ARTICLE 21. SYSTEM BOARD OF ADJUSTMENT
In compliance with Section 204, Title II of the
Railway Labor Act, as amended, a System Board of Adjustment is established for
the purpose of adjusting and deciding disputes which may arise under, and
involve the interpretation and application of the terms of this Agreement and
any amendments or additions hereto. The Board shall be known as the Emery
Worldwide Airlines Pilots System Board of Adjustments (hereinafter referred to
as the “Board”).
OF THE BOARD
Board shall consist of three (3) members, one selected by the Company, one
selected by the Association, and one neutral member.
party shall advise the other, in writing, of the names of its appointees and
such designation shall continue in effect until successors are appointed.
Association members shall be selected and appointed by the President of the
Association and Company members shall be selected and appointed by the Chief
Operating Officer. In the same manner, the Association and Company shall each
designate one or more alternates, and in the event of unavailability of a Board
Member, an alternate of that party shall act as a Board Member in place of the
absent Board member. Either party shall
have the right to change its representative periodically, provided that
notification of such representation for any particular dispute must be made
prior to the start of the scheduled hearing.
Company and Association Board Members and alternates shall be appointed within
thirty (30) days of the date this Agreement shall become effective. Vacancies
shall be filled in the same manner as is provided herein for the selection and
appointment of the original Board members and the original alternates.
neutral member of the Board shall preside at meetings and hearings of the Board
and shall be designated as Chairman of the System Board of Adjustment. It shall
be the responsibility of the Chairman to guide the parties in the presentation
of testimony, exhibits and arguments at hearing to the end that a fair, prompt
and orderly hearing of the dispute is afforded. The Board shall meet in Dayton,
Ohio unless another location is previously agreed to by the parties.
OF THE BOARD
Board shall have jurisdiction over disputes between any employee covered by the
Pilot’s Agreement and the Company growing out of grievances or out of the
interpretation or application of any of the terms of the Pilot’s Agreement.
jurisdiction of the Board shall not extend to proposed changes in hours of
employment, rates of compensation, or working conditions covered by existing
Agreements between the parties, or as subsequently executed. The jurisdiction
of the Board shall not extend to discipline or discharge grievances filed by
Board shall consider any dispute properly submitted to it by the President of
the Association or by the Chief Operating Officer of the Company, when the
dispute has not been previously settled in accordance with the terms and within
the time limits provided for in Articles 19 and 20 of this Agreement.
4. The Board's decision shall be final and binding and conclusive on the Company and the Association.
BEFORE THE BOARD
disputes properly submitted to the Board for consideration shall be addressed
to the Members of the Board, including all papers and exhibits. When possible,
joint submissions should be made, but, if the parties are unable to agree upon
a joint submission, then either party may submit the dispute and its position
to the Board.
case submitted shall include:
or questions at issue
of facts with supporting documents
of employee or employees
of the Company
receipt of the submission, the responding party will have fifteen (15) calendar
days to submit its position to the Board.
matter shall be considered by the Board, except by mutual agreement of the
parties, which has not first been handled in accordance with the provisions of
Articles 19 or 20 of this Agreement.
1. Prior to the start of each calendar year, the panel of arbitrators provided in Paragraph 2, (below), shall be contacted and secured to serve as neutral members of the Systems Board of Adjustment. The result shall be the tentative scheduling of twelve (12) days of arbitration, i.e., four (4) three-day sessions with one (1) session in each calendar quarter. The parties shall alternate in the administrative process of securing and coordinating dates with the arbitrators and each other. In the event the quarterly sessions are insufficient to provide for the hearing, without unreasonable delay, of all cases properly submitted, additional dates will be scheduled with the existing quarterly neutral on an as needed basis. Only on the occurrence of no case being pending before the System Board or by mutual agreement of the parties, shall the arbitrator be released.
parties shall establish and maintain a panel of five (5) neutrals to serve as
arbitrators and neutral Members of the System Board of Adjustment. In the event
of a vacancy on the panel during the term of this Agreement, the parties will
consult and agree upon a replacement neutral. If the parties are unable to
agree within thirty (30) days of the initial consultation, either party may
request that the National Mediation Board to provide a panel of arbitrators
from which a replacement neutral will be selected.
later than thirty (30) calendar days prior to the scheduled quarterly session,
each party shall advise the other of which case or cases from those it has
submitted to the Board it intends to present at the session. At the same time,
copies of submissions filed in accordance with Paragraph D., (above),
concerning the cases to be heard shall be forwarded by the Association to the
Chairman. Not later than fifteen (15) calendar days prior to the scheduled
quarterly session, each party shall advise the other of the witnesses it
expects to call for each case to be presented to the Board.
number of witnesses summoned at any time shall not be greater than the number
which can be spared from the operation without interference with the service of
the Company. If a witness necessary to the hearing cannot be released without
interference to operational requirements, the hearing will be recessed until
such time as that witness is available. The Board may utilize alternative means
of taking testimony such as telephone and videotaped testimony, depositions,
Board shall meet with the purpose of hearing and deciding the case to be
determined. The Board will render its decision in writing as promptly as
covered by this Agreement may be represented at Board hearings by an
Association representative or, with the approval of the Association, by a
person or persons they may choose and designate, and the Company may be
represented by a person or persons it may choose and designate. Evidence may be
presented either orally, or in writing, or both. All witnesses testifying shall
do so under oath.
expenses and reasonable compensation of the neutral selected as provided herein
shall be borne equally by the parties.
Each of the parties will assume the compensation, travel expense and
other expenses of the Board Member selected by it. Similarly, each party shall
be responsible for the compensation, travel expense and other expenses of witnesses
called by it. In the case of Company employees other than Pilots, the
Association shall not be required to compensate such employees if called to
testify in cases where their actions or duties within the scope of their
employment are the subject matter of the grievance. In any event, when non-pilot employees are called, every effort
shall be made to minimize interruption to their service with the Company.
is understood and agreed that each and every Board Member shall be free to
discharge his duty in an independent manner, without fear that his individual
relations with the Association, the Company or with the employees may be
affected in any manner by any action taken by him in good faith in his capacity
as a Board member.
expense of stenographic services, when used by mutual agreement to transcribe
Board proceedings, shall be borne equally by the parties.
Members, witnesses, representatives, and grievants shall be granted sufficient
time off as reasonably necessary for the performance of their duties, including
preparing for and presenting cases.
time limits specified in this Article may be extended by mutual agreement of
the Company and the Association.
herein shall be construed to limit, restrict or abridge the rights or
privileges accorded either to the employees or to the employer, or to their
duly accredited representatives, under the provisions of the Railway Labor Act,
Board shall, for a minimum period of five (5) years, maintain a complete record
of all matters submitted to it for its consideration and of all their findings
copy of all minutes, correspondence, decisions and membership changes of the
System Board of Adjustment shall be furnished to the ALPA designated Contract
Administration Office, MEC Chairman, and Director of Operations.
Chairman of the Board, on the request of either party or any individual Board
Member, may summon any witnesses who are employed by the Company who may be
deemed necessary to the dispute.
Board shall have the authority to incur other expenses as in their judgment may
be deemed necessary for the proper conduct of the business of the Board, and
these expenses shall be borne one-half (.5) by each of the parties.
12. The Board shall have the authority for the administration and interpretation of this Article of the Agreement.