SECTION 21
PERSONNEL RELATED MATTERS
A. Union Employee Assistance Program (EAP)
1. Recognition
The Company and Union shall collaborate with the Union's EAP to support and promote the mutual benefits of Flight Attendant peer assistance services and shall cooperate fully at all levels in order to maximize these benefits.
The Company and Union recognize that the activities of the EAP are neutral and confidential, and shall honor and safeguard these aspects so as to foster the success of mutually beneficial goals.
2. Scope
The EAP Committee shall offer peer assistance services to NWA Flight Attendants and their families, as provided in paragraph A.4., below. These services are not intended to replace professional medical or psychological care.
The activities of the EAP Committee shall be coordinated by the MEC EAP Chairperson(s) and carried out by active line Flight Attendant volunteers who have been trained as EAP Representatives. The Company shall continue all policies and agreements in support of the EAP as provided when its services were offered by separate committees under former Unions.
3. EAP Procedures and Protocols
a. EAP Notices and Education
The Company shall include Union EAP contact information whenever Company EAP information is communicated.
EAP services information shall be communicated during the one hour (1:00) Union presentation to Flight Attendants in Initial Training and during the thirty minute (0:30) Union presentation to Flight Attendants in requalification training, as provided in Section 23.F. of this Agreement. A presentation of EAP services shall be incorporated into Annual Recurrent Training (ART) material.
b. EAP Referrals
Whenever the Company refers a Flight Attendant to the Company EAP, either verbally or in writing, Union EAP contact information shall also be provided at that time.
The Company shall refer a Flight Attendant to the Union EAP when a Performance Development issue within the scope of subparagraphs 4.a. through 4.d., below, is addressed.
4. Assistance Areas and Procedures
a. Personal and Work-Related Difficulties
The EAP shall provide confidential peer assessment, support and referral services to Flight Attendants who experience personal or work-related difficulties. These services are intended to guide the Flight Attendants to trained professionals who can provide appropriate care.
b. Peer Mediation and Conflict Resolution (Professional Standards)
(1) The Union EAP shall provide confidential peer mediation services (previously referred to as "Professional Standards" to Flight Attendants in order to promote and ensure the highest standards of professionalism and to ensure that all Flight Attendants are treated fairly, consistently, effectively and with the respect due their profession.
The Union EAP shall handle issues affecting the professional conduct of Flight Attendants that does not implicate legal or safety concerns. These issues include conflicts between Flight Attendants, Flight Attendants and other NWA employees and conflicts between other individuals (but not customers) which involve actions by a Flight Attendant. Both the Union and the Company recognize that Inflight Services' traditional authority and responsibilities regarding proficiency and safety shall not be altered in any way by these provisions.
(a) Conflicts Between Flight Attendants
When a situation involving conflict between Flight Attendants is brought to the attention of the Union by a Flight Attendant, the Union shall act as follows:
i. An EAP Representative shall elicit both sides of the story (generally by telephone) and counsel both parties at a peer level. The EAP Representative shall then suggest an appropriate solution to the conflict, which may include a telephone meeting of the individuals involved. The individuals involved shall be encouraged to discuss the matter privately, in a forthright and reasoned manner, in an attempt to settle their dispute. (This step may be omitted if, in the judgment of the EAP Committee, it would be counterproductive).
ii. Should this discussion fail, the Flight Attendants involved, and the EAP Representative handling the conversation, shall be invited to meet with the MEC EAP Chairperson(s). After each Flight Attendant has had the opportunity to present his/her view of the matter, the EAP Chairperson(s) shall seek commitment from the parties to end the conflict and work together professionally and without dissension.
iii. Should any of the Flight Attendants involved refuse to participate in the steps provided for in either subparagraphs (a)i. or (a)ii., above, the EAP Representative shall advise, if possible, all involved parties of this refusal, and inform them that while the conflict resolution process remains available to them, the EAP Committee is unable to take any further action.
(b) Conflicts Between a Flight Attendant and a Non-Flight Attendant
When a situation involving conflict between a Flight Attendant and a person who is not a Flight Attendant and not a customer is brought to the attention of the Union, the Union shall act as follows:
i. The Flight Attendant involved, after consultation with the EAP Representative, shall be encouraged to discuss the matter privately, in a forthright and reasoned manner, with the other party involved in an attempt to settle their dispute. (This step may be omitted if, in the judgment of the EAP Committee, it would be counterproductive).
ii.Should this discussion fail, the EAP Representative shall meet with the Flight Attendant involved and the other individual and/or the individual’s representative. This meeting may be conducted by telephone. An agreement to resolve the dispute shall be sought.
iii. Should this discussion fail as well, the Flight Attendant, the other individual involved and/or the other individual’s representative shall be invited to meet with the MEC EAP Chairperson(s). After each party has had the opportunity to present his/her view of the matter, the EAP Chairperson(s) (in concert with the non-Flight Attendant’s representative) shall seek a commitment from the parties to end the conflict and work together in the future constructively, professionally and without dissension.
iv. Should any of the involved individuals refuse to participate in the steps provided for in subparagraphs (b)i., (b)ii. or (b)iii., above, the EAP Representative shall advise, if possible, all involved parties of this refusal, and inform them that while the conflict resolution process remains available to them, the EAP Committee is unable to take any further action.
(c) Problems Involving Operations of a Flight
When a situation involving actions by a Flight Attendant which could affect the safe, legal and/or professional operations of a flight is brought to the attention of the Union from any credible source, the Union shall act as follows:
i. An EAP Representative shall investigate to determine the facts in the case. The investigation shall include interviewing all parties with information relevant to the case, including the Flight Attendant(s) whose action(s) have been questioned.
ii. The EAP Representative shall meet with the Flight Attendant(s) whose action(s) have been questioned and determine whether any Union action is warranted in the interest of safety and professional operations of the flight. The EAP Representative shall consult with the MEC EAP Chairperson(s) and the appropriate Union Representative(s).
iii. If the EAP Committee, after investigation, consultation and deliberation, decides Union action is required, it shall make a recommendation for action to the appropriate Union Representative.
iv. If the Flight Attendant(s) whose actions have been called into question refuses to cooperate with the EAP Committee or the Union, he/she cannot be forced to do so. However, the Flight Attendant shall be reminded that failure to correct inappropriate behavior will often lead to Company’s knowledge of the behavior, independent of the Union. In the event that any case is brought to the attention of the Union by the Company, the Union is bound by this Agreement to notify the Company whether or not the case was successfully resolved, as described in subparagraph (2)(d), below.
v. The Union shall maintain the confidentiality of the Flight Attendant(s) involved, with the exception of those matters which implicate safety or legal issues, in which case the Union agrees to promptly inform the Company. However, the Union may take appropriate actions in cases where a NWA Flight Attendant or another NWA employee represents an immediate threat to flight safety.
(c) Management Referral of Problems to EAP
When a situation as defined in subparagraph b.(2), above, comes to the attention of the Company in the first (1st) instance, the Company must refer those issues and the parties involved to the attention of the Union EAP. The Union shall act as follows:
i. The EAP Committee shall handle the case according to the procedures listed in subparagraphs (2)(a) and (2)(b), above.
ii. The Union shall inform the Company of the behavior at issue, the Union's resolution process and that the matter is being monitored or is resolved.
iii. Lack of successful resolution shall result in the Union informing the Company that the EAP Committee is unable to be of assistance.
iv. Complete confidentiality regarding the EAP Committee's meeting with the Flight Attendant shall be maintained, with the exception of matters that implicate safety or legal issues. The Union agrees to promptly inform the Company of such issues.
v. The Company and the Union agree not to use a Flight Attendant’s involvement with the EAP Committee alone as a basis for subsequent discipline, although the parties recognize the Company’s right to proceed based on information learned regarding those matters which implicate customers, safety or legal issues.
c. Critical Incident Response
The EAP shall provide confidential peer support to Flight Attendants who have been involved in any work-related accident or significant incident. This support includes incidents both on and off the aircraft. The EAP response shall be based on current established Critical Incident Response Program (CIRP) guidelines.
d. Substance Abuse Assessment and Referral
The Company and the Union recognize that alcohol and drug abuse/addiction are treatable diseases and that early detection and treatment will increase the likelihood of successful rehabilitation. EAP Representatives trained by experts in the field of alcoholism and chemical dependency shall provide confidential peer support to Flight Attendants who experience problems related to alcohol, chemical and other substance abuse and/or addictions. This support includes, but is not limited to, assessment and referral to treatment programs, efforts to engage and educate the employee’s family and return-to-work support. The Company shall meet with the MEC President, or his/her designee, and the MEC EAP Chairperson(s) to establish mutually agreeable protocols.
B. Performance Development
1. Purpose
The purpose of Performance Development is to emphasize the recognition of good performance, and to provide for the correction of problems through the use of coaching and counseling where appropriate, rather than punishment. Formal discipline is utilized when coaching fails to correct performance deficiencies.
2. Principles
The Company and the Union have agreed to the following principles of the Performance Development Program:
a. The Company shall address violations of Company rules, policies or procedures, taking into consideration the severity of the offense. Consideration shall be given to the Flight Attendant's work record and longevity.
b. Whenever appropriate, the Flight Attendant shall be counseled for improved performance.c. Flight Attendant Managers shall consider the circumstance(s) surrounding any infraction by a Flight Attendant. At his/her discretion, a Flight Attendant Manager may choose not to apply formal discipline, but rather have a discussion with the Flight Attendant concerning the incident which is not formally documented or entered into the Flight Attendant’s automated synopsis. If the Flight Attendant is currently on a Performance Development Level, the Flight Attendant Manager may choose to formally coach the Flight Attendant without progressing the Flight Attendant to the next step of discipline. Alternatively, a Flight Attendant Manager may choose to repeat or extend a Level reminder without progressing a Flight Attendant to the next step of discipline. The Flight Attendant's length of service, prior performance and the facts surrounding the incident at issue should be considered in making this determination.
d. A coaching provides an opportunity for a Flight Attendant and his/her manager to develop a course of action to address the behavior(s) at issue. Coachings for the purposes of Performance Development shall not be issued by mail.
e. In the case of more serious or repeated infractions, the employee shall be placed on one or more of the following levels of formal discipline:
(1) Level I reminder
(2) Level II reminder
(3) Decision-Making Leave
f. Flight Attendants who are placed on a Decision-Making Leave shall be compensated with the minimum duty period credit of four hours and fifteen minutes (4:15) for each day of decision-making leave.
g. Formal discipline shall have the full force and effect of a disciplinary report or suspension and shall be considered the equivalent corrective discipline by the System Board of Adjustment in arbitration proceedings.
h. This program will not limit the Company's right to discharge employees for a single serious offense or to withhold employees from service with or without pay, pending Company investigation, or to suspend employees without pay.
i. This program shall not limit the Union’s right to contest any discipline or discharge action.
j. The Company reserves the right to unilaterally modify, change, update, amend or cancel this program at any time.
C. Employment Files
1. For purposes of this paragraph C., a Flight Attendant's Employment File shall consist of the records maintained in the following Company files:
a. Base Employment File
b. Base Medical File
c. Corporate Employment File
2. Each Flight Attendant's Employment File shall contain:
a. All records of customer service inflight evaluation
b. Passenger letters
c. Reports and records involving the Flight Attendant's employment relationship with the Company
3. Right to Copies of Reports Placed in the Employment File
A Flight Attendant shall, upon written request, be furnished a copy of the full and complete contents of his/her Employment File. Such reports shall include records of any disciplinary action placed in a Flight Attendant's Employment File.
4. Placing Complaint Letters in an Employment File
A complaint letter shall not be placed in a Flight Attendant's Employment File unless:
a. The Flight Attendant is clearly identified in the letter or can be identified beyond a reasonable doubt through the investigative process;
b. The alleged misconduct or disservice was something over which the Flight Attendant had control;
c. The Flight Attendant is given the opportunity to read the letter in its entirety and add his/her comments as an attachment to the letter; and
d. The name(s) of the person(s) writing the report or letter is clearly identified and shall be provided to the Flight Attendant.
5. Duration of Disciplinary Records
Disciplinary records or correspondence of a derogatory nature contained in a Flight Attendant's file shall be removed from the Employment File at the Flight Attendant's request after twenty-four (24) months have passed from the date such notice was issued. However, if disciplinary records or correspondence of a derogatory nature concerning a similar matter have been issued within that twenty-four (24) month period, the previous documents shall remain in the Flight Attendant's Employment File until an additional twenty-four (24) months have passed with no additional such documents having been issued.
6. Flight Attendant Comments Attached to Evaluation Reports
A Flight Attendant may attach his/her comments to any observation or evaluation reports placed in his/her Employment File. At the Flight Attendant's request the attachment shall be noted in the Company’s Automated Synopsis system.
7. Inspection of Employment Files by Flight Attendant
A Flight Attendant's Employment File, in its entirety, shall be available upon advance appointment during regular business hours with the Company for inspection by the Flight Attendant in the presence of a Company Representative and, upon the Flight Attendant's request, a Union Representative.
8. Records of Grievances
The Company shall not place records of grievances in the Employee File of individual Flight Attendants who have filed grievances on behalf of the Union.
9. Removal of Items from File
All items removed in accordance with subparagraph C.5., above, shall be returned to the Flight Attendant.
D. Orders and other Communications to Flight Attendants
All orders and other communications to Flight Attendants involving changes in base station assignments, promotions, demotions, layoffs, leaves of absence and disciplinary action, shall be stated in writing. Notifications sent via the Company’s Flight Attendant email system shall be considered as meeting the requirements of this paragraph. Temporary assignments of Flight Attendants to bases shall not require advance written notification if time does not permit, but shall require follow up written confirmation in such cases.
E. Anti-Drug Testing
The Company and the Union have agreed that the following provisions shall apply to administration of the Company's Anti-Drug Testing Plan for Safety-Sensitive Employees (Plan) which has been established by the Company pursuant to regulations promulgated by the United States Department of Transportation:
1. If a Flight Attendant is required to attend a scheduled meeting with the Plan's Medical Review Officer (MRO) concerning his/her test result at a location other than the metropolitan location in which the Flight Attendant resides, or from which he/she commutes, he/she shall be provided Y1/F6 round trip transportation, local ground transportation to and from the MRO's office, and, if necessary, shall be reimbursed for comfortable and adequate single occupancy lodging.
2. Negative test results under the Plan shall be communicated in writing, upon request, to each Flight Attendant who has been tested as soon as reasonably possible following receipt of the test results by the Company.
3. These provisions shall not apply to pre-employment testing conducted under the Plan.
The Company shall maintain procedures in connection with testing which shall permit a Flight Attendant at his/her own expense, to submit a "split sample" to the Company's collector at the time the initial drug test is taken.
1. Notwithstanding the definition contained in Section 2.BB. of this Agreement, the "release time" for a Flight Attendant who is required to submit to random testing under the Plan shall be extended until completion of the test and, if the test has been conducted off airport premises, the Flight Attendant has returned to the airport. The additional time required for such testing and transportation, if applicable, shall be included in the Flight Attendant's "Duty Hours" or "On-Duty Period."
2. The additional "Duty Hours" or extended "On-Duty Period" for which subparagraph E.5., above, provides shall be used to determine a Flight Attendant's entitlement, if any, to pay under Section 5.I. of the Agreement.
3. The Company shall prepare and provide to the Flight Attendant at the time of random testing a form on which the Flight Attendant shall indicate his/her name and payroll number, the date and number of the pattern for which the "Duty Hours" or "On-Duty Period" have been extended under subparagraph E.5.,above, the "release time" at completion of random testing and transportation, if applicable, and such additional information as the Company deems necessary to administer this Agreement. The Flight Attendant shall complete the form and submit it to the Company in accordance with instructions provided on the form.
4. The additional "Duty Hours" or extension to the "On-Duty Period" for which subparagraph E.5., above, provides shall not constitute "Credit Time" for purposes of determining flight time limitations; provided, however, that the additional "Duty Hours" or extended "On-Duty Period" shall be considered in determining Rest Times to Break On-Duty Periods under Section 5.I.of the Agreement.
5. The FAA requires “split” specimen collection procedures for all mandatory DOT drug tests. The Company is responsible for costs associated with the collection and testing of the “primary” specimen. The FAA requires in cases of a confirmed positive drug test result that Northwest Airlines’ MRO inform the employee that he/she has up to seventy-two hours (72:00) to request that the “split” specimen be tested by Northwest Airlines’ second (2nd) designated laboratory. The employee shall be responsible for all costs associated with the testing of the “split” specimen including processing, handling, shipment and MRO review.
F. Right to Union Representation
1. When a Flight Attendant is requested to meet with management regarding matters which are disciplinary, or may lead to discipline, he/she shall be informed in writing and/or via Company electronic mail of the specific subject(s) to be discussed prior to the meeting, and that he/she has a right to Union representation. If Union representation is requested by the Flight Attendant, the manager shall take reasonable steps to delay the meeting until a Union Representative of the Flight Attendant's choice from his/her Local Executive Council can attend.
NOTE: Notwithstanding the above, a Flight Attendant may be required to meet with the Company at a specified time and date to meet the Company’s legal obligations.
2. A Probationary Flight Attendant shall have no right under this Agreement to contest any discipline or discharge action taken against them by the Company. However, in a meeting that involves discipline or discharge, a Union Representative may, at the request of the Probationary Flight Attendant, be present to act as a non-participating observer. The Company shall not be obliged to delay such meeting on account of the unavailability of a Union Representative.
3. Investigations that take place under this Section shall be handled in accordance with the provisions of Section 27.B. of this Agreement.
G. Witness Pay
When a Flight Attendant is called by the Company to be a witness in a lawsuit, mandatory debriefing, arbitration, legal proceeding, or court-reported formal investigation, the Flight Attendant shall receive a minimum duty period credit for pay purposes only. The Company shall also pay reasonable and necessary expenses associated with such hearing. In the event such assignment impacts a scheduled pattern(s) or on-duty Reserve day(s), such Flight Attendant shall be guaranteed pay and credit for the scheduled time of such pattern(s) missed or minimum duty credit for such on-duty reserve day(s) missed.
H. Inflight Sales Discrepancies
1. In accordance with Company policy, an Interoffice Communication (IOC) shall be issued for the first (1st) Inflight Sales discrepancy of twenty-five dollars ($25.00) or less.
2. Such IOC shall be purged from Flight Attendant files after twelve (12) months have passed from the date the notice was issued provided no additional such documents have been issued.
3. The Company shall remove IOC issued for Inflight Sales discrepancies exceeding twenty-five dollars ($25.00) after twenty-four (24) months have passed from the date the notice was issued provided no additional such documents have been issued.
I. Accountable Absences
1. The Company shall determine if leaves of absence granted for personal reasons are “accountable” or “unaccountable”. An accountable absence shall be considered or counted when determining the Flight Attendant’s attendance reliability. An unaccountable absence is an absence which shall be recorded as part of a Flight Attendant’s attendance record but shall not be counted when assessing the Flight Attendant’s attendance reliability.
2. The Company shall maintain a published policy as it relates to requests for personal leaves of absence and attendance accountability.
3. Unless the Flight Attendant is told the absence shall not be considered an accountable absence at the time the personal leave request is made, the absence shall be considered an accountable absence for the purpose of determining attendance reliability.