A. Before a Pilot is discharged,
suspended without pay or disciplined, the Pilot shall be notified in writing of
the precise charge or charges against him. Written charges may be presented to
the Pilot in person or by certified mail (return receipt requested). The
Company may suspend a Pilot with pay (based on minimum guarantee) and Company
provided benefits, pending the completion of the investigation and due process
hearing of the charges against him. In any case, notification to the Pilot must
be made within sixty (60) days of the date on which the Company had, or
reasonably should have had, knowledge of the event or action upon which the
charge or charges are based.
B. A Pilot shall be given the necessary
time, not to extend fifteen (15) calendar days from the date he first receives
notice of the charges against him, to request and prepare for a due process
hearing in front of the Director of Operations, or his designee, and to secure
the presence of witnesses. A Pilot shall have the right to be represented by a
Company employee of his choice or his duly accredited representative(s) at this
C. The Director of Operations, or his
designee, shall promptly announce his due process hearing decision in writing.
If the decision is not satisfactory to the Pilot, it may be appealed to the
Chief Operating Officer and, if not satisfactorily resolved by that step, to
the System Board of Adjustment in the manner provided in Article 20 of this
D. If, as a result of any hearing or
appeal, a Pilot is exonerated, the following shall apply:
shall be reinstated without loss of seniority and longevity.
shall be paid for the time lost as if he had flown his schedule or, in the case
of Reserve Pilots, in accordance with Article 4.
personnel records shall be cleared of any references to the charges.