Section 24 - System Board of Adjustment

In compliance with Section 204, Title II of the Railway Labor Act, as amended, there is hereby established a System Board of Adjustment for the purpose of adjusting and deciding disputes or grievances which may arise under the terms of this Agreement and any amendments or additions thereto, and which are properly submitted to it after all steps for settling disputes and grievances as set forth in Section 23 have been exhausted.

24.B. MEMBERSHIP

24.B.1.

The System Board of Adjustment shall consist of three (3) members, one selected by the Company, one selected by the Union, and a neutral arbitrator selected from a panel of at least thirteen (13) eleven (11) arbitrators, such panel to be hereafter agreed to by the parties hereto as specified in Paragraph E. below. By mutual agreement of the parties, the services of one of the arbitrators on said panel may be requested immediately for any case appealed to the Board.

24.B.2.

Notwithstanding Paragraph B.1. above, on a case by case basis of particular importance, with the mutual consent of the parties which shall not be unreasonably withheld, the System Board of Adjustment may consist of five (5) members, consisting of the neutral arbitrator and two (2) selected by the Union and two (2) selected by the Company.

24.C. JURISDICTION

The Board shall have jurisdiction over disputes between any employee or the Union and the Company and between the Company and the Union or any employee growing out of grievances or out of interpretation or application of any of the terms of this Agreement. The jurisdiction of the Board shall not extend to proposed changes in hours of employment, basic rates of compensation or working conditions covered by this Agreement or any amendment thereto.

24.D. CONSIDERATION OF DISPUTES

The Board shall consider any dispute properly submitted to it by an employee covered by this Agreement, by the President of the Union or by the Senior Vice President, Inflight, of the Company when such dispute has not been previously settled in accordance with the terms provided for in this Agreement, provided that the dispute is filed with the Board within thirty (30) days after the procedure provided for in Section 23 of this Agreement has been exhausted. If a dispute is not filed within such time, the action of the Company or Union shall become final and binding.

24.E. SELECTION OF ARBITRATORS

24.E.1.

The Parties shall name a panel of at least thirteen eleven potential referees for the purpose of disposing of cases in deadlock before the Flight Attendant System Board of Adjustment and establish a procedure for filling vacancies on the panel and for selection of a referee therefrom within sixty (60) days of reaching an agreement.

24.E.2. PROVISIONS OF REFEREES

The parties hereto shall jointly notify all members of the panel, original selectees or their replacement, of their selection, informing them of the nature of their duties, the parties to the Agreement and shall inquire and obtain their consent to serve as such panel member and shall also ascertain the fees and charges of such panel member, and such panel members shall not be considered eligible as panel members until their fees and charges are approved by the parties hereto.

24.E.3.

The parties shall agree, if necessary, to renegotiate the panel of arbitrators every two years on a yearly basis. The negotiations will occur and conclude during the first week of July prior to the potential change to the panel September. The panel will remain intact for two calendar years one calendar year, provided that any member who is then acting as an arbitrator in any case or cases pending before the System Board of Adjustment at the end of two-year term a calendar year and is subsequently removed from the panel, shall be permitted to serve until the completion of such case or cases. During the two-year term calendar year either party may remove an arbitrator from the panel with notice to the other party, with the understanding that the arbitrator shall be permitted to conclude any outstanding case(s).

24.E.4.

Vacancies in the membership of the Board shall be filled in the same manner as is provided herein for the selection and appointment of the original members of the Board.

24.F. SCHEDULE OF HEARING DATES

24.F.1.

Cases shall be scheduled for hearing on eighty-eight (880) days during the System Board calendar year. The hearings shall be scheduled during one week each month for a total of sixty (60) days. The additional twenty-eight (280) days of hearings shall be scheduled during the year, seven (7) five (5) days per quarter as agreed to by the parties. System Board hearings shall be held at the Company’s headquarters, unless otherwise agreed by the Board. If a scheduled arbitration or mediation day(s) is cancelled or postponed unilaterally, without good cause or settlement of the grievance(s), and before the hearing or mediation begins, the non-cancelling party shall have the right to require the same number of arbitration or mediation days, as applicable, be restored in the same System Board calendar year, to the extent practicable. Additional days of arbitration or mediation may be scheduled by the parties through mutual agreement.

24.F.2.

At the beginning of each calendar quarter, the Union shall notify the Company of the proposed grievances to be heard in the next calendar quarter. Not less than sixty (60) days prior to the desired hearing date, the Union shall notify the Company of the grievance to be heard. Designation of the cases to be heard shall be subject to Company concurrence, which shall not be unreasonably withheld. If the parties are unable to agree upon the scheduling of cases, the matter will be referred to the MEC President and the Vice President, Labor Relations, of the Company for resolution, who will have seven (7) days to resolve the dispute. If the parties are still unable to agree upon a schedule of cases, the parties shall schedule cases on an alternating basis, with the Union selecting a case from the docket for the first date and the Company selecting the case for the next date and so forth. In any event, the calendar must be set no later than forty-five (45) days prior to the hearing date.

24.F.3.

The time limits specified may be extended (modified) by mutual agreement of the parties to this Agreement.

24.G. SUBMISSIONS

24.G.1.

All disputes properly referred to the Board for consideration shall include a copy of all papers and exhibits and shall be served on the other party. Each case submitted shall show:

24.G.1.a.

Question or questions at issue.

24.G.1.b.

Statement of facts.

24.G.1.c.

Position of employee or employees.

24.G.1.d.

Position of Company.

24.G.2.

When possible, joint submissions should be made, but if the parties are unable to agree with a joint submission then either party may submit the dispute and its position to the Board. No matter shall be considered by the Board which has not first been handled in accordance with the appeal provisions of this Agreement.

24.H. REPRESENTATIVES/WITNESSES

24.H.1.

Employees covered by this Agreement may be represented at Board hearings by such person(s) as they may choose and designate and the Company may be represented by such person(s) as it may choose and designate. Evidence may be presented either orally or in writing or both. Any witness testifying orally or by deposition may be required to testify under oath at the request of either party.

24.H.2.

On request of individual members of the Board, the Board may, by majority vote, or shall at the request of either the Union members or the Company members thereon, summon any witnesses who are employed by the Company and who may be deemed necessary by the parties to the dispute, or by either party, or by the Board itself, or by either group of members constituting the Board.

24.H.3.

The number of witnesses summoned at any one time shall not be greater than the number which can be spared from the operation without interference with the services of the Company.

24.H.4.

Either party may make written request to the Board for the privilege of presenting additional witnesses or documentary evidence, and the Board, with the referee, may at their discretion, permit such presentations. The decision of the Board shall be rendered within ten (10) days after consideration and review or after the close of any further hearing, and a majority vote of the members of the Board, including the referee, shall be necessary to reach such decision, which shall be final and binding upon the parties hereto.

24.I. MAJORITY RULE

A majority vote of all members of the Board shall be competent to make a decision.

24.J. EFFECT OF DECISIONS

Decisions of the Board in all cases properly referable to it shall be final and binding upon the parties thereto.

24.K. RIGHTS UNDER RAILWAY LABOR ACT

Nothing herein shall be construed to limit, restrict, or abridge the right or privileges accorded either to the employees or to the Company, or to their duly accredited representatives, under the provisions of the Railway Labor Act, as amended.

24.L. MAINTENANCE OF RECORDS

The Board shall maintain a complete record of all matters submitted to it for its consideration and of all findings and decisions made by it.

24.M. ARBITRATORS EXPENSES

The expenses and reasonable compensation of the referee arbitrator selected as provided herein shall be borne equally by the parties hereto.

24.N. BOARD MEMBERS EXPENSES

Each party will assume the compensation, travel expense and other expenses of the Board members selected by it.

24.O. WITNESS EXPENSES

Each of the parties hereto will assume the compensation, travel expense and other expenses of the witnesses called or summoned by it. Witnesses who are employees/retirees of the Company shall receive free contingent air transportation on the Company’s system from the point of duty, or assignment, or home to the point at which they must appear as witnesses and return, to the extent permitted by law.

24.P. JOINT EXPENSES

The Board shall have the authority to incur such other expenses as in their judgment may be deemed necessary for the proper conduct of the business of the Board and such expenses shall be borne one-half (1/2) by each of the parties hereto. Board members who are employees of the Company shall be granted necessary leaves of absence for the performance of their duties as Board members. Board members shall be furnished non-revenue positive space (NRPS) transportation on the Company’s system for the purpose of attending meetings of the Board.

24.Q. INDEPENDENCE OF BOARD MEMBERS

It is understood and agreed that each and every Board member shall be free to discharge their her/his duty in an independent manner, without fear that individual relations with the Company or with the Union may be affected in any manner by any action taken in good faith in their her/his capacity as a Board member.

24.R. EXPEDITED ARBITRATION

24.R.1.

Expedited arbitration is an abbreviated hearing before the UAL/AFA System Board of Adjustment that is part of the regular System Board calendar which will be designed as an Expedited Arbitration Board of Adjustment (hereinafter “Board”) 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, but will be without precedent and/or prejudice to any other dispute, grievance, or System Board hearing.

24.R.1.a.

When the parties meet at the beginning of a quarter under the provisions of paragraph 24.F.2., above, they will also discuss if there are cases which will, by mutual agreement, be scheduled for Expedited Arbitration in the next quarter.

24.R.1.b.

When dates scheduled for traditional Arbitration are cancelled, the parties will make reasonable effort to use those dates for Expedited Arbitration provided that both parties have a minimum of twenty (20) days advance notice.

24.R.1.c.

At the conclusion of each day of Expedited Arbitration, the Board shall issue a written award (without a written opinion) no later than at the conclusion of said day, for each case heard during that day. Awards issued by the Expedited Arbitration shall not establish precedent and will not be used or referred to in the future by either party in any other proceedings except to enforce the terms of the award.

24.R.1.d.

Each party agrees to waive its right to traditional arbitration by submitting a case to Expedited Arbitration.

24.R.1.e.

Each party shall be represented by any one person that it may choose and designate, and each party shall be limited to one other person to testify. Such testimony may be provided in person, by telephone or by other electronic means (ex. “Zoom”).

24.R.1.f.

Each party shall inform the other party, in writing (stating name and case number), of the identify of its witness, if any, who will testify at least ten (10) working days prior to the date of the case is to be heard. Such notice will specify for reach such person whether they will offer testimony in person, by telephone or by other electronic means.

24.R.1.g.

Each party will provide to the other party a written statement of the issue(s), its position on the issue(s), and a list of material facts it believes to be in dispute to the other party at least ten (10) working days prior to the date the case is scheduled to be heard. Each party shall thereafter provide copies of all exhibits, documents, System Board awards and decisions, and any other arbitral precedent or treatise materials it intends to submit into evidence or refer to in the proceedings to the other party at least five (5) working days prior to the date the case is to be heard.

24.R.1.h.

Each party shall have no more than sixty (60) minutes to present its case. This sixty (60) minute period shall include the party’s opening statement (if one is desired), the direct examination of its own witness, and the cross-examination of the other party’s witness, rebuttal and closing. All documentary evidence must be submitted by the parties within the time set forth in this paragraph.

24.R.1.i.

Once either party has presented evidence in support of its case, there will be no adjournments or postponements of the hearing. However, once both parties have presented their cases in chief, there will be a ten minute (:10) recess for the parties to consider the presentation of rebuttal evidence. The ten minute (:10) recess wll not count against either parties time limits under Paragraph 24.R.1.h., above.

24.R.1.j.

The time, date and location of the hearing must be agreed to by the parties.

24.R.1.k.

The Board is prohibited from calling any additional witnesses, except those witnesses so designated in Paragraphs 24.R.1.e. and 24.R.1.f. above, to testify in the proceedings.

24.R.1.l.

There shall be no transcripts or electronic records made of the proceedings.

24.R.1.m.

Nothing in this Agreement shall prevent the parties from mutually agreeing to waive the time provisions in Paragraphs 24.R.1.f, 24.R.1.g. and 24.R.1.h., above, nor from mutually agreeing to expand the number of witnesses that may testify under paragraph 24.R.1.e., above.

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