SYSTEM BOARD OF ADJUSTMENT. Only grievances having to do with allegations that this Agreement has been violated, final warning, disciplinary suspensions, or discharges may be arbitrated. 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 which are properly submitted to it after exhausting the procedure for settling disputes, as set forth under Article 17.
A. The System Board of Adjustment shall consist of one (1) Referee selected by the parties from an ad-hoc panel of five (5) Referees. The Company and the Union shall agree to request an ad-hoc regional panel of five (5) Referees from the Federal Mediation & Conciliation Service which will be selected through alternate strikes by the parties. The party requesting arbitration shall make the first strike.
B. The foregoing notwithstanding, the parties may agree to select a Referee who is not selected from an ad-hoc panel to hear a case.
C. The Referee shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through the grievance procedure. The jurisdiction of the Referee shall not extend to proposed changes in hours of employment, basic rates of compensation, or working conditions covered by this Agreement or any amendment hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barred.
D. The Referee shall consider any dispute properly submitted to it according to the terms of the above-procedure, provided that Notice of Intention to Appeal is filed within thirty (30) days after the procedure provided for in Article 17 of this Agreement has been exhausted. If not filed within such period, the action of the Company or Union which was the subject of the grievance shall become final and binding. The Union shall determine the order for considering cases.
E. The Referee shall preside at hearings and shall be designated as Chairman of the System Board of Adjustment. It shall be the responsibility of the Chairman to guide the parties in the presentation of testimony, exhibits and arguments at hearings to the end that a fair, prompt and orderly hearing of the dispute is afforded.
F. The hearing shall take place in the city of the site of the grievance, unless a different place of meeting is agreed upon by the Company and the U...
SYSTEM BOARD OF ADJUSTMENT. A. Establishment 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 which may arise under the terms of the Agreement and which are properly submitted to it as set forth in Section 17 which Board will be known as the “CommutAir Flight Attendants' System Board of Adjustment” or the “Board.”
SYSTEM BOARD OF ADJUSTMENT. A. There are hereby established, pursuant to the provisions of the Railway Labor Act, as amended, boards of adjustment, called the Envoy System Board of Adjustment (the “Envoy System Board”).
B. The Envoy System Board will be composed of three (3) members, one (1) selected by the Company, one (1) selected by the Union and an impartial arbitrator jointly selected by the Parties. In the event the Parties are unable to agree on a selection of an arbitrator, either party may request the National Mediation Board to provide a list of seven (7) neutrals. The Parties will select one (1) neutral to serve as the third (3rd) member of the board by alternately striking names from the list submitted by the National Mediation Board, with the first strike being determined by the toss of a coin.
C. The Company or the Union will have the right to change its representative provided only that the designation of the representative for any particular dispute must be made prior to the start of the scheduled hearing, unless extenuating circumstances require a change.
D. The Envoy System Board will have jurisdiction only over disputes between the Company and the Union or any employee governed by this Agreement growing out of grievances involving interpretations or applications of this Agreement as well as discipline and discharge cases arising under this Agreement.
E. A dispute submitted to the Envoy System Board will be in the form of a request submitted by either party stating the position of the party submitting the grievance. Union submissions will be submitted to the Company’s Labor Relations Department and will be assigned a case number.
F. The Envoy System Board will docket cases for hearing based upon the chronological order such grievances are received unless agreed to otherwise, with hearings scheduled on dates mutually agreeable to the Company and CWA. The System Board hearings will generally be held in DFW unless a different location is agreed upon by the Board members.
G. The Board may summon any necessary witness(s) and relevant non-confidential records of the Company and the employee involved.
H. The advocates will exchange all documents they may enter and the names of witnesses they may call in their direct case no later than forty-five (45) calendar days prior to the date set for all Envoy System Board hearings. Upon mutual agreement, both Parties may waive the days for document exchange and witness names as listed above. Additionally, nothing shall prevent eithe...
SYSTEM BOARD OF ADJUSTMENT. A. Establishment and Purpose 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 which may arise under the terms of this Agreement and which are properly submitted to it. This Board shall be known as the Amerijet PFEs System Board of Adjustment.
B. Composition of the Board Each Board shall be composed of two (2) members: one selected by the Company and one selected by the Union.
1. The Company and Union members of the Board shall continue to serve until such time as the party selecting the member shall select a successor.
2. The Company and the Union members of the Board shall alternate as Chairman and Vice-Chairman of the Board on a yearly basis with the Chairman position being held by the Union member in odd-numbered years.
C. Jurisdiction of the Board/Arbitrator The Board and/or arbitrator shall have jurisdiction only over any dispute which arises out of a grievance concerning either (1) discipline (including disqualification or discharge) or the grievant(s), or (2) an alleged breach of the terms of this Agreement, including an interpretation or application of any of the terms of this Agreement, as it affects the grievant(s) (which may include the Company or the Union), when such a grievance has been processed pursuant to the procedures set out in this Agreement.
1. Neither the Board nor the arbitrator may modify the terms of this Agreement or any other Agreement between the Company and the Union.
2. Every grievance, except a grievance protesting the discharge of a PFE by the Company, shall be heard first by a two-person Board, unless the Company and the Union agree to have the dispute heard directly by the neutral arbitrator, alone.
3. An appeal protesting the discharge of a PFE by the Company shall be heard by a three-person Board of Arbitration unless the Company and Union mutually agree to have the dispute heard by a two-person Board.
4. Board hearings, except for discharge cases and PFEs on furlough, shall be conducted at the Company Headquarters, unless the Company and the Union agree to an alternate location. In the case of a discharged or furloughed PFE, the Board hearing shall be conducted at a mutually agreed location.
D. Decisions of the Board
1. A majority vote of the Board shall be competent to make a finding or decision with respect to any dispute submitted to it in accordance with this Agreement. Such find...
SYSTEM BOARD OF ADJUSTMENT. A. In compliance with Section 204, Title II, of the Railway Labor Act, as amended, the parties hereby established a System Board of Adjustment for the purpose of adjusting disputes or grievances arising under this Agreement. Such Board will be known as the Silver Airways Flight Attendant’s System Board of Adjustment.
B. The Board will consist of two (2) members, one (1) selected by the Union, one (1) selected by the Company, and such appointees will be known as "Board Members." With the exception of arbitrators/neutrals, all Board Members will be employees of the Company.
C. Each party will inform the other, in writing, of the name of its Board Member and such designations will continue in effect until successors are appointed. Either party has the right to change its representative periodically, provided that written notification of a change of representative for any particular dispute must be made prior to the start of the scheduled hearing.
D. The Board will have jurisdiction over disputes which arise out of grievances, or out of the interpretation or application of this Agreement. The jurisdiction of the Board will not extend to proposed changes in hours of employment, rates of compensation, or working conditions. Nor will jurisdiction of the Board extend to cases involving the discipline or discharge of probationary Flight Attendants.
E. The Board will consider any grievance or appeal properly submitted to it by the Union or the Company when such matter has not been previously settled in accordance with the terms provided for in this Agreement.
F. Makeup of the Board
SYSTEM BOARD OF ADJUSTMENT. The legal proceeding used for resolving disputes growing out of grievances (including discipline under Section 19) or out of the interpretation or application of this agreement in accordance with Section 204 of the Railway Labor Act, 45 U.S.C. Section 184.
SYSTEM BOARD OF ADJUSTMENT. A. Recognition
SYSTEM BOARD OF ADJUSTMENT. Miscellaneous
1. No matter shall be considered by the Board which has not been first been fully processed in accordance with the grievance and appeal provisions of this Agreement.
2. Nothing herein shall be construed to limit, restrict or abridge the rights 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. 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.
3. Each of the parties hereto will assume the compensation, travel expense and other expenses of the Board members selected by it.
4. Each of the parties hereto will assume the compensation, travel expense and other expenses of the witnesses called or summoned by it.
SYSTEM BOARD OF ADJUSTMENT. Arbitration Process
SYSTEM BOARD OF ADJUSTMENT. Article 16; Travel Pay, and Article 8.4 & 8.10-8.12.
