SECTION 27
GRIEVANCE PROCEDURE
A. Contract Grievances
Except in matters of discipline or discharge covered under the provisions of paragraph B. of this Section, an authorized Union Representative (on behalf of a Flight Attendant or group of Flight Attendants) may file a grievance and have such grievance handled in accordance with the following procedure:
1. Filing a Grievance
A written request for investigation setting forth a full and complete statement of the facts out of which such grievance arose, including the name(s) and employee number(s) of the Flight Attendant(s) and the date(s) on which the violation(s) occurred, the provision(s) of the Agreement upon which the grievance is based and a specific request for relief shall be filed with the Manager Inflight Services at the applicable base(s) with copies to the Vice President Inflight Services and the Vice President Labor Relations, or their designees. Such grievance may be sent via electronic mail.
2. First (1st) Step Decision
Within fifteen (15) days after the receipt of the request for investigation, the Company shall issue its written decision concerning such matter and shall send a copy to the Flight Attendant(s) and his/her authorized Union Representative. Such decision may be sent to the Flight Attendant(s) via Company electronic mail and to the Union via electronic mail.
3. Appeal of First (1st) Step Decision
The Flight Attendant's authorized Union Representative may appeal the decision in writing to the Vice President Inflight Services, or his/her designee, provided such appeal is filed within fifteen (15) days after the date the decision was received by the Flight Attendant's authorized Union Representative. Such appeal may be sent via electronic mail.
4. Second (2nd) Step Hearing and Decision
Such appeal hearing shall be held within fifteen (15) days after the receipt of the written appeal by the Vice President Inflight Services, or his/her designee. Within fifteen (15) days after the close of the appeal hearing, the Vice President Inflight Services, or his/her designee, shall announce his/her decision in writing and shall furnish a copy to the Flight Attendant(s) and his/her authorized Union Representative. Such decision may be sent to the Flight Attendant(s) via Company electronic mail and to the Union via electronic mail.
5. Appeal to System Board of Adjustment
After the appeal provisions hereinbefore provided have been complied with, further appeal by the Flight Attendant's authorized Union Representative, if made, shall be to the System Board of Adjustment as provided for in this Agreement, provided such appeal is made within thirty (30) days from the date of receipt by the Flight Attendant's authorized Union Representative, of the decision of the Vice President Inflight Services, or his/her designee. All submissions to the System Board of Adjustment shall be made in conformity with Section 28 of this Agreement. Such appeal must be in writing, but may be sent via electronic mail.
6. Time Limits for Filing Grievances
a. Time Limits Involving Taped Lines
(1) Any contract grievance emanating from or involving a taped telephonic conversation between a Flight Attendant and a Company representative must be filed in writing within thirty (30) days of the date on which the incident occurred which it is alleged constituted a violation of the Agreement.
(2) The Company shall maintain all taped telephonic conversations between Flight Attendants and a Company representative for a period of at least thirty (30) days. Upon written request by a Flight Attendant or his/her authorized Union Representative, the Company shall produce an unedited copy of the requested conversation between a Flight Attendant and the Company representative.
(3) A request for production of a telephonic conversation as referenced in subparagraph a.(2), above, shall toll the time limits in subparagraph a.(1), above, until such time as the copy of the taped conversation is produced or determined to be unavailable.
NOTE: The Company shall determine which telephone lines shall be taped. However, conversations between Crew Scheduling personnel and Flight Attendants shall be taped. If the Company tapes conversations on lines other than those used by Crew Scheduling personnel, Flight Attendants shall be explicitly notified, either verbally or through audible messaging or recording tones, that the conversation is being taped.
b. Time Limits Not Involving Taped Lines
Any other contract grievances must be filed in writing within ninety (90) days of the date on which the violation occurred or the grievant should have known of the violation, and when such grievance involves monetary claims, such claims shall not be collectible for a period earlier than ninety (90) days prior to the date of filing of the grievance, the date the grievance arises, or the date the grievant should have known a violation occurred, whichever is more recent. The time limits prescribed in this paragraph shall be tolled by the submission of problem worksheets. Once a problem worksheet is denied by the Company, a Flight Attendant's authorized Union Representative shall, from the date of denial, have any time remaining in the original filing period plus an additional thirty (30) days to file a grievance over the issue. The time limits prescribed in this paragraph shall not apply to claims for adjustments arising out of clerical and/or accounting errors.
c. Time Limits During Probationary Period
The ninety (90) day time limit referenced in subparagraph 6.b., above, shall not apply to a Flight Attendant in his/her probationary period. Such Flight Attendant's authorized Union Representative shall have thirty (30) days from the date of completion of the Flight Attendant's probationary period to file any grievances involving monetary claims. Such monetary claims shall not be collectible for a period earlier than two hundred ten (210) days prior to the date of filing of the grievance or the date the grievance arises, whichever is more recent.
B. Discipline and Discharge Grievances
1. Hearing and Investigations
A Flight Attendant shall not be disciplined or discharged without being issued notification in writing by the Company of the reason(s) for such action within thirty (30) calendar days after the date that the employee's base Director/Manager had knowledge of the alleged offense. The thirty (30) day time limit shall be tolled by the unavailability of the Flight Attendant, or his/her Union Representative.
For disciplinary investigations handled locally by Inflight Services management, the period between the Company's notice and the date of the initial meeting with the Flight Attendant shall not be counted towards this thirty (30) day time limit.
NOTE: The time limit referenced in this paragraph shall be extended by the Union, upon written request of the Company, for a period of an additional thirty (30) days in the case of any internal Equal Employment Opportunity (EEO) complaint investigation.
2. Right to Union Representation
a. 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 (including 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.
b. 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 (LEC), can attend.
NOTE: Notwithstanding the above, a Flight Attendant may be required to meet with the Company at a specified time and date as necessary to meet governmental (e.g., DOT, FAA, TSA or NTSB) requirements.
3. Written Notice of Discipline or Discharge and Request for Hearing
Written notification of discipline or discharge shall specify the precise charge(s) against the Flight Attendant. A copy of any Level I, Level II, Notice of Decision Making Leave (DML), Disciplinary Interoffice Communication (IOC), Notice of Discharge and/or Conditional Employment Agreement issued to a Flight Attendant shall be provided to the MEC President and the Flight Attendant's LEC President. Any Flight Attendant receiving such a written notification may request and shall receive a hearing to review the action taken if his/her request is made in writing within fifteen (15) days after receiving the written notification. Nothing herein shall extend the rights of investigation and hearing to a Flight Attendant during any period of probationary service.
4. Withheld from Service
a. Upon written notification (which may be issued in person, confirmed mail delivery or by Company electronic mail), a Flight Attendant may be held out of service pending investigation by the Company prior to the issuance of a written notification of discipline or dismissal. Such written notification shall include a description of the specific subject being investigated, and shall advise the Flight Attendant of his/her right to Union representation. A copy of such notice shall be sent via electronic mail to the Union. A Flight Attendant withheld from service shall be paid for the greater of any pattern(s) lost or minimum duty credit of four hours and fifteen minutes (4:15) for any on duty period(s), unless the Flight Attendant is being withheld from service for reasons that put either passengers, employees or Company assets at risk. A Flight Attendant who is withheld with pay pursuant to this paragraph, shall have his/her pay suspended during any period of time he/she or his/her Union Representative is unavailable and delays the Company investigation.
b. A Flight Attendant may not be withheld from service for more than twenty-one (21) days. However, if the Flight Attendant's unavailability, or that of his/her Union Representative, delays the Company's investigation, such twenty-one (21) day period shall be extended by the number of days of unavailability of the Flight Attendant or his/her Union Representative. Upon mutual agreement between the Company and the Union, this twenty-one (21) day time limit may be extended.
c. If a Flight Attendant is withheld from service without pay pending an investigation, hearing or appeal, any discipline resulting in suspension and loss of pay or discharge shall be assessed retroactively to the first (1st) day the Flight Attendant was held out of service without pay.
d. Should a Flight Attendant who is the subject of an investigation be interviewed or questioned by a Company Representative during the course of investigation, he/she shall be apprised (during the telephone conversation if contacted by telephone) prior to the interview or questioning of:
(1) His/Her right to Union representation; and
(2) The specific subject being investigated.
2. Filing a Grievance
The Flight Attendant's written request for a grievance hearing must be filed with the Base Director/Manager of Inflight Services at the Flight Attendant's base with a copy sent to the Vice President Labor Relations and the Vice President Inflight Services, or their designees.
3. First (1st) Step Grievance Hearing
The first (1st) step grievance hearing shall be held by the Base Director/Manager or Operations Manager, Inflight Services at the Flight Attendant's base, or a person designated by him/her for that purpose within thirty (30) days after his/her receipt of the Flight Attendant's written request thereof. However, at no time shall the hearing be conducted by the person, or a subordinate of the person, who imposed the discipline giving rise to the grievance. A notice shall be sent to the Flight Attendant fifteen (15) days prior to such hearing setting forth the time and place thereof. The Flight Attendant shall have the right to be represented at the hearing by a duly accredited Union Representative from his/her Local Executive Council (LEC).
4. First (1st) Step Grievance Hearing Decision
Within fifteen (15) days after the date of the hearing, the Company shall announce its decision in writing with a copy to the Flight Attendant and his/her Union Representative. Such documents may be sent to the Flight Attendant via Company electronic mail and to the Union via electronic mail.
5. Appeal of First (1st) Step Grievance Hearing Decision to System Board
When a copy of the Company's decision has been received by the Flight Attendant, and the Union Representative, and such Flight Attendant is dissatisfied with the Company's decision, the matter may then be appealed to the System Board of Adjustment as provided in this Agreement. Such appeal must be made within thirty (30) days from the date of receipt by the Flight Attendant, or the Union Representative, of the decision by the Company, whichever is earlier. All submissions to the System Board of Adjustment shall be made in conformity with Section 28 of this Agreement.
6. General
a. If, as a result of any hearing or appeal there from as provided herein, a Flight Attendant is exonerated, he/she shall, if he/she has been held out of service, be reinstated without loss of seniority and shall be paid for all such time lost the full amount he/she would ordinarily have earned had he/she been continued in service during such period.
b. If, as a result of any investigation, hearing, or appeal, a Flight Attendant is exonerated, any record of the original disciplinary action shall be removed from the Flight Attendant's personnel file. A letter shall be sent to the Flight Attendant verifying that all improper references to such incident have been removed from his/her personnel file.
c. When it is mutually agreed that a stenographic report is to be taken of the investigation and hearing in whole or in part, the cost shall be borne equally by both parties to the dispute. When it is not mutually agreed that a stenographic report of the proceedings be taken, and such stenographic record of the investigation and hearing is made by either of the parties to the dispute, a copy shall be furnished to the other party upon request, provided that the cost of such written record so requested shall be borne equally by both parties to the dispute.
d. All time limits referred to in this paragraph B., except for the time limits referred to in subparagraph 4.b., above, shall be exclusive of Saturdays, Sundays and holidays.
e. A Reserve Flight Attendant may be required to report on a "guaranteed day off" ("GDO") in connection with the investigation of any matter which may result in disciplinary action. Every attempt, however, shall be made to avoid such requirement. If such event occurs, the Flight Attendant and Crew Scheduling shall agree on the selection of another "GDO" later in the month.
f. Limited Use of Derogatory Reports
(1) Disciplinary records or correspondence of a derogatory nature shall not be introduced into evidence at any arbitration concerning subsequent disciplinary action, including discharge, if such written notice was subject to removal from the Flight Attendant's file pursuant to Section 21.C.5. of this Agreement at the time of the incident which is the subject of the arbitration. Conditional Employment Agreements are not subject to exclusion based on timeliness unless the subject of the arbitration and the Conditional Employment Agreement are a result of a similar disciplinary matter.
(2) The Flight Attendant or his/her representative at any arbitration concerning discipline of the Flight Attendant may introduce any reports or other evidence of exemplary or satisfactory work performance which are as old as any disciplinary records or correspondence of derogatory nature which the Company could introduce pursuant to subparagraph f.(1), above.
(3) The limitation on the use of disciplinary records or correspondence of a derogatory nature in arbitrations involving the discipline or discharge of a Flight Attendant shall have no effect on the introduction of other materials concerning a Flight Attendant's employment relationship with the Company.
C. Time Limits
1. Appeal Deadline Missed by Flight Attendant
If any decision made by the Company under the provisions of this Section is not appealed by the Flight Attendant affected within the time limit prescribed herein for such appeals, the decision of the Company shall become final and binding.2. Response Deadline Missed by Company
In the event the Company fails to render a written decision concerning a grievance within the time limits prescribed by this Section 27, such failure shall be deemed a denial of the grievance or dispute. In the case of a discipline or discharge grievance, such deemed denial shall be deemed to be automatically submitted to the Northwest Flight Attendant System Board of Adjustment. In the case of a contract grievance, such deemed denial following a Section 27.A.1. written request for investigation shall be deemed to be automatically appealed to the Vice President Inflight Services, or his/her designee, as provided by subparagraph A.3. of this Section, and such deemed denial following a Section 27.A.4. appeal hearing shall be deemed to be automatically submitted to the Northwest Flight Attendant System Board of Adjustment.
3. Mutual Extension of Time Limits
Time limits herein may be extended by mutual agreement between the Company and the Union.
D. Miscellaneous
1. Flight Attendant Witnesses
When a Flight Attendant is chosen to act as a witness for another Flight Attendant against whom charges have been presented, such Flight Attendant shall, when the requirements of the service permit, be given leave of absence for a time sufficient to permit him/her to appear as such representative or witness.
2. Transportation for Witnesses and Union Representatives
Subject to space being available, witnesses and Union Representatives who are employees of the Company shall receive free transportation over the lines of the Company from the point of duty to the point of hearing and return.
3. Settlement of Grievances
Settlements of grievances shall not, unless expressly so stated in writing and approved by the MEC President and the Vice President Labor Relations, or their designee(s), be of any value in the interpretation of this Agreement nor shall they set or be of any value as precedent for the handling of other similar matters, and they shall be without prejudice to either the position of the Company or the Union on the issues raised.
4. All notifications, appeals and decisions shall be in writing and may be delivered in person, by electronic facsimile ("fax") or by use of the mails. Notifications, appeals and decisions may also be sent via electronic mail as specified in this Section.