ARTICLE 20.† GRIEVANCE PROCEDURE
Pilot or group of Pilots who has a grievance concerning any action of the
Company affecting him shall be entitled to have the grievance handled in
accordance with this procedure.† Prior
to filing a formal grievance, the Pilot or Pilots must discuss the matter with
their respective supervisor within sixty (60) calendar days in an attempt to
resolve the matter.
the event the matter is not satisfactorily resolved for the Pilot, a written
grievance may be filed.† When a written
grievance is filed, it shall contain a reference to the provisions of the
Agreement alleged to have been breached, a short, concise statement of the
facts involved, and the requested remedy.†
A grievant shall have the right to be represented at the Grievance
Meeting by a Company employee of his choice or by his duly accredited
grievance shall be handled in accordance with the following:
grievance shall be presented to the Director of Operations or his designee
within sixty (60) calendar days after the Pilot (s) has or reasonably would
have had, knowledge of the matter giving rise to the grievance.
the request of the grievant or the Company, a meeting shall be held within
fifteen (15) calendar days of receipt of the grievance.† Each party may present witnesses and
evidence as deemed necessary.
fifteen (15) calendar days of the conclusion of the Grievance Meeting, or
thirty (30) calendar days from receipt of the grievance, if no meeting has been
requested, the Director of Operations, or his designee, shall answer the
grievance in writing to the grievant(s).
appeal of the Director of Operations answer may be made in the following
If the decision of the Director of
Operations is unacceptable to the grievant(s) the grievant(s) may appeal the
decision to the Chief Operating Officer.†
Such appeal must be made within fifteen (15) calendar days of receipt of
the Director of Operationís decision by the grievant(s).
month, the Chief Operating Officer, or his designee, and an Association
grievance representative designated by the Master Executive Council, shall
agree upon a mutually convenient date for a grievance meeting at which any
grievances appealed during the previous month will be reviewed and discussed.
It is expected that such meetings will be scheduled and held monthly unless
there are no grievance appeals which remain to be heard or unless the parties
Chief Operating Officer, or his designee, and the Association grievance
representative will make every effort to settle or otherwise resolve all
grievances reviewed and discussed at the meeting. If either party deems it
necessary, that party may present witnesses and evidence.
If the Chief Operating Officer, or
his designee, and the Association grievance representative are unable to settle
or resolve a grievance at the meeting, within fifteen (15) calendar days of the
conclusion of the meeting, the Chief Operating Officer, or his designee, shall
answer the appeal in writing to the grievant(s).
the decision of the Chief Operating Officer is unacceptable, the Association
may appeal his decision pursuant to Article 21, System Board of
Adjustment.† Such appeal must be within
twenty (20) calendar days of receipt by the grievant of the Chief Operating
written mutual agreement between the Company and the Association, any or all of
the steps of this Section may be by-passed.
time limits contained herein may be extended by written agreement between
on the part of the Company, the grievant(s), or the Association, to adhere to
any of the time limits in this Article shall constitute a waiver of the failing
partyís position unless an extension of time has been mutually agreed to and
the extension has not been exceeded.
notification in writing to the Company, grievant(s) and Association shall be by
Certified Mail, Return Receipt Requested. Copies of all correspondence between
the Parties shall be provided to the Associationís designated Contract
cost of a stenographic report of a Grievance Meeting that is taken in whole or
part will be borne equally by the parties requesting copies of such report.
hearings provided for in this Article shall be held at reasonable times and at
the general offices of the Company in Dayton, Ohio unless mutually agreed
filed by the Company arising out of the interpretation or application of this
Agreement will proceed directly to the Systems Board of Adjustment.
grievance may be settled or withdrawn at anytime.