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 Union. In the event either of the parties is of the belief that the hearing should be held at a site other than as specified above, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed upon. G. The notice of dispute properly referred to the Referee for consideration shall be addressed in writing and will include the following. Each case submitted shall show: 1. Question or questions at issue. 2. Statement of facts. 3. Position of appealing party. 4. Position of other party. H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee. I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs. J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto. K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute. L. Decisions of the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate. M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended. N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made. O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company. P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
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. A. Establishment and Purpose In compliance with Section 204, Title II, of the Railway Labor Act Act, as amended, there is hereby established a System Board of Adjustment (“System Board” or “Board”) for the purpose of adjusting and deciding disputes or grievances which may arise under out of the terms interpretation and/or application of this the Agreement or an alleged violation of the Agreement, and which are properly submitted to it after exhausting or disciplinary or discharge action taken against a Ramp Agent. Such Board shall be known as the procedure for settling disputes, as set forth under Article 17“Spirit Airlines Ramp Agent System Board of Adjustment”.
A. B. The System Board of Adjustment shall consist of three members, one (1) Referee selected appointed by the parties from an ad-hoc panel Company, one appointed by the Union and, for each dispute, one member (hereinafter referred to as the neutral member) selected in accordance with paragraph II.I. of five (5) Refereesthis Article. The Unless the Company and the Union agree upon a combination of cases to be presented to a neutral member, each case presented to the Board 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 treated as a Referee who is not selected from an ad-hoc panel to hear a separate case.
C. The Referee Company member and the Union member shall serve until a successor is duly appointed. The Company member and the Union member shall be full-time Company employees.
D. The Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through a grievance concerning a discipline or discharge action or interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee Board shall not extend to proposed changes in hours of employment, basic rates of compensation, 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. E. The Referee Board shall consider any dispute properly submitted to it according to by any General Chair of the Union or by the Director of Labor Relations of the Company when such dispute has not been previously settled in accordance with 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 Agreement.
F. The neutral member 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 Board shall preside at meetings and hearings of the Board and shall be designated as Chairman the Chair of the System Board of Adjustment. It shall be the responsibility of the Chairman Chair to guide the parties in the presentation of testimony, exhibits exhibits, and arguments argument at hearings to the end that a fair, prompt and orderly hearing of the dispute is afforded.
F. . The hearing Board shall take place meet in the city of where the site of the grievance, Company’s headquarters is maintained unless a different place of meeting is agreed upon by the Company Board and the Union. In the event either of the parties is of the belief that the hearing should be held at a site other than as specified above, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed uponparties.
G. The notice of dispute All disputes properly referred by the Union to the Referee Board for consideration shall be addressed in writing and will include the following. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing party.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs filed with the Referee following the close Company’s Director of the hearing. A written award will Labor Relations by Notice of Appeal and must be rendered by the Referee to the parties not later than electronically transmitted or postmarked within forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
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 arbitrated1. In compliance with Section 204, Title II, of the Railway Labor Act Act, as amended, there is hereby established a System Board of Adjustment Adjustment, hereinafter referred to as “the Board,” 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 settlement disputes, as set forth under Article 17.
A. 2. The System Board shall be composed of Adjustment shall consist of one (1) Referee a Company member, a Union member, and a Neutral referee selected by the parties from an ad-hoc panel of five (5) Referees. The Company and the Union Union. Unless the Company and the District Lodge agree upon a combination of cases to be presented, each case presented to the Board shall agree be treated as a separate case. The Board shall meet and consider each Grievance properly and timely appealed to request an ad-hoc regional panel it at a time and place set by mutual agreement of five (5) Referees from the Federal Mediation & Conciliation Service which will be selected through alternate strikes by the parties.
3. 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 Neutral member 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 Board shall preside at meetings and hearings and shall be designated as Chairman of the System Board of AdjustmentThree Person Board. It shall be the responsibility of the Chairman Neutral to guide the parties in the presentation of testimony, exhibits and arguments argument at hearings to the end that a is fair, prompt and orderly hearing of to the dispute is afforded.
F. . The hearing Board shall take place meet in the city where the General offices of the site of the grievance, National Airlines are maintained unless a different place of meeting is agreed upon by the Company Board and the Unionparties.
4. In The Board shall have jurisdiction over disputes between the event either Union and the Company growing out of grievances or out of interpretation or application of any terms of this Agreement. The jurisdiction of the parties is Board shall not extend to proposed changes to the Agreement, including in hours of service, compensation or working conditions covered by this agreement or any Amendment hereto.
5. The Board shall consider any dispute properly submitted to it by the General Chair of the belief that Union or his designee, or the hearing should be held at a site other than as specified above, such party will notify by the other party and, if both sides agree, Company. Disputes introduced by the hearing will be conducted at Union shall have been processed in accordance with the site agreed uponterms provided for in this Article.
G. The notice of dispute properly 6. All disputes involving suspension and discharges referred by the Union to the Referee Board for consideration shall be addressed filed with the head of Inflight s by a Notice of Appeal which must be postmarked within thirty days after final decision in writing and the last step of the grievance procedure set for his this Article. A copy of the submission as defined below will include be included in the followingnotice of appeal sent to the Company’s head of Inflight. Each case submitted All disputes properly referred by the Company to the Board of Adjustment shall showbe filed with the President/Directing General Char of the District Lodge by a Notice of Submission which must be postmarked within thirty days after the head of Inflight knew or should have reasonable been expected to know of the cause giving rise to the dispute. Both parties will submit to the Board a statement of the case, which shall include:
1. i. Question or questions at issue.
2ii. Statement of facts.
3facts iii. Position of appealing party.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed employee or employees and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.relief requested
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
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. 16.1 In compliance with Section 204, Title II, of the Railway Labor Act 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, Agreement and which are properly submitted to it after exhausting the procedure all steps for settling disputes, disputes and grievances as set forth under in Article 1715 have been exhausted.
A. The 16.2 Unless otherwise agreed to by the Company and the Union, the System Board of Adjustment shall consist of three (3) members, one (1) Referee selected appointed by the parties Company (hereinafter referred to as the Company Member), one (1) appointed by the Union (hereinafter referred to as the Union Member), and for each dispute one (1) member selected from an ad-hoc a panel of five potential referees in a manner agreeable to the Company and the Union (5) Refereeshereinafter referred to as the Neutral Member). The Company and the Union Member 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 strikeserve until their successors are duly appointed.
B. 16.3 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 Board shall have exclusive jurisdiction over disputes between any employee covered by this Agreement and the Company and between the Company and the Union, growing out of grievances as processed through concerning disciplinary action, rules, rates of pay, or working conditions covered by this Agreement, or any amendment or supplement thereto, or out of the grievance procedureinterpretation or application of any terms of this Agreement, or any amendment or supplement thereto. The jurisdiction of the Referee Board shall not extend to proposed changes in hours of employmentrules, basic rates of compensation, or working conditions covered by this Agreement or any amendment heretoamendments thereto. Grievances The Board shall not timely filed have jurisdiction or submitted for arbitration as provided above shall be barredpower to add to or subtract from this Agreement or any amendments thereto or any agreement between the parties.
D. 16.4 The Referee Board shall consider any dispute properly submitted to it according to by the System General Chairman of the Union or his designee, or by the Chief Operating Officer of the Company when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice of Intention to Appeal the dispute is filed with the Board within thirty forty (3040) calendar days after the procedure provided for in Article 17 of this Agreement has been exhausted. If a dispute is not filed within such period, time the action of the Company or Union which was the subject of the grievance shall become final and binding. The Union date the submission is received by the Board shall determine the order for considering casesof hearing, unless the parties mutually agree otherwise.
E. 16.5 The Referee Neutral Member of the Board shall preside at meetings and hearings of the Board 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 exhibits, and arguments argument at hearings to the end that a fair, prompt prompt, and orderly hearing of the dispute is afforded.
F. 16.6 The hearing Board shall take place meet in the city where the General Offices of the site of the grievanceHawaiian Airlines, Inc., are maintained (unless a different place of meeting is agreed upon by the Company and parties, with the Union. In the event either consent of the parties is of the belief that the hearing should be held at a site other than as specified above, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed uponNeutral).
G. The notice of dispute 16.7 All disputes properly referred to the Referee Board for consideration shall be addressed in writing to the Company Member and will include the followingUnion Member jointly. Each case submitted The submission of the dispute to the Board shall showinclude:
1. Question (a) The question or questions at issue.
2. Statement (b) A statement of factsthe specific Agreement provisions which are claimed to have been violated.
3. Position (c) A statement of all facts relating to the dispute which the appealing party asserts exist and alleges can be proved and which support its position.
(d) The full position of the appealing party. A copy of the initial submission shall be served on the other party or parties.
4. Position 16.8 Upon the filing of other partythe submission with the Company Member and the Union Member, the Company and the Union shall within five (5) days select a Neutral Member to sit with the Board in the consideration and disposition of the case and shall advise the appealing party and interested parties of the name and address of the Neutral Member.
H. The parties will endeavor to schedule a hearing date within 16.9 Within thirty (30) days after the appointment receipt of the Refereeappealing party's submission, the other party to the dispute shall file a Statement of Position with the Company Member, the Union Member, and the party or parties involved which shall include:
(a) If the parties are unable to agree on the question or questions at issue, the other party will state the question or questions at issue.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee (b) All facts relating to the parties not later than forty-five dispute which the party asserts exist and alleges can be proved and which support its position.
(45c) calendar days following The party's full position.
16.10 Upon the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement Statement of Position, the appealing party shall forward a copy of the parties submission to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the UnionNeutral Member, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary other party to the dispute.
L. Decisions dispute shall file with the Neutral Member a copy of the Referee in all cases properly referable Statement of Position. All subsequent documents to it be filed with the Board shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled addressed to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.three
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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. A. In compliance with Section 204, Title II, II of the Railway Labor Act 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, Agreement and which are properly submitted to it after exhausting it. Such Board shall be known as the procedure for settling disputes, as set forth under Article 17.
A. The Air Wisconsin Flight Attendant's System Board of Adjustment Adjustment.
B. The Board shall consist of three (3) members: one (1) Referee selected appointed by the parties from an ad-hoc panel of five Company, one (51) 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 appointed by the parties. The party requesting arbitration shall make the first strike.
B. The foregoing notwithstandingUnion, the parties may agree to select a Referee who is not selected from an ad-hoc panel to hear a caseand one (1) neutral member.
C. The Referee Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing which arise out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee 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 hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barredexisting agreements between the parties.
D. The Referee Board shall consider any dispute properly submitted to it according to by 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 Union or the Company or Union which was has not previously been settled in accordance with the subject provisions of the grievance shall become final and binding. The Union shall determine the order for considering casesprocedure.
E. The Referee neutral member of the Board shall preside at the hearings of the Board and shall be designated as Chairman of the System Board of AdjustmentChairman. It shall be the The responsibility of the Chairman is to set a mutually agreeable date for the hearing and to guide the parties in the presentation of testimony, exhibits and arguments argument at hearings hearings. A majority of the Board shall have the right to call witnesses to the end that a fair, prompt and orderly hearing of the dispute is afforded.
F. . The hearing Board shall take place meet in the city where the general offices of the site of the grievance, Company are maintained unless a different place of meeting is agreed upon by the Company Board.
F. All disputes properly submitted to the Board must be in writing, with copies to the parties, and the Union. In the event either must be submitted within thirty (30) days after receipt of the parties is final decision in the last step of the belief that the hearing should be held at a site other than as specified above, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed upon.
G. Grievance Procedure. The notice of dispute properly referred submission to the Referee for consideration shall be addressed in writing and will include the following. Each case submitted shall showBoard must include:
1. Question or questions at issue.;
2. Statement of facts.;
3. Position of appealing party.the Flight Attendant or Flight Attendants; and
4. Position of other partythe Company.
H. The parties will endeavor to schedule G. At the request of either party, after the filing of a hearing date submission with the Board, the Company and the Union shall, within thirty (30) days, attempt to agree upon the selection of a neutral member from the panel. If no agreement can be reached, each party shall alternately strike a name from the list until one (1) name remains who shall be designated as the neutral Board Member. The first strike shall go to the party who did not get the first strike in the previous case which utilized the alternating strike method. Within thirty (30) days after of identifying the appointment neutral, the parties shall ascertain his/her availability and schedule the case for hearing on the first set of dates that are available to all parties.
H. A majority vote of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close members of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, Board shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designatecompetent to reach a decision. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases Board properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage ratebinding.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.
Appears in 2 contracts
Samples: Flight Attendant Contract, Flight Attendant Contract
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. (a) 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 grievances, which may arise under the terms of this Agreement, and which are properly submitted to it after exhausting the procedure for settling disputes, disputes as set forth under Article 1713 XIII. However, by mutual agreement, any cases properly referable to this Board may be submitted to arbitration in the first instance.
A. (b) The System Board of Adjustment shall consist of three (3) members; one (1) Referee selected by the parties from an ad-hoc panel of five Union, one (51) Referees. The selected by the Company and one (1) neutral member who has been agreed between the Union shall agree parties to request an ad-hoc regional panel adjudicate grievances that may arise following the ratification and signing of five this Agreement that are not resolved in the grievance procedure.
(5c) Referees Members of the Board will serve for one (1) year from the Federal Mediation & Conciliation Service which will date of their appointment, or until their successors have been duly appointed. Vacancies in the membership of the Board shall be selected through alternate strikes by filled in the parties. The party requesting arbitration shall make same manner as is provided herein for the first strikeselection of the original members of the Board.
B. (d) 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 Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee 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 hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barred.
D. (e) The Referee Board shall consider any dispute properly submitted to it according to by an accredited Union Representative or by the Human Resources Manager of the Company or his authorized representative, when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice notice of Intention intention to Appeal appeal is filed within thirty (30) days after the procedure provided for in Article 17 13 XIII 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.
(f) Appointments of members of the Board shall be made by the respective Parties within thirty (30) days from the date of the signing of this Agreement and said appointees shall meet in the City of Jericho, N.Y., within forty-five (45) days from the date of the signing of this Agreement, and shall organize and select a Chairman and a Vice-Chairman, both of whom shall be members of the Board. The term of the office, of Chairman and Vice-Chairman shall be one (1) year. Thereafter the Board shall designate one of its members to act as Chairman and one to act as Vice-Chairman for one (1) year terms. Each officer so selected shall serve for one (1) year or until his successor has been selected. The office of the Chairman shall be filled and held alternatively by Union member of the Board. When a Union member is Chairman, a Company member shall determine be Vice-Chairman, and vice versa. The Chairman, or in his absence, the order for considering cases.
E. The Referee Vice-Chairman, shall preside at hearings meetings of the Board and at hearing, and shall be designated as Chairman of have a vote in connection with all actions taken by the System Board. After the organization meeting referred to herein, the 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 thereafter meet in the city where the general offices within the United States of the site America of the grievance, Aer Lingus-Irish are maintained (unless a different place of meeting is agreed upon by the Company Board) during the first week in June and the Union. In first week in December of each year, provided that at such times there are cases filed with the event either of the parties is of the belief that the hearing should be held at a site other than as specified aboveBoard for consideration, such party will notify the other party andand shall continue in session until all matters before it have been considered, if both sides agree, the hearing will be conducted at the site unless otherwise mutually agreed upon.
G. The notice of dispute (g) All disputes properly referred to the Referee Board for consideration shall be addressed to the Chairman. Five (5) copies of each petition, including all papers and exhibits in writing and will include connection therewith, shall be forwarded to Chairman who shall promptly transmit one (1) copy thereof to each member of the followingBoard. Each case submitted shall show:
(1. ) Question or questions at issue.
(2. ) Statement of facts.
(3. ) Position of appealing partyemployee or employees.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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. 16.1 In compliance with Section 204, Title II, of the Railway Labor Act 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, Agreement and which are properly submitted to it after exhausting the procedure all steps for settling disputes, disputes and grievances as set forth under in Article 1715 have been exhausted.
A. The 16.2 Unless otherwise agreed to by the Company and the Union, the System Board of Adjustment shall consist of three (3) members, one (1) Referee selected appointed by the parties Company (hereinafter referred to as the Company Member), one (1) appointed by the Union (hereinafter referred to as the Union Member), and for each dispute one (1) member selected from an ad-hoc a panel of five potential referees in a manner agreeable to the Company and the Union (5) Refereeshereinafter referred to as the Neutral Member). The Company and the Union Member 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 strikeserve until their successors are duly appointed.
B. 16.3 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 Board shall have exclusive jurisdiction over disputes between any employee covered by this Agreement and the Company and between the Company and the Union, growing out of grievances as processed through concerning disciplinary action, rules, rates of pay, or working conditions covered by this Agreement, or any amendment or supplement thereto, or out of the grievance procedureinterpretation or application of any terms of this Agreement, or any amendment or supplement thereto. The jurisdiction of the Referee Board shall not extend to proposed changes in hours of employmentrules, basic rates of compensation, or working conditions covered by this Agreement or any amendment heretoamendments thereto. Grievances The Board shall not timely filed have jurisdiction or submitted for arbitration as provided above shall be barredpower to add to or subtract from this Agreement or any amendments thereto or any agreement between the parties.
D. 16.4 The Referee Board shall consider any dispute properly submitted to it according to by the System General Chairman of the Union or his designee, or by the Chief Operating Officer of the Company when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice of Intention to Appeal the dispute is filed with the Board within thirty forty (3040) calendar days after the procedure provided for in Article 17 of this Agreement has been exhausted. If a dispute is not filed within such period, time the action of the Company or Union which was the subject of the grievance shall become final and binding. The Union date the submission is received by the Board shall determine the order for considering casesof hearing, unless the parties mutually agree otherwise.
E. 16.5 The Referee Neutral Member of the Board shall preside at meetings and hearings of the Board 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 exhibits, and arguments argument at hearings to the end that a fair, prompt prompt, and orderly hearing of the dispute is afforded.
F. 16.6 The hearing Board shall take place meet in the city where the General Offices of the site of the grievanceHawaiian Airlines, Inc., are maintained (unless a different place of meeting is agreed upon by the Company and parties, with the Union. In the event either consent of the parties is of the belief that the hearing should be held at a site other than as specified above, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed uponNeutral).
G. The notice of dispute 16.7 All disputes properly referred to the Referee Board for consideration shall be addressed in writing to the Company Member and will include the followingUnion Member jointly. Each case submitted The submission of the dispute to the Board shall showinclude:
1. Question (a) The question or questions at issue.
2(b) A statement of the specific Agreement provisions which are claimed to have been violated.
(c) A statement of all facts relating to the dispute which the appealing party asserts exist and alleges can be proved and which support its position.
(d) The full position of the appealing party. A copy of the initial submission shall be served on the other party or parties.
16.8 Upon the filing of the submission with the Company Member and the Union Member, the Company and the Union shall within five (5) days select a Neutral Member to sit with the Board in the consideration and disposition of the case and shall advise the appealing party and interested parties of the name and address of the Neutral Member.
16.9 Within thirty (30) days after receipt of the appealing party's submission, the other party to the dispute shall file a Statement of factsPosition with the Company Member, the Union Member, and the party or parties involved which shall include:
(a) If the parties are unable to agree on the question or questions at issue, the other party will state the question or questions at issue.
3. Position of appealing party(b) All facts relating to the dispute which the party asserts exist and alleges can be proved and which support its position.
4. Position of other (c) The party's full position.
H. 16.10 Upon the filing of the Statement of Position, the appealing party shall forward a copy of the submission to the Neutral Member, and the other party to the dispute shall file with the Neutral Member a copy of the Statement of Position. All subsequent documents to be filed with the Board shall be addressed to all three (3) members of the Board.
16.11 Within fifteen (15) days after the date the Statement of Position is filed with the Company Member and the Union Member, the parties shall advise the Board of the facts on which they desire to present evidence during the hearing of the dispute before the Board unless they mutually agree not to present any evidence or oral argument. Each party shall have the opportunity at the hearing to present evidence on the facts on which the other party presents evidence. The Neutral Member may also advise the parties the facts on which he desires to have evidence. If any party does not desire to present evidence or oral argument, that party shall so advise the other party or parties and the Board within the time limits specified in this paragraph.
(a) As soon as the parties and the Neutral Member (Chairman) have been advised of the facts on which evidence will endeavor be presented, the Chairman shall set a date for hearing which shall be mutually satisfactory with the Union and Company Members of the Board and shall be within thirty (30) days of said date, unless the Chairman is notified that the Company and the Union have agreed to schedule a mutually satisfactory later date. The Chairman shall give the necessary notices in writing of such hearing date to the parties. The decision of the Board shall be rendered within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will If neither party nor the Chairman requests evidence to be rendered by presented at the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may hearing, hearing shall be extended by mutual agreement waived except where any of the parties or the Chairman requests a hearing for the purpose of oral argument.
(b) In the event neither party desires to present evidence or oral argument at a hearing, the Chairman shall be so advised within the time limits specified in Clause 16.11 of this AgreementArticle. The expenses and reasonable compensation If there is to be no hearing for presentation of evidence or oral argument, the Chairman shall set a date for an executive session of the Referee selected, as provided herein, Board during or after which a decision shall be borne equally by rendered, but in any event said decision shall be rendered within forty (40) days of the parties heretodate the Chairman was advised that no evidence or oral argument would be presented.
K. 16.13 Employees covered by this Agreement may shall be represented at hearings by such person or persons designated Board Hearings by the Union, System General Chairman or his designee and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call All witnesses testifying orally or by deposition shall do so under oath. On request of individual members of the Board, the Board may, by majority vote, or shall at the request of either the Union Member or the Company Member thereon, summon any witnesses who are employed by the Company and who may be deemed necessary by the parties to the disputedispute or by either party or by the Board itself. The number of employee 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.
L. 16.14 A majority vote of all members of the Board shall be competent to make a decision.
16.15 Decisions of the Referee Board in all cases properly referable to it shall be final and binding upon the parties thereto, except that to the Referee’s authority on issues of arbitrability shall not be entitled dispute and the parties to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. 16.16 Nothing herein shall be construed to limit, restrict restrict, or abridge the rights or privileges accorded either to the employees or to the Company, Company or to their duly accredited representatives, representatives under the provisions of the Railway Labor Act Act, as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. 16.17 Each of the parties hereto will assume the compensation, travel expense, and other expenses of the Board Member selected by it and one-half (½) of the compensation, travel expense, and other expenses of the Neutral Member.
16.18 Each of the parties hereto will assume the compensation, travel expense, and other expenses of the witnesses called or summoned by it. Compensation of witnesses Witnesses who are employees of the CompanyCompany shall receive free contingent air transportation over the lines of the Company from the point of duty or assignment to the point at which they must appear as witnesses and return, who are summoned to the extent permitted by the Company, will be assumed by the Companylaw.
P. 16.19 The Company Member and the UnionUnion Member, acting jointly by mutual agreementjointly, 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 Board, and such expenses shall be borne one-half (½) 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. So far as space is available, the Company and the Union Board Members shall be furnished free transportation over the lines of the Company for the purpose of attending meetings of the Board, to the extent permitted by law.
16.20 It is understood and agreed that each and every Board Member shall be free to discharge his duty in an independent manner, without fear that his individual relations with the Company or with the Union may be affected in any manner by any action taken by him in good faith in his capacity as a Board Member.
16.21 A stenographic report will not be made on each case on which a hearing is held unless the parties mutually agree otherwise.
16.22 The Chairman's copy of all transcripts and/or all records of cases will be filed at the conclusion of each case in a place to be provided by the Company and will be accessible to Board Members and to the parties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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 arbitrated1. In compliance with Section 204, Title II, II of the Railway Labor Act Act, as amended, there is hereby established this Agreement establishes a System Board of Adjustment Adjustment, which shall be called the Petroleum Helicopters Pilots’ System Board of Adjustment, hereinafter called “the Board.”
2. The Board has jurisdiction over timely filed and appropriately processed grievances arising out of the interpretation and application of this Agreement relating to rates of pay, rules, working conditions, discipline and discharge. The procedures set forth in this Article are the exclusive and mandatory forum for all such disputes.
3. The Board does not have jurisdiction over any dispute unless all of the purpose procedures required by the Grievance Procedure provided for in this Agreement have been timely and completely exhausted in the dispute, and the dispute has been properly submitted to the Board pursuant to the provisions of adjusting and deciding disputes this Article.
4. The Board has no jurisdiction to modify, add to or grievances which may arise under otherwise alter or amend any of the terms of this Agreement.
5. The Board shall consist of four members, two of whom shall be selected and appointed by the Employer and two of whom shall be selected and appointed by the President of the Local Union. A Board member appointed by the Union shall serve as chairman and a Board member appointed by the Employer shall serve as vice-chairman in even years, and which a Board member appointed by the Employer shall serve as chairman and a Board member appointed by the Union shall serve as vice-chairman in odd years. The vice-chairman shall act as chairman in his absence. Each Board member has a vote in connection with all actions taken by the Board. In the event the four Board members cannot reach a decision with respect to a particular dispute, the Board will select a neutral member who will decide the dispute. In the event the Board cannot agree on a neutral member, within ten (10) calendar days thereafter either party may request that the American Arbitration Association (AAA) submit a list of seven potential neutrals, and the neutral shall be selected in accordance with the rules of AAA.
6. The Board will meet quarterly in Lafayette (unless a different location is agreed upon by the members of the Board), provided that at such time there are properly cases on file with the Board for its consideration.
7. Any expenses incurred by Board members appointed by one of the parties to this Agreement will be paid by that party. Any pilot called as a witness by the neutral will suffer no loss of pay as a result of testifying at any hearing before the neutral. The fees and expenses of any neutral member of the Board shall be borne equally by the Employer and the Union
8. Disputes may only be submitted to it after exhausting the procedure Board by the President of the Local Union or a duly designated officer of the Union or the Employer.
9. Decisions by the Board are final and binding on the Employer, the Union and the affected pilots.
10. The party appealing a final decision under the Grievance Procedure in this Agreement shall submit the dispute for settling disputesconsideration by the Board, as set forth under Article 17including all papers and exhibits, within fourteen (14) calendar days of that decision. If the appeal is not made with this fourteen day period, the Board does not have jurisdiction over the dispute.
11. All disputes referred to the Board shall be sent to the Director of Human Resources of the Employer and his office shall assign a docket number according to the order in which the dispute is received.
12. The appealing party will ensure that a copy of the petition is served on the members of the Board.
13. Each case submitted to the Board must state:
A. The System Board question or questions at issue;
B. a statement of Adjustment shall consist the facts with supporting documents;
C. a reference to the applicable provisions of one (1) Referee selected the Agreement alleged to have been breached;
D. the position of the aggrieved party;
E. the remedy requested; and
F. the position of the opposing party.
14. Decisions 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 Board 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 rendered no later than thirty (30) days after the procedure provided for close of the hearing.
15. The Employer and the Union shall, in Article 17 good faith, attempt to make a joint submission of their dispute to the Board. If the parties are unable to agree on a joint submission, the appealing party shall file a submission with the Board containing all of the information described in Section 13 of this Agreement has been exhausted. If not filed within such periodArticle, 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 Unionresponding party may do the same. In Any party filing a submission with the event either Board pursuant to this Article shall serve a copy of its submission with the parties is of the belief that the hearing should be held at a site other than as specified above, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed upon.
G. The notice of dispute properly referred to the Referee for consideration shall be addressed in writing and will include the following. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing party.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both16. The parties may call agree that each Board member is free to discharge his duties in an independent manner without fear of retaliation from the Employer or the Union because of any witnesses who may be deemed necessary to the disputeaction taken by him in good faith in his capacity as a Board member.
L. Decisions of the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.
Appears in 1 contract
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. (a) 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 grievances, which may arise under the terms of this Agreement, and which are properly submitted to it after exhausting the procedure for settling disputes, disputes as set forth under Article 17XIII. However, by mutual agreement, any cases properly referable to this Board may be submitted to arbitration in the first instance.
A. (b) The System Board of Adjustment shall consist of three (3) members; one (1) Referee selected by the parties from an ad-hoc panel of five Union, one (51) Referees. The selected by the Company and one (1) neutral member who has been agreed between the Union shall agree parties to request an ad-hoc regional panel adjudicate grievances that may arise following the ratification and signing of five this Agreement that are not resolved in the grievance procedure.
(5c) Referees Members of the Board will serve for one (1) year from the Federal Mediation & Conciliation Service which will date of their appointment, or until their successors have been duly appointed. Vacancies in the membership of the Board shall be selected through alternate strikes by filled in the parties. The party requesting arbitration shall make same manner as is provided herein for the first strikeselection of the original members of the Board.
B. (d) 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 Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee 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 hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barred.
D. a. The Referee Board shall consider any dispute properly submitted to it according to by an accredited Union Representative or by the Human Resources Manager of the Company or his authorized representative, when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice notice of Intention intention to Appeal appeal is filed within thirty (30) days after the procedure provided for in Article 17 XIII 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.
b. Appointments of members of the Board shall be made by the respective Parties within thirty (30) days from the date of the signing of this Agreement and said appointees shall meet in the City of Jericho, N.Y., within forty-five (45) days from the date of the signing of this Agreement, and shall organize and select a Chairman and a Vice-Chairman, both of whom shall be members of the Board. The term of the office, of Chairman and Vice-Chairman shall be one (1) year. Thereafter the Board shall designate one of its members to act as Chairman and one to act as Vice-Chairman for one (1) year terms. Each officer so selected shall serve for one (1) year or until his successor has been selected. The office of the Chairman shall be filled and held alternatively by Union member of the Board. When a Union member is Chairman, a Company member shall determine be Vice-Chairman, and vice versa. The Chairman or, in his absence, the order for considering cases.
E. The Referee Vice-Chairman shall preside at hearings meetings of the Board and at hearing, and shall be designated as Chairman of have a vote in connection with all actions taken by the System Board. After the organization meeting referred to herein, the 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 thereafter meet in the city where the general offices within the United States of the site America of the grievance, Aer Lingus-Irish are maintained (unless a different place of meeting is agreed upon by the Company Board) during the first week in June and the Union. In first week in December of each year, provided that at such times there are cases filed with the event either of the parties is of the belief that the hearing should be held at a site other than as specified aboveBoard for consideration, such party will notify the other party andand shall continue in session until all matters before it have been considered, if both sides agree, the hearing will be conducted at the site unless otherwise mutually agreed upon.
G. The notice of dispute c. All disputes properly referred to the Referee Board for consideration shall be addressed to the Chairman. Five (5) copies of each petition, including all papers and exhibits in writing and will include connection therewith, shall be forwarded to Chairman who shall promptly transmit one (1) copy thereof to each member of the followingBoard. Each case submitted shall show:
(1. ) Question or questions at issue.
(2. ) Statement of facts.
(3. ) Position of appealing partyemployee or employees.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. (a) 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 17XIII.
A. (b) The System Board of Adjustment shall consist of three (3) members, one
(1) appointed by the Company, one (1) Referee appointed by the Union, and one (1) selected by the parties from an ad-hoc a standing panel of five (5) Referees. The Company and the Union shall agree to request an ad-hoc regional panel upon a list of five (5) Referees from which one will selected, by mutual agreement, to hear any dispute which is referred to arbitration under this Agreement. A referee may be removed from the Federal Mediation & Conciliation Service which list by either party during the term of this Agreement and in such instances, the parties will select a replacement. Should the Company and the Union be selected through alternate strikes by the parties. The party requesting arbitration unable to agree upon said replacement member(s) they shall make a joint request to the first strikeNational Mediation Board to name interim Referee(s).
B. (c) The foregoing notwithstanding, the parties may agree to select a Referee who is not selected from an ad-hoc a member of the five (5) member panel to hear a case with the Company and the Union Board members and such panel will, for such case, constitute the System Board of Adjustment.
C. (d) The Referee Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee 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 hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barred.
D. (e) The Referee Board shall consider any dispute properly submitted to it according to by an accredited Union Representative or by the Vice-President Human Resources or his authorized representative, when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice of Intention to Appeal is filed within thirty (30) days after the procedure provided for in Article 17 XIII 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 date of notice shall determine the order for considering cases, unless the parties mutually agree otherwise.
E. (f) The Referee office of the “Secretary to the Board” shall alternate January 1st of each year between the Company member of the Board and the Union member of the Board with the Union member serving on even numbered years and the Company member serving on odd numbered years. The Secretary shall give written notice to the Board members and the parties to the dispute in connection with the scheduling of the Board matters.
(g) The neutral member (Referee) shall preside at meetings and hearings of the Board and shall be designated as Chairman of the System Board 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. (h) The hearing Board shall take place meet in the city of the site of the grievanceNew York City, unless a different place of meeting is agreed upon by the Company and the Union. In the event either of eitherof the parties is of the belief that the hearing should be held at a site other than as specified aboveNew York City, such party will notify the other party and, if both sides agree, the System Board hearing will be conducted at the site agreed upon.
G. (i) The notice of dispute properly referred to the Referee Board for consideration shall be addressed in writing to the Company member and will the Union member jointly and shall include the following. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing party.
4. Position of other party.
H. (j) Upon filing the notice of dispute, the Company and the Union Board members shall, within ten (10) working days, select a Referee to sit with the Board to settle the dispute and the Secretary of the Board shall advise the appealing party and other party of the name and address of the Referee. If the Board members are unable to agree upon a Neutral Referee within the ten (10) workdays, a joint request will be directed to the Chairman of the National Mediation Board for the appointment of a Neutral Referee.
(k) The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the RefereeNeutral referee. If neither party nor the Chairman requests a hearing, such hearing shall be waived.
I. (l) Following the hearing, the Board shall convene in Executive Session, unless both parties mutually agree otherwise. The hearing may be transcribed and Board shall issue its decision at the parties may file written briefs with the Referee following the close conclusion of the hearingExecutive Session, if possible. A However, a written award will be rendered by the Referee to the parties not later than forty-five thirty (4530) calendar workdays following the Executive Session. In no event shall a decision be issued until after an Executive Session has been held if either the Company of the Union Board member has requested such session. In the event there is to be no hearing, the Chairman shall set a date which is agreeable to the board members, for an Executive Session of the Board. The Board shall issue its decision at the conclusion of the Executive Session, if possible. However, a written award will be rendered to the parties not later than thirty (30) days following the filing of the briefsExecutive Session.
J. (m) The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. (n) Employees covered by this Agreement may be represented at Board hearings by such person or persons designated by the Unionas they may choose and designate, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may Board may, at the request of either the Union member or the Company member xxxxxxx, call any witnesses who are employed by the Company and who may be deemed necessary to the dispute.
L. (o) A majority of all members of the Board shall be competent to make an award.
(p) Decisions of the Referee Board in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. (q) Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. (r) The parties Board shall maintain a complete record of all matters submitted to arbitrationit for its consideration, and of all findings and decisions mademade by it.
O. (s) Each of the parties will assume the compensation, travel expense and other expense of the Board member selected by it.
(t) Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Companyeither party, will be assumed by the Company. Witnesses who are employees of the Company, if necessary, shall receive free air transportation from the point of duty or assignment to the point at which they must appear as witnesses and return, to the extent permitted by law and mutual agreements with other air carriers.
P. (u) The Company and the UnionUnion members of the System Board, acting jointly by mutual agreementjointly, 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 by each of the parties hereto. If necessary, Board members shall receive free air transportation for the purposes of attending meetings of the Board, to the extent permitted by law and mutual agreements with other air carriers.
(v) It is understood and agreed that each and every Board member shall be free to discharge his duty in an independent manner without fear that his individual relations with the Company or with the Union may be affected in any manner by any action taken by him in good faith in his capacity as a Board member.
(w) 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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. A. 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 strikeXIII.
B. The foregoing notwithstanding, the parties may agree to select a Referee who is not selected from an ad-hoc a member of the five (5) member panel to hear a case with the Company and the Union Board members and such panel will, for such case, constitute the System Board of Adjustment.
C. The Referee Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee 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 hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barred.
D. The Referee Board shall consider any dispute properly submitted to it according to by an accredited Union Representative or by the Vice-President Human Resources or his authorized representative, when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice of Intention to Appeal is filed within thirty (30) days after the procedure provided for in Article 17 XIII 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 date of notice shall determine the order for considering cases, unless the parties mutually agree otherwise.
E. The Referee office of the “Secretary to the Board” shall alternate January 1st of each year between the Company member of the Board and the Union member of the Board with the Union member serving on even numbered years and the Company member serving on odd numbered years.
F. The neutral member (Referee) shall preside at meetings and hearings of the Board and shall be designated as Chairman of the System Board board of Adjustment. It shall be the responsibility of the Chairman to guide the parties theparties 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. G. The hearing Board shall take place meet in the city of the site of the grievanceNew York City, unless a different place of meeting is agreed upon by the Company and the Union. In the event either of the parties is of the belief that the hearing should be held at a site other than as specified aboveNew York City, such party will notify the other party and, if both sides agree, the System Board hearing will be conducted at the site agreed upon.
G. H. The notice of dispute properly referred to the Referee Board for consideration shall be addressed in writing to the Company member and will the Union member jointly and shall include the following. Each case submitted shall show:.
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing party.
4. Position of other party.
H. I. Upon filing the notice of dispute, the Company and the Union Board members shall, within ten (10) working days, select a Referee to sit with the Board to settle the dispute and the Secretary of the Board shall advise the appealing party and other party of the name and address of the Referee. If the Board members are unable to agree upon a Neutral Referee within the ten (10) workdays, a joint request will be directed to the Chairman of the National Mediation Board for the appointment of a Neutral Referee.
J. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the RefereeNeutral referee. If neither party nor the Chairman requests a hearing, such hearing shall be waived.
I. K. Following the hearing, the Board shall convene in Executive Session, unless both parties mutually agree otherwise. The hearing may be transcribed and Board shall issue its decision at the parties may file written briefs with the Referee following the close conclusion of the hearingExecutive Session, if possible. A However, a written award will be rendered by the Referee to the parties not later than forty-five thirty (4530) calendar workdays following the Executive Session. In no event shall a decision be issued until after an Executive Session has been held if either the Company of the Union Board member has requested such session. In the event there is to be no hearing, the Chairman shall set a date which is agreeable to the board members, for an Executive Session of the Board. The Board shall issue its decision at the conclusion of the Executive Session, if possible. However, a written award will be rendered to the parties not later than thirty (30) days following the filing of the briefsExecutive Session.
J. L. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. M. Employees covered by this Agreement may be represented at Board hearings by such person or persons designated by the Unionas they may choose and designate, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may Board may, at the request of either the Union member or the Company member thereon, call any witnesses who are employed by the Company and who may be deemed necessary to the dispute.
L. N. A majority of all members of the Board shall be competent to make an award.
O. Decisions of the Referee Board in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. P. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. Q. The parties Board shall maintain a complete record of all matters submitted to arbitrationit for its consideration, and of all findings and decisions mademade by it.
O. R. Each of the parties will assume the compensation, travel expense and other expense of the Board member selected by it.
S. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Companyeither party, will be assumed by the Company. Witnesses who are employees of the Company, if necessary, shall receive free air transportation from the point of duty or assignment to the point at which they must appear as witnesses and return, to the extent permitted by law and mutual agreements with other air carriers.
P. T. The Company and the UnionUnion members of the System Board, acting jointly by mutual agreementjointly, 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 by each of the parties hereto. If necessary, Board members shall receive free air transportation for the purposes of attending meetings of the Board, to the extent permitted by law and mutual agreements with other air carriers.
U. It is understood and agreed that each and every Board member shall be free to discharge his duty in an independent manner without fear that his individual relations with the Company or with the Union may be affected in any manner by any action taken by him in good faith in his capacity as a Board member.
V. 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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. A. In compliance with Section 204, Title II, 2 of the Railway Labor Act Act, as amended, there is hereby established a System Board of Adjustment for the purpose of adjusting and deciding all 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 17the grievance procedure.
A. The System B. At the arbitration stage, the Board of Adjustment shall consist of three (3) members, one
(1) appointed by the Company, one (1) Referee selected appointed by the parties from an ad-hoc panel Union and, for each dispute, one (1) member (hereinafter referred to as the neutral member) selected in accordance with Paragraph E 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 casethis Article.
C. The Referee Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee Board shall not extend to proposed changes in hours of employment, basic rates of compensation, 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 neutral member 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 Board shall preside at meetings and hearings of the Board 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 Board shall take place meet in the city where the general offices of the site of the grievance, Air Wisconsin Airlines are maintained unless a different place of meeting is agreed upon by the Board.
E. Upon filing a request for hearing with the Company member and Union member, the Company and Union shall within fifteen (15) calendar days meet to select a neutral member to sit with the Board in consideration and disposition of the case. If no agreement can be reached within the fifteen (15) calendar day period, the parties will select a neutral arbitrator to serve as the neutral member by striking arbitrators. Upon the selection or appointment of a neutral member, the appealing party shall forward a copy of the submission to the members of the Board. All subsequent documents to be filed with the Board shall be addressed to all three members of the Board. The Chairman shall set a date for hearing which shall be mutually satisfactory with the Union and the Company members of the Board and shall be within sixty (60) calendar days of the date of selection or appointment of the neutral member unless the Company and the Union. In the event either of the parties is of the belief that the hearing should be held at Union have agreed to a site other than as specified above, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed uponmutually satisfactory later date.
G. The notice of dispute properly referred to the Referee for consideration shall be addressed in writing and will include the following. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing party.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. F. Employees covered by this Agreement may be represented at Board hearings by such person or persons designated by the Unionas they may choose and designate, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. G. Decisions of the Referee Board in all cases properly referable to it shall be final and binding upon the parties theretohereto.
H. The decision of the Board shall be rendered within sixty (60) calendar days after the closing of the hearing and/or final briefs have been submitted, and a majority vote of the members of the Board, including the neutral member, shall be necessary to reach such decision. The expense and reasonable compensation of the neutral member selected as provided herein shall be borne equally by the parties hereto, except that as may be otherwise provided under the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing courtRailway Labor Act. The authority time limits specified in this paragraph may be extended by mutual agreement of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary parties to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. I. Nothing herein shall be construed to limit, restrict 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 Act, as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. J. Each of the parties hereto will assume the compensation, travel expenses and other expenses of the its Board member and witnesses called or summoned by it. Compensation of witnesses Witnesses who are employees of the CompanyCompany shall receive free transportation over the lines of the Company in accordance with Company policy.
K. It is understood and agreed that each and every Board member shall be free to discharge his duty in an independent manner, who are summoned without fear that his individual relations with the Company or the Union may be affected in any manner by any action taken by him in good faith in his capacity as a Board member.
L. The parties will have a permanent panel of arbitrators. Arbitrators will be selected from this permanent panel to serve as the neutral member of the System Board of Adjustments. The permanent panel shall consist of seven (7) arbitrators mutually agreed to by the Companyparties in October for the following calendar year. The parties may mutually agree to change a member or members of the permanent panel at the time of the annual selection of panel members.
M. When it is mutually agreed that a stenographic report is to be taken of any hearing, the cost will be assumed borne equally by both parties to the Company.
P. The Company and dispute. In the Union, acting jointly by mutual agreement, shall have the authority to incur such other expenses as in their judgment may be deemed necessary for the proper conduct event that it is not mutually agreed that a stenographic report of the business proceedings will be taken, any transcript made by either party shall be furnished to the other party upon request, provided that the cost of the Board and such expenses written record shall be borne one-half equally by each of both parties to the parties heretodispute.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 Union. In the event either of the parties is of the belief that the hearing should be held at a site other than as specified above, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed upon.
G. The notice of dispute properly referred to the Referee for consideration shall be addressed in writing and will include the following. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing party.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s 's authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. 16.1 In compliance with Section 204, Title II, of the Railway Labor Act 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, Agreement and which are properly submitted to it after exhausting the procedure all steps for settling disputes, disputes and grievances as set forth under in Article 1715 have been exhausted.
A. The 16.2 Unless otherwise agreed to by the Company and the Union, the System Board of Adjustment shall consist of three (3) members, one (1) Referee selected appointed by the parties Company (hereinafter referred to as the Company Member), one
(1) appointed by the Union (hereinafter referred to as the Union Member), and for each dispute one (1) member selected from an ad-hoc a panel of five potential referees in a manner agreeable to the Company and the Union (5) Refereeshereinafter referred to as the Neutral Member). The Company and the Union Member 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 strikeserve until their successors are duly appointed.
B. 16.3 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 Board shall have exclusive jurisdiction over disputes between any employee covered by this Agreement and the Company and between the Company and the Union, growing out of grievances as processed through concerning disciplinary action, rules, rates of pay, or working conditions covered by this Agreement, or any amendment or supplement thereto, or out of the grievance procedureinterpretation or application of any terms of this Agreement, or any amendment or supplement thereto. The jurisdiction of the Referee Board shall not extend to proposed changes in hours of employmentrules, basic rates of compensation, or working conditions covered by this Agreement or any amendment heretoamendments thereto. Grievances The Board shall not timely filed have jurisdiction or submitted for arbitration as provided above shall be barredpower to add to or subtract from this Agreement or any amendments thereto or any agreement between the parties.
D. 16.4 The Referee Board shall consider any dispute properly submitted to it according to by the System General Chairman of the Union or his designee, or by the Chief Operating Officer of the Company when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice of Intention to Appeal the dispute is filed with the Board within thirty forty (3040) calendar days after the procedure provided for in Article 17 of this Agreement has been exhausted. If a dispute is not filed within such period, time the action of the Company or Union which was the subject of the grievance shall become final and binding. The Union date the submission is received by the Board shall determine the order for considering casesof hearing, unless the parties mutually agree otherwise.
E. 16.5 The Referee Neutral Member of the Board shall preside at meetings and hearings of the Board 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 exhibits, and arguments argument at hearings to the end that a fair, prompt prompt, and orderly hearing of the dispute is afforded.
F. 16.6 The hearing Board shall take place meet in the city where the General Offices of the site of the grievanceHawaiian Airlines, Inc., are maintained (unless a different place of meeting is agreed upon by the Company and parties, with the Union. In the event either consent of the parties is of the belief that the hearing should be held at a site other than as specified above, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed uponNeutral).
G. The notice of dispute 16.7 All disputes properly referred to the Referee Board for consideration shall be addressed in writing to the Company Member and will include the followingUnion Member jointly. Each case submitted The submission of the dispute to the Board shall showinclude:
1. Question (a) The question or questions at issue.
2(b) A statement of the specific Agreement provisions which are claimed to have been violated.
(c) A statement of all facts relating to the dispute which the appealing party asserts exist and alleges can be proved and which support its position.
(d) The full position of the appealing party. A copy of the initial submission shall be served on the other party or parties.
16.8 Upon the filing of the submission with the Company Member and the Union Member, the Company and the Union shall within five (5) days select a Neutral Member to sit with the Board in the consideration and disposition of the case and shall advise the appealing party and interested parties of the name and address of the Neutral Member.
16.9 Within thirty (30) days after receipt of the appealing party's submission, the other party to the dispute shall file a Statement of factsPosition with the Company Member, the Union Member, and the party or parties involved which shall include:
(a) If the parties are unable to agree on the question or questions at issue, the other party will state the question or questions at issue.
3. Position of appealing party(b) All facts relating to the dispute which the party asserts exist and alleges can be proved and which support its position.
4. Position of other (c) The party's full position.
H. 16.10 Upon the filing of the Statement of Position, the appealing party shall forward a copy of the submission to the Neutral Member, and the other party to the dispute shall file with the Neutral Member a copy of the Statement of Position. All subsequent documents to be filed with the Board shall be addressed to all three (3) members of the Board.
16.11 Within fifteen (15) days after the date the Statement of Position is filed with the Company Member and the Union Member, the parties shall advise the Board of the facts on which they desire to present evidence during the hearing of the dispute before the Board unless they mutually agree not to present any evidence or oral argument. Each party shall have the opportunity at the hearing to present evidence on the facts on which the other party presents evidence. The Neutral Member may also advise the parties the facts on which he desires to have evidence. If any party does not desire to present evidence or oral argument, that party shall so advise the other party or parties and the Board within the time limits specified in this paragraph.
(a) As soon as the parties and the Neutral Member (Chairman) have been advised of the facts on which evidence will endeavor be presented, the Chairman shall set a date for hearing which shall be mutually satisfactory with the Union and Company Members of the Board and shall be within thirty (30) days of said date, unless the Chairman is notified that the Company and the Union have agreed to schedule a mutually satisfactory later date. The Chairman shall give the necessary notices in writing of such hearing date to the parties. The decision of the Board shall be rendered within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will If neither party nor the Chairman requests evidence to be rendered by presented at the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may hearing, hearing shall be extended by mutual agreement waived except where any of the parties or the Chairman requests a hearing for the purpose of oral argument.
(b) In the event neither party desires to present evidence or oral argument at a hearing, the Chairman shall be so advised within the time limits specified in Clause 16.11 of this AgreementArticle. The expenses and reasonable compensation If there is to be no hearing for presentation of evidence or oral argument, the Chairman shall set a date for an executive session of the Referee selected, as provided herein, Board during or after which a decision shall be borne equally by rendered, but in any event said decision shall be rendered within forty (40) days of the parties heretodate the Chairman was advised that no evidence or oral argument would be presented.
K. 16.12 Employees covered by this Agreement may shall be represented at hearings by such person or persons designated Board Hearings by the Union, System General Chairman or his designee and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call All witnesses testifying orally or by deposition shall do so under oath. On request of individual members of the Board, the Board may, by majority vote, or shall at the request of either the Union Member or the Company Member thereon, summon any witnesses who are employed by the Company and who may be deemed necessary by the parties to the disputedispute or by either party or by the Board itself. The number of employee 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.
L. 16.13 A majority vote of all members of the Board shall be competent to make a decision.
16.14 Decisions of the Referee Board in all cases properly referable to it shall be final and binding upon the parties thereto, except that to the Referee’s authority on issues of arbitrability shall not be entitled dispute and the parties to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. 16.15 Nothing herein shall be construed to limit, restrict restrict, or abridge the rights or privileges accorded either to the employees or to the Company, Company or to their duly accredited representatives, representatives under the provisions of the Railway Labor Act Act, as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. 16.16 Each of the parties hereto will assume the compensation, travel expense, and other expenses of the Board Member selected by it and one-half (½) of the compensation, travel expense, and other expenses of the Neutral Member.
16.17 Each of the parties hereto will assume the compensation, travel expense, and other expenses of the witnesses called or summoned by it. Compensation of witnesses Witnesses who are employees of the CompanyCompany shall receive free contingent air transportation over the lines of the Company from the point of duty or assignment to the point at which they must appear as witnesses and return, who are summoned to the extent permitted by the Company, will be assumed by the Companylaw.
P. 16.18 The Company Member and the UnionUnion Member, acting jointly by mutual agreementjointly, 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 Board, and such expenses shall be borne one-half (½) 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. So far as space is available, the Company and the Union Board Members shall be furnished free transportation over the lines of the Company for the purpose of attending meetings of the Board, to the extent permitted by law.
16.19 It is understood and agreed that each and every Board Member shall be free to discharge his duty in an independent manner, without fear that his individual relations with the Company or with the Union may be affected in any manner by any action taken by him in good faith in his capacity as a Board Member.
16.20 A stenographic report will not be made on each case on which a hearing is held unless the parties mutually agree otherwise.
16.21 The Chairman's copy of all transcripts and/or all records of cases will be filed at the conclusion of each case in a place to be provided by the Company and will be accessible to Board Members and to the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. (a) 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 grievances, which may arise under the terms of this Agreement, and which are properly submitted to it after exhausting the procedure for settling disputes, disputes as set forth under Article 1713. However, by mutual agreement, any cases properly referable to this Board may be submitted to arbitration in the first instance.
A. (b) The System Board of Adjustment shall consist of three (3) members; one (1) Referee selected by the parties from an ad-hoc panel of five Union, one (51) Referees. The selected by the Company and one (1) neutral member who has been agreed between the Union shall agree parties to request an ad-hoc regional panel adjudicate grievances that may arise following the ratification and signing of five this Agreement that are not resolved in the grievance procedure.
(5c) Referees Members of the Board will serve for one (1) year from the Federal Mediation & Conciliation Service which will date of their appointment, or until their successors have been duly appointed. Vacancies in the membership of the Board shall be selected through alternate strikes by filled in the parties. The party requesting arbitration shall make same manner as is provided herein for the first strikeselection of the original members of the Board.
B. (d) 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 Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee 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 hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barred.
D. (e) The Referee Board shall consider any dispute properly submitted to it according to by an accredited Union Representative or by the Human Resources Manager of the Company or his authorized representative, when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice notice of Intention intention to Appeal appeal is filed within thirty (30) days after the procedure provided for in Article 17 13 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.
(f) Appointments of members of the Board shall be made by the respective Parties within thirty (30) days from the date of the signing of this Agreement and said appointees shall meet in the City of Jericho, N.Y., within forty-five (45) days from the date of the signing of this Agreement, and shall organize and select a Chair and a Vice-Chair, both of whom shall be members of the Board. The term of the office, of Chair and Vice-Chair shall be one year. Thereafter the Board shall designate one of its members to act as Chair and one to act as Vice-Chair for one (1) year terms. Each officer so selected shall serve for one (1) year or until his successor has been selected. The office of the Chair shall be filled and held alternatively by Union member of the Board. When a Union member is Chair, a Company member shall determine be Vice- Chair, and vice versa. The Chair or, in his absence, the order for considering cases.
E. The Referee Vice-Chair shall preside at hearings meetings of the Board and at hearing and shall be designated as Chairman of have a vote in connection with all actions taken by 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 affordedBoard.
F. The hearing (g) After the organization meeting referred to herein, the Board shall take place thereafter meet in the city where the general offices within the United States of the site America of the grievance, Aer Lingus-Irish are maintained (unless a different place of meeting is agreed upon by the Company Board) during the first week in June and the Union. In first week in December of each year, provided that at such times there are cases filed with the event either of the parties is of the belief that the hearing should be held at a site other than as specified aboveBoard for consideration, such party will notify the other party andand shall continue in session until all matters before it have been considered, if both sides agree, the hearing will be conducted at the site unless otherwise mutually agreed upon.
G. The notice of dispute (h) All disputes properly referred to the Referee Board for consideration shall be addressed to the Chair. Five (5) copies of each petition, including all papers and exhibits in writing and will include connection therewith, shall be forwarded to Chair who shall promptly transmit one (1) copy thereof to each member of the followingBoard. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing partyemployee or employees.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. (a) 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 17XIII.
A. (b) The System Board of Adjustment shall consist of three (3) members, one (1) Referee appointed by the Company, one (1) appointed by the Union, and one (1) selected by by, the parties from an ad-hoc a standing panel of five (5) Referees. The Company and the Union union shall agree to request an ad-hoc regional panel upon a list of five (5) Referees from which one will selected, by mutual agreement, to hear any dispute which is referred to arbitration under this Agreement. A Referee may be removed from the Federal Mediation & Conciliation Service which list by either party during the term of this Agreement and in such instances, the parties will select a replacement. Should the Company and the Union be selected through alternate strikes by the parties. The party requesting arbitration unable to agree upon said replacement member(s) they shall make a joint request to the first strikeNational Mediation Board to name interim Referee(s).
B. (c) The foregoing notwithstanding, the parties may agree to select a Referee who is not selected from an ad-hoc a member of the five (5) member panel to hear a case with the Company and the Union Board members and such panel will, for such case, constitute the System Board of Adjustment.
C. (d) The Referee Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee 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 hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barred.
D. (e) The Referee Board shall consider any dispute properly submitted to it according to by an accredited Union Representative or by the Vice-President Human Resources or his authorized representative, when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice of Intention to Appeal is filed within thirty (30) days after the procedure provided for in Article 17 XIII 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 date of notice shall determine the order for considering cases, unless the parties mutually agree otherwise.
E. (f) The Referee office of the “Secretary to the Board” shall alternate January 1st of each year between the Company member of the Board and the Union member of the Board with the Union member serving on even numbered years and the Company member serving on odd numbered years. The Secretary shall give written notice to the Board members and the parties to the dispute in connection with the scheduling of the Board matters.
(g) The neutral member (Referee) shall preside at meetings and hearings of the Board and shall be designated as Chairman of the System Board 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. (h) The hearing Board shall take place meet in the city of the site of the grievanceNew York City, unless a different place of meeting is agreed upon by the Company and the Union. In the event either of the parties is of the belief that the hearing should be held at a site other than as specified aboveNew York City, such party will notify the other party and, if both sides agree, the System Board hearing will be conducted at the site agreed upon.
G. (i) The notice of dispute properly referred to the Referee Board for consideration shall be addressed in writing to the Company member and will the Union member jointly and shall include the following. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing party.
4. Position of other party.
H. (j) Upon filing the notice of dispute, the Company and the Union Board members shall, within ten (10) working days, select a Referee to sit with the Board to settle the dispute and the Secretary of the Board shall advise the appealing party and other party of the name and address of the Referee. If the Board members are unable to agree upon a Neutral Referee within the ten (10) workdays, a joint request will be directed to the Chairman of the National Mediation Board for the appointment of a Neutral Referee.
(k) The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Neutral Referee. If neither party nor the Chairman requests a hearing, such hearing shall be waived.
I. (l) Following the hearing, the Board shall convene in Executive Session, unless both parties mutually agree otherwise. The hearing may be transcribed and Board shall issue its decision at the parties may file written briefs with the Referee following the close conclusion of the hearingExecutive Session, if possible. A However, a written award will be rendered by the Referee to the parties not later than forty-five thirty (4530) calendar workdays following the Executive Session. In no event shall a decision be issued until after an Executive Session has been held if either the Company of the Union Board member has requested such session. In the event there is to be no hearing, the Chairman shall set a date which is agreeable to the board members, for an Executive Session of the Board. The Board shall issue its decision at the conclusion of the Executive Session, if possible. However, a written award will be rendered to the parties not later than thirty (30) days following the filing of the briefsExecutive Session.
J. (m) The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. (n) Employees covered by this Agreement may be represented at Board hearings by such person or persons designated by the Unionas they may choose and designate, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may Board may, at the request of either the Union member or the Company member thereon, call any witnesses who are employed by the Company and who may be deemed necessary to the dispute.
L. (o) A majority of all members of the Board shall be competent to make an award.
(p) Decisions of the Referee Board in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. (q) Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. (r) The parties Board shall maintain a complete record of all matters submitted to arbitrationit for its consideration, and of all findings and decisions mademade by it.
O. (s) Each of the parties will assume the compensation, travel expense and other expense of the Board member selected by it.
(t) Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Companyeither party, will be assumed by the Company. Witnesses who are employees of the Company, if necessary, shall receive free air transportation from the point of duty or assignment to the point at which they must appear as witnesses and return, to the extent permitted by law and mutual agreements with other air carriers.
P. (u) The Company and the UnionUnion members of the System Board, acting jointly by mutual agreementjointly, 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 by each of the parties hereto. If necessary, Board members shall be free air transportation for the purposes of attending meetings of the Board, to the extent permitted by law and mutual agreements with other air carriers.
(v) It is understood and agreed that each and every Board member shall be free to discharge his duty in an independent manner without fear that his individual relations with the Company or with the Union may be affected in any manner by any action taken by him in good faith in his capacity as a Board member.
(w) 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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. A. In compliance with Section 204, Title II, 2 of the Railway Labor Act Act, as amended, there is hereby established a System Board of Adjustment for the purpose of adjusting and deciding all 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 17the grievance procedure.
A. The System B. At the arbitration stage, the Board of Adjustment shall consist of three (3) members, one (1) Referee selected appointed by the parties from an ad-hoc panel of five Company, one (51) Referees. The Company and appointed by the Union shall agree and, for each dispute, one (1) member (hereinafter referred to request an ad-hoc regional panel as the neutral member) selected in accordance with Paragraph E 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 casethis Article.
C. The Referee Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee Board shall not extend to proposed changes in hours of employment, basic rates of compensation, 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 neutral member 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 Board shall preside at meetings and hearings of the Board 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 Board shall take place meet in the city where the general offices of the site of the grievance, Air Wisconsin Airlines are maintained unless a different place of meeting is agreed upon by the Board.
E. Upon filing a request for hearing with the Company member and Union member, the Company and Union shall within fifteen (15) calendar days meet to select a neutral member to sit with the Board in consideration and disposition of the case. If no agreement can be reached within the fifteen (15) calendar day period, the parties will select a neutral arbitrator to serve as the neutral member by striking arbitrators. Upon the selection or appointment of a neutral member, the appealing party shall forward a copy of the submission to the members of the Board. All subsequent documents to be filed with the Board shall be addressed to all three members of the Board. The Chairman shall set a date for hearing which shall be mutually satisfactory with the Union and the Company members of the Board and shall be within sixty (60) calendar days of the date of selection or appointment of the neutral member unless the Company and the Union. In the event either of the parties is of the belief that the hearing should be held at Union have agreed to a site other than as specified above, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed uponmutually satisfactory later date.
G. The notice of dispute properly referred to the Referee for consideration shall be addressed in writing and will include the following. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing party.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. F. Employees covered by this Agreement may be represented at Board hearings by such person or persons designated by the Unionas they may choose and designate, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. G. Decisions of the Referee Board in all cases properly referable to it shall be final and binding upon the parties theretohereto.
H. The decision of the Board shall be rendered within sixty (60) calendar days after the closing of the hearing and/or final briefs have been submitted, and a majority vote of the members of the Board, including the neutral member, shall be necessary to reach such decision. The expense and reasonable compensation of the neutral member selected as provided herein shall be borne equally by the parties hereto, except that as may be otherwise provided under the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing courtRailway Labor Act. The authority time limits specified in this paragraph may be extended by mutual agreement of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary parties to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. I. Nothing herein shall be construed to limit, restrict 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 Act, as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. J. Each of the parties hereto will assume the compensation, travel expenses and other expenses of the its Board member and witnesses called or summoned by it. Compensation of witnesses Witnesses who are employees of the CompanyCompany shall receive free transportation over the lines of the Company in accordance with Company policy.
K. It is understood and agreed that each and every Board member shall be free to discharge his duty in an independent manner, who are summoned without fear that his individual relations with the Company or the Union may be affected in any manner by any action taken by him in good faith in his capacity as a Board member.
L. The parties will have a permanent panel of arbitrators. Arbitrators will be selected from this permanent panel to serve as the neutral member of the System Board of Adjustments. The permanent panel shall consist of seven (7) arbitrators mutually agreed to by the Companyparties in October for the following calendar year. The parties may mutually agree to change a member or members of the permanent panel at the time of the annual selection of panel members.
M. When it is mutually agreed that a stenographic report is to be taken of any hearing, the cost will be assumed borne equally by both parties to the Company.
P. The Company and dispute. In the Union, acting jointly by mutual agreement, shall have the authority to incur such other expenses as in their judgment may be deemed necessary for the proper conduct event that it is not mutually agreed that a stenographic report of the business proceedings will be taken, any transcript made by either party shall be furnished to the other party upon request, provided that the cost of the Board and such expenses written record shall be borne one-half equally by each of both parties to the parties heretodispute.
Appears in 1 contract
Samples: Tentative Agreement
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 arbitratedSection 1. In compliance with Section 204, Title II, II of the Railway Labor Act Act, as amended, there is hereby established a System Board of Adjustment for Adjustment, which shall be known as the purpose of adjusting and deciding disputes or grievances which may arise under “AIR LOGISTICS PILOT’S SYSTEM BOARD OF ADJUSTMENT” (hereinafter referred to as the terms of this Agreement, and which are properly submitted to it after exhausting the procedure for settling disputes, as set forth under Article 17Board).
A. The System Board of Adjustment shall consist of one (1) Referee selected by the parties from an ad-hoc panel of five (5) RefereesSection 2. 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 Board shall have jurisdiction over disputes between any employee covered by this Agreement Pilot and the Company with respect to discipline or discharge, and over grievances or disputes growing out of grievances as processed through the grievance procedureinterpretation or application of this Agreement. The Company and the Union intend that procedures set forth in this Article shall be the exclusive and mandatory forum of all such disputes.
Section 3. The Board shall not have jurisdiction over any disputes unless all of the Referee procedures required in Article 32 have been completely exhausted with respect to the dispute, and the dispute has been properly submitted to the Board pursuant to the provision of this Article.
Section 4. The Board shall not extend have no jurisdiction to proposed changes in hours modify, add to, or otherwise change the terms of employmentthis Agreement, basic or to establish or change the rates of compensationpay, or rules, and working conditions covered by this Agreement or any amendment heretoAgreement.
Section 5. Grievances not timely filed or submitted for arbitration as provided above The Board shall consist of two (2) members, one (1) of whom shall be barred.
D. selected and appointed by the Company and one (1) of whom shall be the President of Local 107 or his designee. Board members shall have a vote in connection with all actions taken by the Board. The Referee Board 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 render its decision in no more than thirty (30) days after the procedure provided for in Article 17 filing of this Agreement has been exhaustedthe appeal.
A. In the event the two (2) member Board is not able to reach a decision with respect to a particular dispute, either party may submit the dispute to a neutral arbitrator within ten (10) days after the two (2) members of the Board reach a deadlock.
Section 6. If not filed within such period, Members of the action Board who are employees of the Company or Union which was the subject shall suffer no loss of pay while attending Board meetings.
Section 7. Decisions of the grievance Board shall become be final and bindingbinding upon the Company, the Union, and the affected Pilot(s).
Section 8. The Union party appealing a final decision under Article 32 shall determine submit the order dispute for considering cases.
E. The Referee shall preside at hearings and shall be designated as Chairman consideration by the Board, within fourteen (14) calendar days of that decision. If the appeal is not made within the fourteen (14) day period, the System Board of AdjustmentAdjustment does not have jurisdiction over the dispute.
Section 9. It All disputes referable to the Board shall be the responsibility of the Chairman to guide the parties in the presentation of testimony, exhibits and arguments at hearings sent to the end that a fair, prompt and orderly hearing Director of the dispute is affordedHuman Resources.
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 Union. In the event either of the parties is of the belief that the hearing should be held at a site other than as specified above, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed upon.
G. The notice of dispute properly referred to the Referee for consideration shall be addressed in writing and will include the followingSection 10. Each case submitted shall showbe addressed to the Members of the Board and state:
1. Question A. The question or questions at issue;
B. A statement of the facts with supporting documents;
C. A reference to the applicable provision(s), if any, of the Agreement alleged to have been breached;
D. The position of the Pilot or Pilots.
2. Statement E. The remedy requested; and
F. The position of factsthe Company.
3Section 11. Position In the event the parties cannot agree on a neutral arbitrator, within ten (10) days thereafter, either party may request that the American Arbitration Association (AAA) submit a list of appealing partyseven (7) potential neutrals, and the neutral shall be selected in accordance with the rules of AAA.
4Section 12. Position of The Company and the Union will assume the travel expense and other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment related expenses of the Referee.
I. The hearing may be transcribed Board Members selected by them, and the parties may file written briefs with the Referee following the close of the hearingwitnesses called by them. A written award will be rendered Expenses for witnesses called by the Referee to the parties not later than fortyBoard shall be borne one-five half (451/2) calendar days following the filing by each of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreementparties. Section 13. The expenses and reasonable compensation of the Referee selected, Neutral selected as provided herein, herein shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.
Appears in 1 contract
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. 3 A. In compliance with Section 204, Title II, 2 of the Railway Labor Act Act, as amended, there is 4 hereby established a System Board of Adjustment Adjustment, hereinafter referred to as "The Board," 5 for the purpose of adjusting and deciding disputes or grievances which may arise under the 6 terms of this Agreement, and which are properly submitted to it after exhausting the 7 procedure for settling disputes, as set forth under in Article 1716 "Grievance Procedure."
A. 8 B. The System Board // will be composed of Adjustment shall consist of one (1) Referee a Company member, // a Union member and a neutral 9 referee selected by the parties from an ad-hoc panel of five (5) RefereesCompany and the // Union. The Unless the Company and the Union shall // 10 agree upon a combination of cases to request an ad-hoc regional panel of five (5) Referees from be presented, each case presented to the Federal Mediation & Conciliation Service which Board // will 11 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 treated as a Referee who is not selected from an ad-hoc panel to hear a separate case.
12 C. The Referee shall Board // will have jurisdiction over disputes between any employee covered by this Agreement Employee or Employees // 13 and the Company growing out of grievances as processed through or out of interpretation or application of any 14 of the grievance procedureterms of this Agreement. The jurisdiction of the Referee shall Board // will not extend to proposed 15 changes in hours of employment, basic rates of compensation, compensation or working conditions 16 covered by this Agreement or any amendment Amendment hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barred.
17 D. The Referee shall Board // will consider any dispute properly submitted to it according by the authorized 18 representative of the // Union, or by the Representative of the Company. Disputes 19 introduced by the // Union // will have been processed in accordance with the terms 20 provided for in this Agreement, under Grievance Procedure, Article 16.
21 E. All disputes properly referred by the // Union to the terms Board for consideration // will be filed 22 with the Company's Vice President in charge of Labor Relations by a Notice of Appeal 23 which must be postmarked within thirty (30) days after final decision in the last step of the above-procedure, provided that 24 grievance procedure set forth in Article 16. A copy of the submission as defined below will 25 be included with the notice of appeal sent to the Company’s Vice President in charge of 26 Labor Relations. All disputes properly referred by the Company to the Board for 27 consideration // will be filed with the // Airline Representative(s) of the Local by a Notice 28 of Intention to Appeal is filed Submission which must be postmarked within thirty (30) days after the procedure provided for Vice President 29 in Article 17 charge of this Agreement has Labor Relations knew or should reasonably have been exhaustedexpected to know of 30 the cause giving rise to the dispute. If not filed within such periodAt the time of the Three // Person Board hearing, the action 31 party referring the dispute will submit to the Board a statement of the Company or Union case 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 Union. In the event either of the parties is of the belief that the hearing should be held at a site other than as specified above, such party // will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed upon.
G. The notice of dispute properly referred to the Referee for consideration shall be addressed in writing and will include the following. Each case submitted shall show32 include:
33 1. Question or questions at issue.;
34 2. Statement of facts.;
35 3. Position of appealing party.Employee or Employees and relief requested; and
36 4. Position of other partyCompany and/or // Union.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. 1 F. Employees covered by this Agreement // may be represented at Board hearings by such person or persons designated by as they may 2 choose and designate, in conformance with the constitution of the // Union, and the . The Company 3 may be represented by such person or persons as it they may choose and designate. Evidence 4 may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions 5 G. A majority vote of all members of the Referee in all cases properly referable to it shall Board // will constitute a decision which // will be 6 final and binding upon on the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court// Parties. The authority decision of the Referee shall Board // will be limited to determining questions arising under this Agreementrendered within 7 sixty (60) days of the close of the hearing, or if briefs are filed, within sixty (60) days of 8 receipt of briefs.
9 H. 1. The Referee shall not legislate Board // will meet and shall have no authority consider each Grievance properly appealed to modify, alter or change any it at a time 10 and place set by // agreement of the terms of this Agreement, to interpret a term contrary // Parties no later than one hundred twenty (120) 11 days subsequent to the term's definition within this Agreement, to change existing wage rates or to establish proper submission of a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either case to the employees Board as set forth in 12 Paragraph E. above. If either the Company or to the CompanyUnion consider the matter of 13 sufficient urgency and importance, or their duly accredited representatives, under the Board // will meet not more than sixty (60) 14 days after request of either party in accordance with the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.Paragraph E.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SYSTEM BOARD OF ADJUSTMENT. Only grievances having A. There is hereby established, pursuant 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, the provisions of the Railway Labor Act Act, as amended, there is hereby established a System an Adjustment Board. This Board of Adjustment for the purpose of adjusting and deciding disputes or grievances which will handle such matters as may arise under the terms of this Agreement, and which are be properly submitted referred to it after exhausting the procedure for settling disputes, as set forth under Article 17it.
A. The System B. This Board will be composed of Adjustment shall consist of two (2) members, one (I) selected by the Company and one (1) Referee selected by the parties from an ad-hoc panel of five (5) Referees. The Company Union 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 casemeet quarterly.
C. The Referee shall This Adjustment Board will have no jurisdiction whatsoever over proposals or 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 relating to proposed changes in hours of employmentwork, basic rates of compensationpay, rules or working conditions covered by this Agreement or any amendment hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barredconditions.
D. The Referee shall consider members of the Board will select a Chairman whose term of office will be one (1) year, provided that the office of Chairman will be filled alternatively by a member representative of the Company and a member representative of the Union.
E. The Chairman will preside at meetings of the Board and will have a vote on the adoption of all decisions of the board.
F. All disputes properly referred to the Board for consideration will be addressed to the Chairman. Three (3) copies of each petition, including all papers and exhibits in connection therewith, will be forwarded to the Chairman who will promptly transmit one copy to the other Board member.
(1) Question or questions at issue;
(2) Statement of facts;
(3) Position of employee or employees and I or Union; and
(4) Position of the Company.
G. A majority vote of all members of the Board will be sufficient to make a finding or decision with respect to 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 Union. In the event either of the parties is of the belief that the hearing should be held at a site other than as specified above, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed upon.
G. The notice of dispute properly referred to the Referee for consideration shall be addressed in writing and will include the following. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing party.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Unionit, and the Company may be represented by such person findings or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases properly referable to it shall decision will be final and binding upon the parties theretoto such dispute.
H. Upon failure of the Board to agree upon the finding or decision because of inability to secure a majority vote of all members of the Board, except the Board will forthwith agree upon and select an impartial person to be known as a "referee" to sit with the Board as an additional member thereof in the further hearing and determination of the case. If the Board is unable to agree upon the selection of such additional member within fifteen (15) days, the moving party will have an additional fifteen (15) days, within which to request the National Mediation Board to name a panel of seven (7) referees from which each party may strike three (3). If a request is not made, the matter will be deemed closed but without precedential value. When a panel is requested and stricken, the remaining referee will be appointed to the System Board as the referee and when so named, the Board will immediately arrange for a determination of the dispute by such "referee".
I. In cases involving medical disputes, the parties agree that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority members of the Referee shall be limited System Board should give consideration to determining questions arising under this Agreement. The Referee shall not legislate all evidence presented, including evidence, if any from a Company or employee physician.
J. Findings and shall have no authority to modify, alter or change any decisions of the terms Board will be stated in writing, and the decision of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rateBoard will be final and binding upon all parties thereto.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. K. The parties shall maintain Board will keep a complete and accurate record of all matters submitted to arbitration, for its consideration and of all findings and decisions made.
O. L. All expenses of the Board, including those incurred by reason of participation of a "referee" in the determination of the controversy, as herein provided, will be borne one-half (1/2) by the Company and one-half (1/2) by the Union. The salary or compensation of members of the Board will be paid by the parties selecting such members. So far as space is available, Board members shall receive free transportation, subject to pay load, over the lines of the Company from point of duty to point of a Board meeting and return.
M. Each of the parties hereto will assume the compensation, travel expenses, and other expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, .
N. It is understood that each Board member will be assumed free to discharge his duty in an independent manner without fear that his individual relations with the company or with the employees hereunder may be affected in any manner by the Companyany action taken by him in good faith in his capacity as a Board member.
P. The Company and O. If the UnionUnion elects to appeal any discharge or discipline over thirty (30) days, acting jointly by mutual agreement, it shall have go directly to the authority to incur such other expenses as in their judgment may be deemed necessary for the proper conduct of the business of the System Board and such expenses shall be borne one-half by each of the parties heretolevel.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. A. In compliance with Section 204, Title II, II of the Railway Labor Act 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, Agreement and which are properly submitted to it after exhausting the procedure for settling disputes, as set forth under Article 17this Article.
A. B. The System Board of Adjustment shall consist of one (1) Referee impartial member selected by the parties from an ad-hoc a panel of five (5) RefereesArbitrators. The Company and or the Union may appoint a three (3) member System Board, one member of which shall agree to request be 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 caseimpartial arbitrator.
C. The Referee shall have jurisdiction over disputes between any employee covered by this Agreement and A panel of Arbitrators is hereby established for the Company growing out purpose of grievances as processed through providing 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 sole member of the System Board of Adjustment. It shall be the responsibility of the Chairman to guide the parties in the presentation of testimony, exhibits The following rules and arguments at hearings procedures apply to the end that a fair, prompt and orderly hearing panel 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 Union. In the event either of the parties is of the belief that the hearing should be held at a site other than as specified above, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed upon.
G. The notice of dispute properly referred to the Referee for consideration shall be addressed in writing and will include the following. Each case submitted shall showArbitrators:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing party.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after Arbitrators selected for the appointment panel shall serve for the duration of the Referee.
I. The hearing Agreement; however, any Arbitrator may be transcribed and removed from the parties may file written briefs with the Referee following the close panel by a unilateral decision of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement either of the parties to this Agreement. The expenses and reasonable compensation of Should any member be removed, the Referee selectedparty who originally selected the Arbitrator will name a replacement. Once an Arbitrator is removed from the panel, as provided herein, shall he cannot be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary returned to the dispute.
L. Decisions of panel for the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms duration of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein 2) The panel will consist of six (6) Arbitrators, three (3) to be selected by each party. The alternate striking method will be utilized in selecting an Arbitrator from the panel for the hearing of a grievance. If the Arbitrator selected is not available within ninety (90) calendar days from the selection date, the last struck Arbitrator will be contacted to hear the case. This procedure shall be construed to limit, restrict or abridge continue until an Arbitrator is available within the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amendedaforementioned time constraints.
N. D. The parties Board shall maintain a complete record of all matters submitted to arbitrationmeet in an appropriate meeting room in the city where the employee filing the grievance is stationed unless, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.agree to a different location to hear the grievance(s)
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. A. In compliance with Section 204, Title II2, of the Railway Labor Act Act, as amended, there is hereby established a System Board of Adjustment for the purpose of adjusting and deciding all disputes or grievances which may arise under the terms of this Agreement, and which are properly submitted to it after exhausting the procedure procedures for settling disputes, as set forth under Article 17the grievance procedure.
A. B. The System Board of Adjustment shall consist of three (3) members, one (1) Referee selected appointed by the parties from an ad-hoc panel of five Company, one (51) 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 appointed by the parties. The party requesting arbitration shall make Union, and for each dispute, one (1) member (hereinafter referred to as the first strike.
B. The foregoing notwithstanding, the parties may agree to select a Referee who is not neutral member) selected from an ad-hoc panel to hear a casein accordance with Paragraph E of this Article.
C. The Referee Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee Board shall not extend to proposed changes in hours of employment, basic rates of compensation, or compensation of 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 neutral member 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 Board shall preside at meetings and hearings of the Board 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 exhibits, and arguments at hearings to the end that a fair, prompt prompt, and orderly hearing of the dispute is afforded.
F. . The hearing Board shall take place meet in the city where the general offices of the site of the grievance, Air Wisconsin Airlines are maintained unless a different place of meeting is agreed upon by the Board.
E. The System Board of Adjustment shall consider any dispute properly submitted to it by the Union and the Company that has not previously been settled. Upon filing of a submission with the Board, the Company and the Union. In the event either of the parties is of the belief that the hearing should be held at a site other than as specified aboveUnion will, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed upon.
G. The notice of dispute properly referred to the Referee for consideration shall be addressed in writing and will include the following. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing party.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after calendar days, select one arbitrator for each case to sit as the Chairperson. If selection cannot be made by agreement, then the parties will alternately strike names from the list agreed upon by the parties until one remains and that individual shall service as chair. Upon selection or the appointment of an arbitrator, the Refereeappealing party shall forward a copy of the submission to the members of the Board. All subsequent documents to be filed with the Board shall be addressed to all three (3) members of the Board. In the month of December of each year, either party may remove an arbitrator(s) from the panel referenced above. In the event a party removes an arbitrator from the panel, the parties will agree to replace the removed arbitrator(s) within sixty (60) days of removal.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. F. Employees covered by this Agreement may be represented at Board hearings by such person or persons designated by the Unionas they may choose and designate, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. G. Decisions of the Referee Board in all cases properly referable to it shall be final and binding upon the parties theretohereto.
H. The parties will request that the decision of the Board be rendered within sixty (60) calendar days after the closing of the hearing and/or final briefs have been submitted, and a majority vote of the members of the Board, including the neutral member, shall be necessary to reach such decision. The expenses and reasonable compensation of the neutral member selected as provided herein shall be borne equally by the parties hereto, except that as may be otherwise provided under the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing courtRailway Labor Act. The authority time limits specified in this paragraph may be extended by mutual agreement of the Referee shall be limited parties to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. I. 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 Act, as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. J. Each of the parties hereto will assume the expenses compensation travel expense and other expense of the its Board members and witnesses called or summoned by it. Compensation of The Company will provide witnesses who are employees of the CompanyCompany with travel passes in accordance with IRS regulations and the Company Marketing Partner(s) Agreement(s).
K. It is understood and agreed that each and every Board member shall be free to discharge his duty in an independent manner, who are summoned without fear that his individual relations with the Company or with the Union may be affected by any action taken by him in good faith in his capacity as a Board member.
L. If necessary, the CompanyManaging Director of Human Resources and the District Lodge General Chair shall meet at least every six (6) months in an attempt to settle any grievances scheduled for the System Board of Adjustment.
M. When it is mutually agreed that a stenographic report is to be taken of any hearing, the cost will be assumed borne equally by both parties to the Company.
P. The Company and dispute. In the Union, acting jointly by mutual agreement, shall have the authority to incur such other expenses as in their judgment may be deemed necessary for the proper conduct event that it is not mutually agreed that a stenographic report of the business proceedings will be taken, any transcript made by either party shall be furnished to the other party upon request, provided that the cost of the Board and such expenses written record shall be borne one-half equally by each of both parties to the parties heretodispute.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. (a) 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 17XIII.
A. (b) The System Board of Adjustment shall consist of three (3) members, one
(1) appointed by the Company, one (1) Referee appointed by the Union, and one (1) selected by the parties from an ad-hoc a standing panel of five (5) Referees. The Company and the Union shall agree to request an ad-hoc regional panel upon a list of five (5) Referees from which one will selected, by mutual agreement, to hear any dispute which is referred to arbitration under this Agreement. A referee may be removed from the Federal Mediation & Conciliation Service which list by either party during the term of this Agreement and in such instances, the parties will select a replacement. Should the Company and the Union be selected through alternate strikes by the parties. The party requesting arbitration unable to agree upon said replacement member(s) they shall make a joint request to the first strikeNational Mediation Board to name interim Referee(s).
B. (c) The foregoing notwithstanding, the parties may agree to select a Referee who is not selected from an ad-hoc a member of the five (5) member panel to hear a case with the Company and the Union Board members and such panel will, for such case, constitute the System Board of Adjustment.
C. (d) The Referee Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee 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 hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barred.
D. (e) The Referee Board shall consider any dispute properly submitted to it according to by an accredited Union Representative or by the Vice-President Human Resources or his authorized representative, when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice of Intention to Appeal is filed within thirty (30) days after the procedure provided for in Article 17 XIII 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 date of notice shall determine the order for considering cases, unless the parties mutually agree otherwise.
E. (f) The Referee office of the “Secretary to the Board” shall alternate January 1st of each year between the Company member of the Board and the Union member of the Board with the Union member serving on even numbered years and the Company member serving on odd numbered years. The Secretary shall give written notice to the Board members and the parties to the dispute in connection with the scheduling of the Board matters.
(g) The neutral member (Referee) shall preside at meetings and hearings of the Board and shall be designated as Chairman of the System Board 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. (h) The hearing Board shall take place meet in the city of the site of the grievanceNew York City, unless a different place of meeting is agreed upon by the Company and the Union. In the event either of eitherof the parties is of the belief that the hearing should be held at a site other than as specified aboveNew York City, such party will notify the other party and, if both sides agree, the System Board hearing will be conducted at the site agreed upon.
G. (i) The notice of dispute properly referred to the Referee Board for consideration shall be addressed in writing to the Company member and will the Union member jointly and shall include the following. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing party.
4. Position of other party.
H. (j) Upon filing the notice of dispute, the Company and the Union Board members shall, within ten (10) working days, select a Referee to sit with the Board to settle the dispute and the Secretary of the Board shall advise the appealing party and other party of the name and address of the Referee. If the Board members are unable to agree upon a Neutral Referee within the ten (10) workdays, a joint request will be directed to the Chairman of the National Mediation Board for the appointment of a Neutral Referee.
(k) The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the RefereeNeutral referee. If neither party nor the Chairman requests a hearing, such hearing shall be waived.
I. (l) Following the hearing, the Board shall convene in Executive Session, unless both parties mutually agree otherwise. The hearing may be transcribed and Board shall issue its decision at the parties may file written briefs with the Referee following the close conclusion of the hearingExecutive Session, if possible. A However, a written award will be rendered by the Referee to the parties not later than forty-five thirty (4530) calendar workdays following the Executive Session. In no event shall a decision be issued until after an Executive Session has been held if either the Company of the Union Board member has requested such session. In the event there is to be no hearing, the Chairman shall set a date which is agreeable to the board members, for an Executive Session of the Board. The Board shall issue its decision at the conclusion of the Executive Session, if possible. However, a written award will be rendered to the parties not later than thirty (30) days following the filing of the briefsExecutive Session.
J. (m) The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. (n) Employees covered by this Agreement may be represented at Board hearings by such person or persons designated by the Unionas they may choose and designate, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may Board may, at the request of either the Union member or the Company member thereon, call any witnesses who are employed by the Company and who may be deemed necessary to the dispute.
L. (o) A majority of all members of the Board shall be competent to make an award.
(p) Decisions of the Referee Board in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. (q) Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. (r) The parties Board shall maintain a complete record of all matters submitted to arbitrationit for its consideration, and of all findings and decisions mademade by it.
O. (s) Each of the parties will assume the compensation, travel expense and other expense of the Board member selected by it.
(t) Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Companyeither party, will be assumed by the Company. Witnesses who are employees of the Company, if necessary, shall receive free air transportation from the point of duty or assignment to the point at which they must appear as witnesses and return, to the extent permitted by law and mutual agreements with other air carriers.
P. (u) The Company and the UnionUnion members of the System Board, acting jointly by mutual agreementjointly, 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 by each of the parties hereto. If necessary, Board members shall receive free air transportation for the purposes of attending meetings of the Board, to the extent permitted by law and mutual agreements with other air carriers.
(v) It is understood and agreed that each and every Board member shall be free to discharge his duty in an independent manner without fear that his individual relations with the Company or with the Union may be affected in any manner by any action taken by him in good faith in his capacity as a Board member.
(w) 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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SYSTEM BOARD OF ADJUSTMENT. Only grievances having A. There are hereby established, pursuant 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, the provisions of the Railway Labor Act Act, as amended, there is hereby established a boards of adjustment, called the Envoy 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“Envoy System Board”).
A. B. The Envoy System Board will be composed of Adjustment shall consist of three (3) members, one (1) Referee selected by the Company, one (1) selected by the Union and an impartial arbitrator jointly selected by the parties. In the event the parties from are unable to agree on a selection of an ad-hoc panel arbitrator, either party may request the National Mediation Board to provide a list of five seven (57) Refereesneutrals. 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 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 or any employee covered governed 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, involving interpretations 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 applications 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 as well as discipline and binding. The Union shall determine the order for considering casesdischarge cases arising under this Agreement.
E. The Referee shall preside at hearings and shall A dispute submitted to the Envoy System Board will be designated as Chairman in the form of a request submitted by either party stating the position of the System Board of Adjustmentparty submitting the grievance. It shall Union submissions will be the responsibility of the Chairman to guide the parties in the presentation of testimony, exhibits and arguments at hearings submitted to the end that Company’s Labor Relations Department and will be assigned a fair, prompt and orderly hearing of the dispute is affordedcase number.
F. The Envoy System Board will docket cases for hearing shall take place 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 the city of the site of the grievance, DFW unless a different place of meeting location is agreed upon by the Company and the Union. In the event either of the parties is of the belief that the hearing should be held at a site other than as specified above, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed uponBoard members.
G. The notice Board may summon any necessary witness(s) and relevant non-confidential records of dispute properly referred to the Referee for consideration shall be addressed in writing Company and will include the following. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing party.
4. Position of other partyemployee involved.
H. The parties advocates will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing exchange all documents they may be transcribed enter and the parties names of witnesses they may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not call in their direct case no later than forty-five (45) calendar days following prior to the filing date set for all Envoy System Board hearings. Upon mutual agreement both parties may waive the days for documents exchange and witness names as listed above. Additionally, nothing shall prevent either party from exchanging any or all documents and witness names prior to the calendar days listed above.
I. A majority vote of the briefs.
J. The time limits expressed in this Article may Board will provide full and complete authority to compromise and otherwise settle any and all grievances presented to it. Any settlement or agreement reached on any grievance will be extended by mutual agreement binding upon the Union, the employee, and the Company. A majority vote of all members of the parties to this Agreement. The expenses and reasonable compensation of the Referee selectedEnvoy System Board panel, as provided herein, shall will be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person competent to make a finding or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call decision with respect to any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases dispute properly referable submitted to it shall and such finding or decision will be final and binding upon all parties, including the parties theretogrievant(s), except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. dispute.
J. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall Envoy System Board panel will have no authority power to modify, alter amend or change modify this Agreement or any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates written agreements or addenda supplementary hereto or to establish a any new wage rateterms or conditions of the same.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. K. The parties shall maintain Envoy System Board will keep a complete and accurate record of all matters submitted to arbitration, for its considerations and of all findings and decisions made.
O. Each . Such findings and decisions of the parties hereto Board will assume be stated in writing and, in each case, a copy of the finding or decision will be furnished to the Company, the Union, and such employees who are a party to the dispute. CWA Agreement System Board of Adjustment
L. All hearing expenses of the witnesses called or summoned Board including those incurred by it. Compensation of witnesses who are employees the arbitrator in the determination of the Company, who are summoned by the Company, controversy as herein will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each the Company and one- half by the Union. The salary or compensation of the members of the Board, if any, will be paid by the parties heretoselecting such member; except that Board members who are employees of the Company will be granted necessary leaves of absence without loss of pay to attend Board meetings.
M. Board members who are employees of the Company shall receive free round trip transportation on space positive status over the Company system from the point of duty or assignment to the location of the System Board hearing, in accordance with Company travel policy and to the extent permitted by law. Article 31: Union Security and Page 55 of 60 Maintenance of Membership CWA Agreement
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. (a) 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 grievances, which may arise under the terms of this Agreement, and which are properly submitted to it after exhausting the procedure for settling disputes, disputes as set forth under Article 17XIII. However, by mutual agreement, any cases properly referable to this Board may be submitted to arbitration in the first instance.
A. (b) The System Board of Adjustment shall consist of three (3) members; one (1) Referee selected by the parties from an ad-hoc panel of five Union, one (51) Referees. The selected by the Company and one (1) neutral member who has been agreed between the Union shall agree parties to request an ad-hoc regional panel adjudicate grievances that may arise following the ratification and signing of five this Agreement that are not resolved in the grievance procedure.
(5c) Referees Members of the Board will serve for one (1) year from the Federal Mediation & Conciliation Service which will date of their appointment, or until their successors have been duly appointed. Vacancies in the membership of the Board shall be selected through alternate strikes by filled in the parties. The party requesting arbitration shall make same manner as is provided herein for the first strikeselection of the original members of the Board.
B. (d) 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 Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee 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 hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barred.
D. (e) The Referee Board shall consider any dispute properly submitted to it according to by an accredited Union Representative or by the Human Resources Manager of the Company or his authorized representative, when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice notice of Intention intention to Appeal appeal is filed within thirty (30) days after the procedure provided for in Article 17 XIII 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.
(f) Appointments of members of the Board shall be made by the respective Parties within thirty (30) days from the date of the signing of this Agreement and said appointees shall meet in the City of Jericho, N.Y., within forty-five (45) days from the date of the signing of this Agreement, and shall organize and select a Chairman and a Vice-Chairman, both of whom shall be members of the Board. The term of the office, of Chairman and Vice-Chairman shall be one
(1) year. Thereafter the Board shall designate one of its members to act as Chairman and one to act as Vice-Chairman for one (1) year terms. Each officer so selected shall serve for one (1) year or until his successor has been selected. The office of the Chairman shall be filled and held alternatively by Union member of the Board. When a Union member is Chairman, a Company member shall determine be Vice- Chairman, and vice versa. The Chairman or, in his absence, the order for considering cases.
E. The Referee Vice-Chairman shall preside at hearings meetings of the Board and at hearing and shall be designated as Chairman of have a vote in connection with all actions taken by 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 affordedBoard.
F. The hearing (g) After the organization meeting referred to herein, the Board shall take place thereafter meet in the city where the general offices within the United States of the site America of the grievance, Aer Lingus-Irish are maintained (unless a different place of meeting is agreed upon by the Company Board) during the first week in June and the Union. In first week in December of each year, provided that at such times there are cases filed with the event either of the parties is of the belief that the hearing should be held at a site other than as specified aboveBoard for consideration, such party will notify the other party andand shall continue in session until all matters before it have been considered, if both sides agree, the hearing will be conducted at the site unless otherwise mutually agreed upon.
G. The notice of dispute (h) All disputes properly referred to the Referee Board for consideration shall be addressed to the Chairman. Five (5) copies of each petition, including all papers and exhibits in writing and will include connection therewith, shall be forwarded to Chairman who shall promptly transmit one (1) copy thereof to each member of the followingBoard. Each case submitted shall show:
(1. ) Question or questions at issue.
(2. ) Statement of facts.
(3. ) Position of appealing partyemployee or employees.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 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 procedures for settling disputes, as set forth under Article 17.
A. 13. The System Board of Adjustment shall consist of three (3) members; one (1) Referee appointed by the Company, one (1) appointed by the Union and one (1) neutral arbitrator selected by the parties. If the parties from an ad-hoc panel are unable to agree upon a neutral or a method of five (5) Refereesselecting him, they shall select him by utilizing the labor arbitration procedures of the American Arbitration Association. The Unless the Company and the Union agree upon a combination of cases to be presented to an arbitrator, each case presented to the Board 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 partiestreated as a separate case. 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 Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through grievances, interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee Board shall not extend to proposed changes in hours of employment, basic rates of compensation, 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 Board shall consider any dispute properly submitted to it according to by the General Chairperson of the Union or his authorized representative, or by the Personnel Manager or his authorized representative when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice notice of Intention to Appeal the dispute 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 bindingon a timely basis. The Union date of appeal shall determine the order for of considering cases, unless the parties mutually agree otherwise.
E. (A) The Referee neutral arbitrator shall preside at meetings and hearings and shall be designated as Chairman of the System Board of Adjustment. It shall be the responsibility of the Chairman arbitrator 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. (B) After his appointment, the neutral arbitrator shall set a date for hearing scheduled within thirty (30) calendar days.
(C) Such arbitrator shall hear and determine the dispute or controversy as prompt as possible. The hearing Board, by majority vote, shall take place issue a finding and award in the city writing within thirty (30) days of the site close of the grievancehearing. The decision of the Board shall be final, unless a different place binding and conclusive on the parties thereto. Such decision shall be within the scope and terms of meeting is agreed upon this Agreement but shall not change any of its terms or conditions. The arbitrator shall answer the question or questions submitted to him.
(D) All submissions of disputes referred to the arbitrator shall be addressed to the arbitrator by the Company and the Union. In the event either One (1) copy of the parties is of the belief that the hearing should submission shall be held at a site other than as specified above, such party will notify served on the other party and, if both sides agree, the hearing will be conducted at the site agreed upon.
G. The notice of dispute properly referred to the Referee for consideration shall be addressed in writing and will include the followingthis Agreement. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing partyemployee or employees and/or Union.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SYSTEM BOARD OF ADJUSTMENT. Only grievances having A. There is hereby established, pursuant 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, the provisions of the Railway Labor Act Act, as amended, there is hereby established a System Board of Adjustment for Adjustment, called the purpose “Envoy Air Inc”. “System Board 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 17Adjustment”.
A. B. The System Board will be composed of Adjustment shall consist of three (3) members, one
(1) selected by the Company and one (1) Referee selected by the parties from an ad-hoc panel of five Union and one (51) 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 neutral arbitrator jointly 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 System Board will have jurisdiction over disputes between the Company and the Union or any employee covered governed by this Agreement and the Company growing out of grievances as processed through involving interpretations or applications of this Agreement; or disputes between the grievance procedure. The jurisdiction of Company and the Referee shall not extend to proposed changes in hours of employment, basic rates of compensation, Union involving discharge or working conditions covered by this Agreement or any amendment hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barreddiscipline.
D. The Referee shall consider any A dispute properly submitted to it according the System Board will be in the form of a petition submitted by either party and stating the position of the party submitting the grievance. Union submissions will be submitted to the terms of Transport Workers Union Air Transport Division office and assigned a case number. Time limits will not begin running until the above-procedure, provided that Notice of Intention to Appeal date a case number 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 assigned and binding. The Union shall determine the order for considering casesdocketed.
E. The Referee shall preside at hearings written appeal will be sent to the Transport Workers Union Air Transport Division office in the form of a petition. The Transport Workers Union Air Transport Division office will assign a case number and shall forward the appeal and two (2) copies, with the case number noted on each, to the Labor Relations Department. The scheduling of cases to be designated as Chairman of heard before the System Board of Adjustment. It shall be is an administrative matter addressed by mutual agreement between the responsibility of Union and 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 affordedCompany.
F. The hearing shall take place System Board hearings will generally be held in DFW for all interpretation and application grievances. Discipline and Discharge grievances will be held at the city of location where the site of the grievance, grievance was filed unless a different place of meeting location is agreed upon by the Company and the Union. In the event either Union System Board members.
G. The System Board may summon any necessary witness(s) and relevant non-confidential records of the parties is Company and the employee involved. An employee will not be required to testify unless he was a first-hand witness. The Company and the Union will cooperate to ensure that all witnesses summoned by the Board will appear in a timely fashion. The Union will limit its requests for the number of witnesses in order to not interfere with the service of the belief that Company. Reasonable requests by the hearing should be held at a site other than as specified above, such party will notify the other party and, if both sides agree, Union for employee witnesses deemed essential to the hearing will be conducted honored, provided the approval of the requests for witnesses will not result in interference with the service of the Company. To meet the interests of the Union and the Company with regard to this provision, the Company may require employees acting as witnesses to make every reasonable effort to shift trade to make themselves available to appear at the site agreed uponhearing, prior to being released.
G. The notice of dispute properly H. Disputes arising from paragraph G will be immediately referred to the Referee for consideration shall be addressed in writing and will include the following. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing party.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment Director of the RefereeAir Division and the Vice-President- Legal/Labor/employment, or their respective designees for resolution.
I. The hearing advocates will exchange all documents they may be transcribed enter and the parties names of witnesses they may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not call in their direct case no later than forty-five (45) calendar days following prior to the filing of date set for all System Board hearings. Upon mutual written agreement both parties may waive the briefsdays for document exchange and witness names as listed above. Additionally nothing shall prevent either party from exchanging any or all documents and witness names prior to the calendar days listed above.
J. 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 time limits expressed in this Article may be extended by mutual agreement parties will select one (1) neutral arbitrator to serve as the third (3rd) member of the parties to this AgreementSystem Board by alternately striking names from the list submitted by the National Mediation Board. The expenses and reasonable compensation party to strike first will be determined by which party struck last in the preceding arbitration by local.
K. A majority vote of all members of the Referee selected, System Board as provided herein, shall will be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person competent to make a finding or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call decision with respect to any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases dispute properly referable submitted to it shall and such finding or decision will be final and binding upon all parties, including the parties theretogrievant(s), except that to such dispute. System Board findings and decisions will be stated in writing and will be rendered within forty-five (45) calendar days from the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority close of the Referee shall be limited to determining questions arising under this Agreementhearing, unless the period is extended by agreement of the panel members. (Letter A is inserted below)
L. The Referee shall not legislate and shall System Board panel will have no authority power to modify, alter amend or change modify this Agreement or any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates written agreements or addenda supplementary hereto or to establish a any new wage rateterms or conditions of the same.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain System Board will keep a complete and accurate record of all matters submitted to arbitration, for its considerations and of all findings and decisions made. Such findings and decisions of the System Board will be stated in writing and in each case a copy of the finding or decision will be furnished to the Company, the Union, and such employees who are a party to the dispute.
O. Each of the parties hereto will assume the N. All expenses of the witnesses called System Board, including those of the neutral arbitrator in the determination of the controversy as herein provided, will be borne one-half (1/2) by the Company and one- half (1/2) by the Union. The salary or summoned compensation of the members of the System Board, if any, will be by it. Compensation of witnesses the parties selecting its member; except that System Board members who are employees of the Company, who are summoned by Company will be granted necessary time off without loss of pay to attend System Board meetings. System Board members will receive space available transportation over the lines of the Company from point of duty to point of meetings of the System Board.
O. Essential witnesses and representatives will be furnished space available transportation over the Company's lines without charge to, will be assumed by the Companypoint of hearing and return.
P. (moved from letter A) Procedures for Finalizing Awards: The Company following procedures are provided in order to standardize the arbitration process and avoid any controversy regarding the Union, acting jointly deliberations and discussions associated with the publication of System and Area Boards of Adjustment awards:
1. Executive Sessions for every case should take place at the conclusion of the hearing or at such time as agreed upon by mutual agreement, shall have a majority of the authority to incur such other expenses as in their judgment System Board at the conclusion of the Hearing. This postponed session may be deemed necessary for due to the proper conduct submission of briefs or other post- hearing issues, and should be the exception, not the rule.
2. An arbitrator’s draft decision, distributed to the Union and Company System Board members unsigned, may be changed to any extent agreeable to a majority of the business System Board. A written decision once executed and signed by the neutral arbitrator, will only be modified as to content by agreement of all System Board members.
3. The System Board members are not to discuss the decision of the Board and such expenses shall be borne one-half by each with anyone other than the System Board members prior to the publication of the parties heretoaward by the administrator of the System Board.
4. No ex parte communication concerning the case (that is, discussion held without the presence of the full System Board) is permitted at any time.
5. The details of the Board’s deliberations must be held confidential by virtue of the Boards intended neutrality. No System Board member should divulge the nature or content of the discussions held between the System Board members in reaching their decision.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. (a) 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 grievances, which may arise under the terms of this Agreement, and which are properly submitted to it after exhausting the procedure for settling disputes, disputes as set forth under Article 17XIII. However, by mutual agreement, any cases properly referable to this Board may be submitted to arbitration in the first instance.
A. (b) The System Board of Adjustment shall consist of three (3) members; one (1) Referee selected by the parties from an ad-hoc panel of five Union, one (51) Referees. The selected by the Company and one (1) neutral member who has been agreed between the Union shall agree parties to request an ad-hoc regional panel adjudicate grievances that may arise following the ratification and signing of five this Agreement that are not resolved in the grievance procedure.
(5c) Referees Members of the Board will serve for one (1) year from the Federal Mediation & Conciliation Service which will date of their appointment, or until their successors have been duly appointed. Vacancies in the membership of the Board shall be selected through alternate strikes by filled in the parties. The party requesting arbitration shall make same manner as is provided herein for the first strikeselection of the original members of the Board.
B. (d) 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 Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee 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 hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barred.
D. (e) The Referee Board shall consider any dispute properly submitted to it according to by an accredited Union Representative or by the Human Resources Manager of the Company or his authorized representative, when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice notice of Intention intention to Appeal appeal is filed within thirty (30) days after the procedure provided for in Article 17 XIII 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.
(f) Appointments of members of the Board shall be made by the respective Parties within thirty (30) days from the date of the signing of this Agreement and said appointees shall meet in the City of Jericho, N.Y., within forty-five (45) days from the date of the signing of this Agreement, and shall organize and select a Chairman and a Vice-Chairman, both of whom shall be members of the Board. The term of the office, of Chairman and Vice-Chairman shall be one (1) year. Thereafter the Board shall designate one of its members to act as Chairman and one to act as Vice-Chairman for one (1) year terms. Each officer so selected shall serve for one (1) year or until his successor has been selected. The office of the Chairman shall be filled and held alternatively by Union member of the Board. When a Union member is Chairman, a Company member shall determine be Vice-Chairman, and vice versa. The Chairman, or in his absence, the order for considering cases.
E. The Referee Vice-Chairman, shall preside at hearings meetings of the Board and at hearing, and shall be designated as Chairman of have a vote in connection with all actions taken by the System Board. After the organization meeting referred to herein, the 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 thereafter meet in the city where the general offices within the United States of the site America of the grievance, Aer Lingus-Irish are maintained (unless a different place of meeting is agreed upon by the Company Board) during the first week in June and the Union. In first week in December of each year, provided that at such times there are cases filed with the event either of the parties is of the belief that the hearing should be held at a site other than as specified aboveBoard for consideration, such party will notify the other party andand shall continue in session until all matters before it have been considered, if both sides agree, the hearing will be conducted at the site unless otherwise mutually agreed upon.
G. The notice of dispute (g) All disputes properly referred to the Referee Board for consideration shall be addressed to the Chairman. Five (5) copies of each petition, including all papers and exhibits in writing and will include connection therewith, shall be forwarded to Chairman who shall promptly transmit one (1) copy thereof to each member of the followingBoard. Each case submitted shall show:
(1. ) Question or questions at issue.
(2. ) Statement of facts.
(3. ) Position of appealing partyemployee or employees.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. (a) 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 17XIII.
A. (b) The System Board of Adjustment shall consist of three (3) members, one (1) Referee appointed by the Company, one (1) appointed by the Union, and one (1) selected by by, the parties from an ad-hoc a standing panel of five (5) Referees. The Company and the Union union shall agree to request an ad-hoc regional panel upon a list of five (5) Referees from the Federal Mediation & Conciliation Service which one will be selected through alternate strikes selected, by mutual agreement, to hear any dispute which is referred to arbitration under this Agreement. A Referee may be removed from the partieslist by either party during the term of this Agreement and in such instances, the parties will select a replacement. The party requesting arbitration Should the Company and the Union be unable to agree upon said replacement member(s) they shall make a joint request to the first strikeNational Mediation Board to name interim Referee(s).
B. (c) The foregoing notwithstanding, the parties may agree to select a Referee who is not selected from an ad-hoc a member of the five (5) member panel to hear a case with the Company and the Union Board members and such panel will, for such case, constitute the System Board of Adjustment.
C. (d) The Referee Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee 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 hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barred.
D. (e) The Referee Board shall consider any dispute properly submitted to it according to by an accredited Union Representative or by the Vice-President Human Resources or his authorized representative, when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice of Intention to Appeal is filed within thirty (30) days after the procedure provided for in Article 17 XIII 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 date of notice shall determine the order for considering cases, unless the parties mutually agree otherwise.
E. (f) The Referee office of the “Secretary to the Board” shall alternate January 1st of each year between the Company member of the Board and the Union member of the Board with the Union member serving on even numbered years and the Company member serving on odd numbered years. The Secretary shall give written notice to the Board members and the parties to the dispute in connection with the scheduling of the Board matters.
(g) The neutral member (Referee) shall preside at meetings and hearings of the Board and shall be designated as Chairman of the System Board 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. (h) The hearing Board shall take place meet in the city of the site of the grievanceNew York City, unless a different place of meeting is agreed upon by the Company and the Union. In the event either of the parties is of the belief that the hearing should be held at a site other than as specified aboveNew York City, such party will notify the other party and, if both sides agree, the System Board hearing will be conducted at the site agreed upon.
G. (i) The notice of dispute properly referred to the Referee Board for consideration shall be addressed in writing to the Company member and will the Union member jointly and shall include the following. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing party.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30j) days after Upon filing the appointment notice of dispute, the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the UnionUnion Board members shall, acting jointly by mutual agreement, 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 by each of the parties hereto.within ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. 3 A. In compliance with Section 204, Title II, 2 of the Railway Labor Act Act, 4 as amended, there is hereby established a System Board of Adjustment Adjustment, 5 hereinafter referred to as "The Board," for the purpose of adjusting and 6 deciding disputes or grievances which may arise under the terms of this 7 Agreement, and which are properly submitted to it after exhausting the 8 procedure for settling disputes, as set forth under in Article 17.16 "Grievance
A. 11 B. The System Board shall be composed of Adjustment shall consist of one (1) Referee a Company member, an 12 Association member and a neutral referee selected by the parties from an ad-hoc panel of five (5) Referees. The Company and 13 the Union Association. Unless the Company and Aircraft Mechanics Fraternal 14 Association agree upon a combination of cases to be presented, each 15 case presented to the Board 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 treated as a Referee who is not selected from an ad-hoc panel to hear a separate case.
16 C. The Referee Board shall have jurisdiction over disputes between any 17 employee or employees covered by this Agreement and the Company 18 growing out of grievances as processed through or out of interpretation or application of any of 19 the grievance procedureterms of this Agreement. The jurisdiction of the Referee Board shall not 20 extend to proposed changes in hours of employment, basic rates of compensation, 21 compensation or working conditions covered by this Agreement or any amendment 22 Amendment hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barred.
23 D. The Referee Board shall consider any dispute properly submitted to it according by 24 the authorized representative of the Association, or by the 25 Representative of the Company. Disputes introduced by the Association 26 shall have been processed in accordance with the terms provided for in 27 this Agreement, under Grievance Procedure, Article 16.
28 E. All disputes properly referred by the Association to the terms Board for 29 consideration shall be filed with the Company's Vice President in charge 30 of the above-procedure, provided that Labor Relations by a Notice of Intention to Appeal is filed which must be postmarked 31 within thirty (30) days after final decision in 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 last step of the grievance shall become final and binding32 procedure set forth in Article 16. The Union shall determine the order for considering cases.
E. The Referee shall preside at hearings and shall be designated as Chairman A copy of the System Board submission as defined 33 below will be included with the notice of Adjustment. It shall be the responsibility of the Chairman to guide the parties in the presentation of testimony, exhibits and arguments at hearings appeal sent to the end that a fair, prompt and orderly hearing Company’s 34 Vice President in charge 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 Labor Relations. All disputes properly 35 referred by the Company and the Union. In the event either of the parties is of the belief that the hearing should be held at a site other than as specified above, such party will notify the other party and, if both sides agree, the hearing will be conducted at the site agreed upon.
G. The notice of dispute properly referred to the Referee Board for consideration shall be addressed filed with 36 the Aircraft Mechanics Fraternal Association Airline Representative of 1 the Local by a Notice of Submission which must be postmarked within 2 thirty (30) days after the Vice President in writing and charge of Labor Relations 3 knew or should reasonably have been expected to know of the cause 4 giving rise to the dispute. At the time of the Three (3) Person Board 5 hearing, the party referring the dispute will include submit to the following. Each Board a 6 statement of the case submitted which shall showinclude:
7 1. Question or questions at issue.
8 2. Statement of facts.
9 3. Position of appealing partyemployee or employees and relief requested.
10 4. Position of other partyCompany and/or Association.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. 12 F. Employees covered by this Agreement may be represented at 13 Board hearings by such person or persons designated by as they may choose and 14 designate, in conformance with the Union, and constitution of the Association. The 15 Company may be represented by such person or persons as it they may 16 choose and designate. Evidence may be presented either orally or in 17 writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions 18 G. A majority vote of all members of the Referee in all cases properly referable to it Board shall constitute a 19 decision which shall be final and binding upon on the parties. The decision of 20 the Board shall be rendered within sixty (60) days of the close of the 21 hearing, or if briefs are filed, within sixty (60) days of receipt of briefs.
22 H. 1. The Board shall meet and consider each Grievance 23 properly appealed to it at a time and place set by mutual agreement of 24 the parties theretono later than one hundred twenty (120) days subsequent to 25 the proper submission of a case to the Board as set forth in paragraph 26 E. above. If either the Company or the Union consider the matter of 27 sufficient urgency and importance, except that the Referee’s authority on issues Board shall meet not more than 28 sixty (60) days after request of arbitrability shall not be entitled either party in accordance with the 29 provisions of paragraph E. above. If either party fails to deference and such issues appear, the 30 grievance shall be examined de novo by any reviewing court. The authority deemed settled in favor of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rateother party.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. (a) 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 grievances, which may arise under the terms of this Agreement, and which are properly submitted to it after exhausting the procedure for settling disputes, disputes as set forth under Article 1713 XIII. However, by mutual agreement, any cases properly referable to this Board may be submitted to arbitration in the first instance.
A. (b) The System Board of Adjustment shall consist of three (3) members; one (1) Referee selected by the parties from an ad-hoc panel of five Union, one (51) Referees. The selected by the Company and one (1) neutral member who has been agreed between the Union shall agree parties to request an ad-hoc regional panel adjudicate grievances that may arise following the ratification and signing of five this Agreement that are not resolved in the grievance procedure.
(5c) Referees Members of the Board will serve for one (1) year from the Federal Mediation & Conciliation Service which will date of their appointment, or until their successors have been duly appointed. Vacancies in the membership of the Board shall be selected through alternate strikes by filled in the parties. The party requesting arbitration shall make same manner as is provided herein for the first strikeselection of the original members of the Board.
B. (d) 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 Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee 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 hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barred.
D. (e) The Referee Board shall consider any dispute properly submitted to it according to by an accredited Union Representative or by the Human Resources Manager of the Company or his authorized representative, when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice notice of Intention intention to Appeal appeal is filed within thirty (30) days after the procedure provided for in Article 17 13 XIII 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.
(f) Appointments of members of the Board shall be made by the respective Parties within thirty (30) days from the date of the signing of this Agreement and said appointees shall meet in the City of Jericho, N.Y., within forty-five (45) days from the date of the signing of this Agreement, and shall organize and select a Chairman and a Vice-Chairman, both of whom shall be members of the Board. The term of the office, of Chairman and Vice-Chairman shall be one
(1) year. Thereafter the Board shall designate one of its members to act as Chairman and one to act as Vice-Chairman for one (1) year terms. Each officer so selected shall serve for one (1) year or until his successor has been selected. The office of the Chairman shall be filled and held alternatively by Union member of the Board. When a Union member is Chairman, a Company member shall determine be Vice- Chairman, and vice versa. The Chairman or, in his absence, the order for considering cases.
E. The Referee Vice-Chairman shall preside at hearings meetings of the Board and at hearing and shall be designated as Chairman of have a vote in connection with all actions taken by 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 affordedBoard.
F. The hearing (g) After the organization meeting referred to herein, the Board shall take place thereafter meet in the city where the general offices within the United States of the site America of the grievance, Aer Lingus-Irish are maintained (unless a different place of meeting is agreed upon by the Company Board) during the first week in June and the Union. In first week in December of each year, provided that at such times there are cases filed with the event either of the parties is of the belief that the hearing should be held at a site other than as specified aboveBoard for consideration, such party will notify the other party andand shall continue in session until all matters before it have been considered, if both sides agree, the hearing will be conducted at the site unless otherwise mutually agreed upon.
G. The notice of dispute (h) All disputes properly referred to the Referee Board for consideration shall be addressed to the Chairman. Five (5) copies of each petition, including all papers and exhibits in writing and will include connection therewith, shall be forwarded to Chairman who shall promptly transmit one (1) copy thereof to each member of the followingBoard. Each case submitted shall show:
(1. ) Question or questions at issue.
(2. ) Statement of facts.
(3. ) Position of appealing partyemployee or employees.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. (a) 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 grievances, which may arise under the terms of this Agreement, and which are properly submitted to it after exhausting the procedure for settling disputes, disputes as set forth under Article 1713. However, by mutual agreement, any cases properly referable to this Board may be submitted to arbitration in the first instance.
A. (b) The System Board of Adjustment shall consist of three (3) members; one (1) Referee selected by the parties from an ad-hoc panel of five Union, one (51) Referees. The selected by the Company and one (1) neutral member who has been agreed between the Union shall agree parties to request an ad-hoc regional panel adjudicate grievances that may arise following the ratification and signing of five this Agreement that are not resolved in the grievance procedure.
(5c) Referees Members of the Board will serve for one (1) year from the Federal Mediation & Conciliation Service which will date of their appointment, or until their successors have been duly appointed. Vacancies in the membership of the Board shall be selected through alternate strikes by filled in the parties. The party requesting arbitration shall make same manner as is provided herein for the first strikeselection of the original members of the Board.
B. (d) 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 Board shall have jurisdiction over disputes between any employee covered by this Agreement and the Company growing out of grievances as processed through or out of interpretation or application of any of the grievance procedureterms of this Agreement. The jurisdiction of the Referee 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 hereto. Grievances not timely filed or submitted for arbitration as provided above shall be barred.
D. (e) The Referee Board shall consider any dispute properly submitted to it according to by an accredited Union Representative or by the Human Resources Manager of the Company or his authorized representative, when such dispute has not been previously settled in accordance with the terms of the above-procedureprovided for in this Agreement, provided that Notice notice of Intention intention to Appeal appeal is filed within thirty (30) days after the procedure provided for in Article 17 13 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.
(f) Appointments of members of the Board shall be made by the respective Parties within thirty (30) days from the date of the signing of this Agreement and said appointees shall meet in the City of Jericho, N.Y., within forty-five (45) days from the date of the signing of this Agreement, and shall organize and select a Chair and a Vice-Chair, both of whom shall be members of the Board. The term of the office, of Chair and Vice-Chair shall be one (1) year. Thereafter the Board shall designate one of its members to act as Chair and one to act as Vice-Chair for one (1) year terms. Each officer so selected shall serve for one (1) year or until his successor has been selected. The office of the Chair shall be filled and held alternatively by Union member of the Board. When a Union member is Chair, a Company member shall determine be Vice-Chair, and vice versa. The Chair, or in his absence, the order for considering cases.
E. The Referee Vice-Chair, shall preside at hearings meetings of the Board and at hearing, and shall be designated as Chairman of have a vote in connection with all actions taken by the System Board. After the organization meeting referred to herein, the 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 thereafter meet in the city where the general offices within the United States of the site America of the grievance, Aer Lingus- Irish are maintained (unless a different place of meeting is agreed upon by the Company Board) during the first week in June and the Union. In first week in December of each year, provided that at such times there are cases filed with the event either of the parties is of the belief that the hearing should be held at a site other than as specified aboveBoard for consideration, such party will notify the other party andand shall continue in session until all matters before it have been considered, if both sides agree, the hearing will be conducted at the site unless otherwise mutually agreed upon.
G. The notice of dispute (g) All disputes properly referred to the Referee Board for consideration shall be addressed to the Chair. Five (5) copies of each petition, including all papers and exhibits in writing and will include connection therewith, shall be forwarded to Chair who shall promptly transmit one (1) copy thereof to each member of the followingBoard. Each case submitted shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of appealing partyemployee or employees.
4. Position of other party.
H. The parties will endeavor to schedule a hearing date within thirty (30) days after the appointment of the Referee.
I. The hearing may be transcribed and the parties may file written briefs with the Referee following the close of the hearing. A written award will be rendered by the Referee to the parties not later than forty-five (45) calendar days following the filing of the briefs.
J. The time limits expressed in this Article may be extended by mutual agreement of the parties to this Agreement. The expenses and reasonable compensation of the Referee selected, as provided herein, shall be borne equally by the parties hereto.
K. Employees covered by this Agreement may be represented at hearings by such person or persons designated by the Union, and the Company may be represented by such person or persons as it may choose and designate. Evidence may be presented either orally or in writing, or both. The parties may call any witnesses who may be deemed necessary to the dispute.
L. Decisions of the Referee in all cases properly referable to it shall be final and binding upon the parties thereto, except that the Referee’s authority on issues of arbitrability shall not be entitled to deference and such issues shall be examined de novo by any reviewing court. The authority of the Referee shall be limited to determining questions arising under this Agreement. The Referee shall not legislate and shall have no authority to modify, alter or change any of the terms of this Agreement, to interpret a term contrary to the term's definition within this Agreement, to change existing wage rates or to establish a new wage rate.
M. Nothing herein shall be construed to limit, restrict or abridge the rights or privileges accorded either to the employees or to the Company, or their duly accredited representatives, under the provisions of the Railway Labor Act as amended.
N. The parties shall maintain a complete record of all matters submitted to arbitration, and of all findings and decisions made.
O. Each of the parties hereto will assume the expenses of the witnesses called or summoned by it. Compensation of witnesses who are employees of the Company, who are summoned by the Company, will be assumed by the Company.
P. The Company and the Union, acting jointly by mutual agreement, 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 by each of the parties hereto.
Appears in 1 contract
Samples: Collective Bargaining Agreement