ARTICLE 20. GRIEVANCE PROCEDURE

A. GRIEVANCE PROCESS

1. Any 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.

2. In 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 representative.

3. The grievance shall be handled in accordance with the following:

a. The 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.

b. At 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.

c. Within 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).

4. An appeal of the Director of Operations answer may be made in the following manner:

a. APPEAL

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 Operation’s decision by the grievant(s).

b. GRIEVANCE MEETING

i. Each 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 agree otherwise.

ii. The 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.

c. ANSWER TO APPEAL

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).

5. If 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 Officer’s decision.

B. GENERAL

1. By written mutual agreement between the Company and the Association, any or all of the steps of this Section may be by-passed.

2. The time limits contained herein may be extended by written agreement between parties.

3. Failure 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 party’s position unless an extension of time has been mutually agreed to and the extension has not been exceeded.

4. All 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 Association’s designated Contract Administration Office.

5. The 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.

6. All 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 otherwise.

7. Grievances filed by the Company arising out of the interpretation or application of this Agreement will proceed directly to the Systems Board of Adjustment.

8. A grievance may be settled or withdrawn at anytime.