with pay, provided the Flight Attendant is otherwise qualified for duty) by the Company during its investigation of a matter which may lead to discipline or discharge. Flight Attendants will not be withheld from service for a period longer than fourteen (14) days.

23.A.6.

A Flight Attendant shall be notified of discipline or discharge decisions within fifteen (15) days after the initial investigatory meeting, but not later than as delineated in Paragraph 23.A.7. below, unless mutually agreed otherwise. Written confirmation of discipline or discharge through a Letter of Warning or Termination Letter shall be issued within seven (7) days after the Flight Attendant is notified, starting the day after the date of notification. A copy of all written discipline and discharge notices will be sent to the Local Union representative. 

23.A.7.

A Flight Attendant shall not normally be disciplined later than thirty (30) days from the time Inflight management has reasonable first knowledge of the incident giving rise to the discipline, starting the day after Inflight management has reasonable first knowledge. In the event a Flight Attendant requests to postpone an investigatory meeting, or is on leave of absence, furlough, sick leave, or vacation of more than fourteen (14) days, during this thirty (30) day period, such thirty (30) day period may be extended by a period equal to the length of the meeting postponement, leave of absence, furlough, sick leave, or vacation. 

23.A.8.

A Flight Attendant who has passed the probationary period shall not be disciplined or discharged without just cause. 

23.A.9.

A Flight Attendant who is disciplined or discharged may challenge that decision by filing an appeal grievance at Step 1, within thirty (30) days of notification of the decision, pursuant to Section 23.C.1. C.1. below. 

23.B. GRIEVANCE REPRESENTATION

23.B.1.

The Union will be represented by properly designated Local Executive Council (“LEC”) Presidents at each location on the system. LEC Presidents and their designees will be empowered to settle all local grievances or disputes not involving changes in policy or the intent and purposes of this Agreement, at the local Step 1 level. The Union will advise the Company, in writing, of the individuals who serve as authorized officials. The Union will advise the Senior Vice President, Inflight, or their designees, in writing, of the individuals who serve as LEC Presidents. The Union will be further represented by the MEC President and/or their her/his designee, who will be empowered to handle and settle grievances at all levels of the grievance procedure. 

23.B.2.

The Company will be represented at each location by one or more authorized officials who will be empowered to settle local grievances or disputes, but such settlement may not involve any change in the intent and purpose of this Agreement or Company Policy. The Company will advise the Union, in writing, of the individuals who serve as authorized officials. The Company will be further represented by at the Senior Vice President level for dealing with the MEC President, Inflight, or their her/his designated representative. No Company employee directly involved in the matter which gave rise to the grievance will sit as hearing officer at any step.

23.B.3.

The Union and the Company will, at all times, keep the other party advised, through written notice, of any change in authorized representatives. 

23.B.4.

The MEC President and/or their her/his designated representatives shall be permitted to enter any location on the Company’s system where employees under this Agreement are located for the purpose of representing such employees upon prior notification to the Company at that location. 

23.B.5.

All grievance representatives will be allowed free access and availability to all work areas within their respective areas of representation in order to conduct their business in a proper, efficient, and expedient manner. Grievance representatives will be allowed time off for purposes of investigating, presenting and adjusting grievances or to attend meetings provided for in this Agreement. 

23.C. MASTER EXECUTIVE COUNCIL GRIEVANCE PROCEDURE

23.C.1.

The procedure for presentation and adjustment of Master Executive Council (“MEC”) grievances that may arise between the Company and the Union with reference to interpretation or application of any provisions of this Agreement shall be as set forth below. Grievances must be filed promptly after the cause giving rise to the grievance is evident, and no grievance will be valid if not filed within thirty (30) days of the date the employee first knew or could reasonably be expected to have known of the grievance. 

23.C.1.a.

MEC Grievances relating to matters general in character may be submitted by the Union in writing to and discussed between the designated Company Vice President or designee and the MEC President or designee. The Company shall render a decision on the matter within fourteen (14) days after the grievance is submitted. 

23.C.2.

If a mutually satisfied resolution of the matter is not reached within fourteen (14) days after the grievance is submitted, then the matter may be appealed to the System Board of Adjustment. 

Step 1: Any employee having a complaint or grievance in connection with the application of this Agreement will discuss the matter with the immediate supervisor. If unable to secure satisfactory adjustment in this manner, the employee may present the grievance to the LEC President or her/his designees. If in the LEC President’s/designee’s opinion the complaint is justified, the written grievance may be filed on a prescribed form provided by the Company which shall include the grievant’s name(s), specific Section of the Contract allegedly violated or in dispute, remedy sought, date discussed with the supervisor and the grievant’s signature(s). The written grievance may be appealed to the Base Director/Manager who shall schedule a mutually agreeable hearing date in that Base within fourteen (14) days. The Base Director/Manager or her/ his designee(s) will make themselves available to the Union’s Base grievance representative(s) at least twice each calendar month for the purpose of scheduling such first level hearings. Normally such hearing shall be held within thirty (30) days of the date the appeal was filed. A decision in writing shall be rendered not later than thirty (30) days (ten [10] days for discharge cases) following the hearing.

Step 2: If the decision at Step 1 is not satisfactory, the LEC President may refer the matter to the MEC President, who may appeal the matter to the Senior Vice President, Inflight or one designated representative who must be at least Director level. The appeal must be made in writing within thirty (30) days after the Step 1 decision. The grievance must be presented at a hearing within thirty (30) days from the date of appeal to Step 2. The hearing will be consolidated with other pending appeals and will be conducted at one location, unless mutually agreed otherwise. A written decision will be rendered by the Company within thirty (30) days (ten [10] days for discharge cases) after adjournment of the hearing.

23.C.2.

If the Step 2 decision is not satisfactory to the MEC President or her/his designee, then the matter may be appealed to the System Board of Adjustment as provided in Section 24. provided, however, that any case may be submitted by either party for discussion between the Company’s Vice President, Labor Relations and the MEC President prior to being heard by the System Board. 

23.C.3. 

Notwithstanding the above, grievances relating to matters general in character which cannot be settled at the local level may be submitted by the Union in writing to and discussed between the designated Company Vice President and the MEC President or her/his designee. 

23.C.3.a. 

If a mutually satisfactory resolution of the matter is not reached within fourteen (14) days after the grievance is submitted, then the matter may be referred within seven (7) days to the President of the Company or her/his designated representative. 

23.C.3.b. 

If a mutually satisfactory resolution of the matter is not reached pursuant to the above steps, then within fourteen (14) days of the Company’s decision it may be appealed to the System Board of Adjustment in accordance with Section 24. 

23.C.3.c.

The Senior Vice President, Inflight and the MEC President or their designee(s) will meet twice each year, between March 1 and April 30, and between September 1 and October 30, for the purpose of attempting to settle all outstanding grievances then pending before the System Board. For those cases which are not settled, a means and schedule for final resolution will be set. The settlement conferences shall be conducted at a mutually agreed location.

23.D. GENERAL

23.D.1.

An employee may be suspended from the service of the Company pending a hearing, which shall be prompt, when the Company judges such action is justified by legitimate business reasons. Such action shall not be deemed a violation of this Section. 

23.D.1. 

The Union will be given a reasonable opportunity to secure the presence of necessary individual(s) to fairly conduct hearing and meetings required in connection with a grievance. If any necessary employee is based at other than the location where the hearing or meeting is to be held then such employee will be furnished free PS5B (or future equivalent) travel over Company lines to attend the hearing or meeting. 

23.D.2. 

The Company will not discriminate against any witness called to testify in any hearing or investigation under this Agreement.

23.D.3. 

Union representatives and necessary employee witnesses will be released from duty on a non-paid status. 

23.D.4. 

In assessing discipline, the Company will consider the gravity of the offense, seniority, and work record of the employee. 

23.D.5. 

At each step of the Grievance procedure, the Company and Union recognize a desire and need to handle grievances within the time limits set forth in this Section. It is further recognized that the Company or Union representative may request reasonable time limit extensions. 

23.D.6. 

The Union’s decision to withdraw grievances, not to process or appeal a grievance to the next step shall not in any way prejudice its position on the issues involved. The Company’s and Union’s decision to settle a grievance shall not prejudice their respective its positions on the issues involved. 

23.D.7. 

An employee may elect to have legal counsel present only at the System Board of Adjustment, and only after having signed a Union representation waiver. 

23.D.8. 

Notwithstanding any of the provisions of this Section, probationary Flight Attendants are not entitled to file grievances under this contract regarding discipline or discharges, nor shall such employees be entitled to challenge discipline or discharges taken against them. During the last ninety (90) days of the Flight Attendant’s probationary period, the Company, in taking any action regarding  a Flight Attendant on probation, shall consider any written recommendation which has been filed by the Union.

23.D.9. 

Any decision made during the grievance procedure which is not appealed within the time limits provided in the Agreement shall be final and binding, except by mutual agreement of the Company and the Union which will not be unreasonably withheld.

23.D.10. 

When grievances are filed alleging allege a scheduling violation(s) of the Agreement, the Company will provide to the Union all scheduling audio tapes, chats, reports, statements, or other material (whether physical or electronic) that will either confirm or deny the alleged scheduling violation(s). If, for any reason, a recorded conversation is missing, erased or is otherwise inaudible, a prompt review of the incident in question will be made by the Director of Crew Scheduling or designee upon written request from the respective Local President or designee. 

23.D.11. SETTLEMENT CONFERENCE 

Upon the request of either party, and not to exceed once per quarter, the Senior Vice President, Inflight and the MEC President or their designees will meet for the purpose of attempting to settle or withdraw all outstanding grievances then pending before the System Board. The parties may designate additional participants as they deem necessary. The settlement conferences shall be conducted at a mutually agreed location. Recognizing the mutual benefit of the Settlement Conference provision, the parties may mutually agree to engage the services of a neutral third (3rd) party chosen from the National Mediation Board (NMB) or the parties arbitration/mediation panel to assist in facilitating this process.

23.E. NON-DISCIPLINARY ACTIONS, CONTRACT MATTERS & COMPANY POLICIES

In order to enable the processes set forth in this Section to resolve disputes pertaining to non-disciplinary actions, contract matters and Company policies quickly and effectively, the following procedures will be utilized.

23. E.1. LOCALLY-BASED DISPUTE RESOLUTION PROCESS

23.E.1.a.

A group of Flight Attendants or a Flight Attendant who has an issue concerning any action of the Company which affects them her/him, except as may arise out of disciplinary action, and which the Flight Attendant(s) has not been able to resolve satisfactorily, may file a worksheet with the Union, setting forth the basis for the dispute within sixty (60) calendar days after the Flight Attendant(s) reasonably would have knowledge of the dispute.

23.E.1.b. 

The Union shall review and evaluate every worksheet. If the Union determines that a worksheet reports a potentially valid claim, the Union shall file a Notice of Dispute (“NOD”) with designated Company personnel within thirty (30) calendar days of receipt of the worksheet. A NOD will identify a dispute concerning an action by the Company, except as may arise from a disciplinary action. 

23.E.1.c. 

The filing of a NOD obligates the Company and Union to engage in local discussions, utilizing interest-based dispute resolution. Union and Company participants in these discussions will be trained in interest-based dispute resolution, and, to the maximum extent feasible, should bring relevant expertise to the NOD in terms of factual and subject-matter knowledge, and locale of work or representational assignment. The expectation is that the vast majority of NODs will be resolved during these discussions and within thirty (30) calendar days of filing.

23.E.1.d.

Within thirty (30) calendar days after the filing of a NOD, the participants in the dispute resolution discussions shall resolve the NOD or, if those efforts are unsuccessful, file a NOD Submission to the Dispute Resolution Committee, described below. The NOD Submission shall be a document jointly prepared by the primary dispute resolution participants that, at a minimum, contains a complete statement of relevant undisputed and disputed facts, the issues in dispute, and the impediments to resolution. 

23.E.2. DISPUTE RESOLUTION COMMITTEE 

23.E.2.a. 

The Dispute Resolution Committee (“DRC”) shall be composed of four (4) participants, two (2) appointed by the Union and two (2) by the Company. The mission and purpose of the DRC is to: 1) promote the prompt, effective and local resolution of disputes through the use of interest-based dispute resolution, and 2) preserve traditional arbitration primarily for the timely adjudication of discharge grievances and contractual disputes that have significant and widespread impact among Flight Attendants. The DRC shall meet at least twelve (12) times per year, but may meet more frequently if needed. Either the MEC President or the Senior Vice President of Inflight can request additional meetings when any case pending before the DRC is more than sixty (60) days old.

23.E.2.b. 

With respect to any NOD Submission, the DRC is empowered to: 1) resolve the NOD in whole or in part; 2) remand the NOD, in whole or in part, to the first-level dispute resolution participants for further local resolution efforts; 3) assign the NOD, in whole or in part, to expedited arbitration; 4) assign the NOD, in whole or in part, to traditional arbitration; or 5) where none of the previous options appear appropriate, escalate the NOD to the MEC Grievance Chair and the Vice President Labor Relations, or their designee(s). 

23.E.2.c. 

The DRC shall make decisions by majority vote of the whole committee. In the event of a tie vote, the grievance may be appealed to the System Board of Adjustment. The expectation is that NOD Submissions will be processed within sixty (60) days of receipt. 

23.E.2.d.(1).

Prior to each DRC meeting, the Union members of the DRC will review all NODs to be discussed at the upcoming meeting to determine whether the NOD reports a valid claim. Any NODs not meeting this criteria will not be discussed by DRC.

23.E.2.d.(2).

Prior to each DRC meeting, the Company members of the DRC will review all NODs to be discussed at the upcoming meeting to determine whether a violation(s) of the Agreement has occurred or is reoccurring. If so, the Company DRC will advise the local Company participant(s) to reengage in local discussions to resolve the issue. 

23.E.2.e. 

Prior to each DRC meeting, the Union members of the DRC shall provide the Company members of the DRC with a list of all NODs to be reviewed.

23.E.2.f.

When the DRC determines that a NOD is not a valid dispute under the terms of the Agreement, the DRC shall communicate its determination, along with the reason for the determination, to the Local Council and Base Leadership.

23.E.3. EXPEDITED ARBITRATION – MOVE TO SECTION 24.

Expedited arbitration is an abbreviated hearing before the UAL/AFA System Board of Adjustment that will be designated the Expedited Arbitration Board of Adjustment and that will be subject to rules and procedures jointly agreed to by the parties. Awards issued by an Expedited Arbitration Board of Adjustment panel will be final and binding,

23.E.3. BYPASS OF THE PROCESS 

The MEC Grievance Chair or Vice President Labor Relations or their her/his designee may decide that a NOD shall bypass the dispute resolution process contained herein where it is unlikely that that process will achieve a resolution, and proceed to Section 24 (System Board) of the Flight Attendant Agreement. This right shall be exercised only in cases of disputes having significant widespread impact on Flight Attendants and/or significant financial impact to the Company, and then only after a discussion between the MEC Grievance Chair and the Vice President Labor Relations or their her/his designee. 

23.E.4. NON-PRECEDENT AND NON-PREJUDICE 

All resolutions of NODs shall be without precedent and prejudice in regard to any other NOD, dispute, grievance, or System Board of Adjustment hearing unless: 1) the resolution clearly states in writing that it is precedent-setting, and 2) the resolution is signed by the MEC President on behalf of the Union and the Vice President Labor Relations on behalf of the Company, or their designee(s). 

23.E.5. DUTY TO RESOLVE DISPUTE RESOLUTION PROBLEMS 

If the Union or the Company receives credible information to the effect that the local dispute resolution process is experiencing problems in a locale or department, the parties will in good faith evaluate the situation and, if a problem exists, take appropriate action. The DRC is authorized to report such problems to the MEC President and the Managing Director/Director of Labor Relations. The MEC President and the Managing Director/Director of Labor Relations will meet to determine what actions will be taken to resolve the issue. 

23.E.6. 

The Union may bypass the process contained in this Paragraph E., Paragraphs 1 – 6, for grievances addressing a dispute over the system-wide application of the Agreement, by providing written notice from the MEC President to the Senior Vice President of Inflight Service in accordance with Section 23.c. Paragraph C.3. of this Section. 

23.E.7.

A Flight Attendant’s or a group of Flight Attendants’ right to retrospective relief shall not exceed sixty (60) days, except when a grievance is filed pursuant to above Section C. Paragraph C.3., in which case retrospective relief shall not exceed one hundred twenty (120) days.

23.E.8. 

In the settling of NODs, appeals, and grievances under this section, nothing shall preclude a monetary component of such settlement if such settlement is signed by the MEC President on behalf of the Union and the Managing Director, Labor Relations on behalf of the Company, or their designee(s). The Managing Director of Labor Relations and the Managing Director of Crew Scheduling, or their designees, will meet on a quarterly basis with the MEC President, or their designee(s) to discuss issues of concern related to Crew Scheduling.

23.F. Attendance And Dependability Point Values

23.F.1.

A point system will apply to attendance and dependability occurrences as set forth herein. The following occurrences shall generate the following points:

OCCURRENCE POINTS 

Illness/Injury: