SYSTEM BOARD OF ADJUSTMENT. Section 1. In compliance with Section 204, Title II of the Railway Labor Act, as amended, there is hereby established a System Board of Adjustment, which shall be known as the “AIR LOGISTICS PILOT’S SYSTEM BOARD OF ADJUSTMENT” (hereinafter referred to as the Board). Section 2. The Board shall have jurisdiction over disputes between any Pilot and the Company with respect to discipline or discharge, and over grievances or disputes growing out of the interpretation or application of this Agreement. The Company and the Union intend that procedures set forth in this Article shall be the exclusive and mandatory forum of all such disputes. Section 3. The Board shall not have jurisdiction over any disputes unless all of the procedures required in Article 32 have been completely exhausted with respect to the dispute, and the dispute has been properly submitted to the Board pursuant to the provision of this Article. Section 4. The Board shall have no jurisdiction to modify, add to, or otherwise change the terms of this Agreement, or to establish or change the rates of pay, rules, and working conditions covered by this Agreement. Section 5. The Board shall consist of two (2) members, one (1) of whom shall be selected and appointed by the Company and one (1) of whom shall be the President of Local 107 or his designee. Board members shall have a vote in connection with all actions taken by the Board. The Board shall render its decision in no more than thirty (30) days after the filing of the appeal. A. In the event the two (2) member Board is not able to reach a decision with respect to a particular dispute, either party may submit the dispute to a neutral arbitrator within ten (10) days after the two (2) members of the Board reach a deadlock. Section 6. Members of the Board who are employees of the Company shall suffer no loss of pay while attending Board meetings. Section 7. Decisions of the Board shall be final and binding upon the Company, the Union, and the affected Pilot(s). Section 8. The party appealing a final decision under Article 32 shall submit the dispute for consideration by the Board, within fourteen (14) calendar days of that decision. If the appeal is not made within the fourteen (14) day period, the System Board of Adjustment does not have jurisdiction over the dispute. Section 9. All disputes referable to the Board shall be sent to the Director of Human Resources. Section 10. Each case submitted shall be addressed to the Members of the Board and state: A. The question or questions at issue; B. A statement of the facts with supporting documents; C. A reference to the applicable provision(s), if any, of the Agreement alleged to have been breached; D. The position of the Pilot or Pilots. E. The remedy requested; and F. The position of the Company. Section 11. In the event the parties cannot agree on a neutral arbitrator, within ten (10) days thereafter, either party may request that the American Arbitration Association (AAA) submit a list of seven (7) potential neutrals, and the neutral shall be selected in accordance with the rules of AAA. Section 12. The Company and the Union will assume the travel expense and other related expenses of the Board Members selected by them, and of the witnesses called by them. Expenses for witnesses called by the Board shall be borne one-half (1/2) by each of the parties. Section 13. The expenses and reasonable compensation of the Neutral selected as provided herein shall be borne equally by the Company and the Union.
Appears in 1 contract
SYSTEM BOARD OF ADJUSTMENT. Section 1. In compliance with Section 204A. There is hereby established, Title II pursuant to the provisions of the Railway Labor Act, as amended, there is hereby established a System an Adjustment Board. This Board of Adjustment, which shall will handle such matters as may be known as the “AIR LOGISTICS PILOT’S SYSTEM BOARD OF ADJUSTMENT” (hereinafter properly referred to as the Board)it.
Section 2. The B. This Board shall have jurisdiction over disputes between any Pilot and the Company with respect to discipline or discharge, and over grievances or disputes growing out of the interpretation or application of this Agreement. The Company and the Union intend that procedures set forth in this Article shall will be the exclusive and mandatory forum of all such disputes.
Section 3. The Board shall not have jurisdiction over any disputes unless all of the procedures required in Article 32 have been completely exhausted with respect to the dispute, and the dispute has been properly submitted to the Board pursuant to the provision of this Article.
Section 4. The Board shall have no jurisdiction to modify, add to, or otherwise change the terms of this Agreement, or to establish or change the rates of pay, rules, and working conditions covered by this Agreement.
Section 5. The Board shall consist composed of two (2) members, one (1I) of whom shall be selected and appointed by the Company and one (1) selected by the Union and will meet quarterly.
C. This Adjustment Board will have no jurisdiction whatsoever over proposals or disputes relating to changes in hours of whom shall work, rates of pay, rules or working conditions.
D. The members of the Board will select a Chairman whose term of office will be one (1) year, provided that the President office of Local 107 or his designee. Chairman will be filled alternatively by a member representative of the Company and a member representative of the Union.
E. The Chairman will preside at meetings of the Board members shall and will have a vote on the adoption of all decisions of the board.
F. All disputes properly referred to the Board for consideration will be addressed to the Chairman. Three (3) copies of each petition, including all papers and exhibits in connection with all actions taken by therewith, will be forwarded to the Board. The Chairman who will promptly transmit one copy to the other Board shall render its decision in no more than thirty (30) days after the filing of the appealmember.
A. In the event the two (1) Question or questions at issue;
(2) member Statement of facts;
(3) Position of employee or employees and I or Union; and
(4) Position of the Company.
G. A majority vote of all members of the Board is not able will be sufficient to reach make a finding or decision with respect to a particular disputeany dispute properly submitted to it, either party may submit the dispute to a neutral arbitrator within ten (10) days after the two (2) members of the Board reach a deadlock.
Section 6. Members of the Board who are employees of the Company shall suffer no loss of pay while attending Board meetings.
Section 7. Decisions of the Board shall and such findings or decision will be final and binding upon the Company, the Union, and the affected Pilot(s)parties to such dispute.
Section 8. The party appealing H. Upon failure of the Board to agree upon the finding or decision because of inability to secure a final decision under Article 32 shall submit the dispute for consideration by majority vote of all members of the Board, within fourteen (14) calendar days the Board will forthwith agree upon and select an impartial person to be known as a "referee" to sit with the Board as an additional member thereof in the further hearing and determination of that decisionthe case. If the appeal Board is not made unable to agree upon the selection of such additional member within the fourteen fifteen (1415) day perioddays, the System Board of Adjustment does not moving party will have jurisdiction over the dispute.
Section 9. All disputes referable to the Board shall be sent to the Director of Human Resources.
Section 10. Each case submitted shall be addressed to the Members of the Board and state:
A. The question or questions at issue;
B. A statement of the facts with supporting documents;
C. A reference to the applicable provision(s), if any, of the Agreement alleged to have been breached;
D. The position of the Pilot or Pilots.
E. The remedy requested; and
F. The position of the Company.
Section 11. In the event the parties cannot agree on a neutral arbitratoran additional fifteen (15) days, within ten (10) days thereafter, either party may which to request that the American Arbitration Association (AAA) submit National Mediation Board to name a list panel of seven (7) potential neutralsreferees from which each party may strike three (3). If a request is not made, the matter will be deemed closed but without precedential value. When a panel is requested and stricken, the remaining referee will be appointed to the System Board as the referee and when so named, the Board will immediately arrange for a determination of the dispute by such "referee".
I. In cases involving medical disputes, the parties agree that the members of the System Board should give consideration to all evidence presented, including evidence, if any from a Company or employee physician.
J. Findings and decisions of the Board will be stated in writing, and the neutral shall decision of the Board will be selected in accordance with the rules of AAAfinal and binding upon all parties thereto.
Section 12. K. The Company Board will keep a complete and the Union will assume the travel expense accurate record of all matters submitted for its consideration and other related of all findings and decisions made.
L. All expenses of the Board Members selected Board, including those incurred by them, and reason of participation of a "referee" in the determination of the witnesses called by them. Expenses for witnesses called by the Board shall controversy, as herein provided, will be borne one-half (1/2) by each of the parties. Section 13. The expenses and reasonable compensation of the Neutral selected as provided herein shall be borne equally by the Company and one-half (1/2) by the Union. The salary or compensation of members of the Board will be paid by the parties selecting such members. So far as space is available, Board members shall receive free transportation, subject to pay load, over the lines of the Company from point of duty to point of a Board meeting and return.
M. Each of the parties hereto will assume the compensation, travel expenses, and other expenses of the witnesses called or summoned by it.
N. It is understood that each Board member will be free to discharge his duty in an independent manner without fear that his individual relations with the company or with the employees hereunder may be affected in any manner by any action taken by him in good faith in his capacity as a Board member.
O. If the Union elects to appeal any discharge or discipline over thirty (30) days, it shall go directly to the System Board level.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SYSTEM BOARD OF ADJUSTMENT. Section 1. 7.1 In compliance with Section 204, Title II of the Railway Labor Act, as amended, there is hereby established this Agreement establishes a System Board of Adjustment, which shall be known as called the Air Methods Pilots’ System Board of Adjustment, hereinafter called “AIR LOGISTICS PILOT’S SYSTEM BOARD OF ADJUSTMENT” (hereinafter referred to as the Board).”
Section 2. 7.2 The Board shall have has jurisdiction over disputes between any Pilot timely filed and the Company with respect to discipline or discharge, and over appropriately processed grievances or disputes growing arising out of the interpretation or and application of the specific provisions of this AgreementAgreement relating to rates of pay, rules, working conditions, discipline and discharge. The Company and the Union intend that procedures set forth in this Article shall be are the exclusive and mandatory forum of for all such disputes.
Section 3. 7.3 The Board shall does not have jurisdiction over any disputes dispute unless all of the procedures required by the Grievance Procedure provided for in Article 32 this Agreement have been timely and completely exhausted with respect to in the dispute, and the dispute has been properly submitted to the Board pursuant to the provision provisions of this Article.
Section 4. The 7.4 Neither the Systems Board nor Arbitrator shall have no any jurisdiction to modify, add to, to or otherwise change alter or amend any of the terms of this Agreement, Agreement or to establish or change the rates of pay, rules, and working conditions covered by this Agreementmake any decision that has such an effect.
Section 5. 7.5 The Board shall consist of two (2) four members, one (1) two of whom shall be selected and appointed by the Company and one (1) two of whom shall be selected and appointed by the President of the Local 107 or his designeeUnion. In disciplinary cases, no Board members member from either side shall have previously made an authoritative decision regarding the merits of the controversy, including decisions to appeal the matter to a higher level. If this occurs the Board member(s) will not participate as a Board member and a alternate Board member(s) will participate in the System Board of Adjustment. A Board member appointed by the Union shall serve as chairman and a Board member appointed by the Company shall serve as vice-chairman in even years, and a Board member appointed by the Company shall serve as chairman and a Board member appointed by the Union shall serve as vice-chairman in odd years. The vice-chairman shall act as chairman in his absence. Each Board member has a vote in connection with all actions taken by the Board. The Board shall render its decision in no more than thirty (30) days after the filing of the appeal.
A. In the event the two (2) member four Board is members cannot able to reach a decision with respect to a particular dispute, the Board will select a neutral member who will decide the dispute. In the event the Board cannot agree on a neutral member, within seven (7) calendar days thereafter either party may request that the Federal Mediation and Conciliation Services (FMCS) submit the dispute to a neutral arbitrator within ten list of seven (107) days after the two (2) arbitrators, all of whom are members of the National Academy of Arbitrators. The Arbitrators shall be selected in accordance with the rules of FMCS. The Board reach a deadlockhearing before the third party neutral member shall be conducted in accordance with the FMCS rules.
Section 6. Members of 7.6 The Board will meet quarterly in a location determined by mutual agreement, provided that at such time there are cases on file with the Board who are employees of the Company shall suffer no loss of pay while attending Board meetingsfor its consideration.
Section 77.7 Any expenses incurred by Board members appointed by one of the parties to this Agreement will be paid by that party. Decisions The fees and expenses of any neutral member of the Board shall be borne equally by the Company and the Union.
Section 7.8 Disputes may only be submitted to the Board by the President of the Local Union or a duly designated officer of the Union or the Company’s Vice President of Human Resources or designee.
Section 7.9 Decisions by the Board are final and binding upon on the Company, the Union, Union and the affected Pilot(s)Pilots, provided they conform to Section 7.4 above.
Section 8. 7.10 The party appealing a final decision under Article 32 the Grievance Procedure in this Agreement shall submit the dispute for consideration by the Board, Board within fourteen (14) calendar days of that decisiondecision as provided in Section 6.1, Step 3. A list of potential witnesses, including all papers and exhibits known to the appealing party shall be submitted to the Board seven (7) days prior to a scheduled Board of Adjustment. Neither party will intimidate or coerce any witness so identified. If the appeal is not made within the this fourteen (14) day period, the System Board of Adjustment does not have jurisdiction over the dispute. The Company will identify new witnesses or exhibits to the Union not later than seven (7) days prior to the Arbitration, if those witnesses or exhibits had not been provided to the System Board.
Section 9. 7.11 All disputes referable referred to the Board shall be sent to the Director Vice President of Human ResourcesResources for the Company and his/her office shall assign a docket number according to the order in which the dispute is received. However, grievances involving suspension or discharge shall be given preference for disposition. All grievances that have been properly submitted to the System Board at least 10 days prior to the scheduled hearing date shall be included on the docket and be heard by the Board at that time.
Section 107.12 The appealing party will ensure that a copy of the petition is served on the members of the Board. Each case submitted shall be addressed to the Members of the Board and must state:
A. The question or questions at issue;
B. A a statement of the facts with supporting documents;
C. A a reference to the applicable provision(s), if any, provisions of the Agreement alleged to have been breached;
D. The the position of the Pilot or Pilots.
E. The remedy requestedaggrieved party; and
F. The position of E. the Companyremedy requested.
Section 11. In 7.13 Decisions by the event the parties cannot agree on a neutral arbitrator, within ten (10) days thereafter, either party may request that the American Arbitration Association (AAA) submit a list of seven (7) potential neutrals, and the neutral Board shall be selected in accordance with rendered no later than thirty (30) calendar days after the rules close of AAAthe hearing or receipt of post-hearing briefs.
Section 12. 7.14 The Company and the Union will assume shall, in good faith, attempt to make a joint submission of their dispute to the travel expense and other related expenses Board. If the parties are unable to agree on a joint submission, the appealing party shall file a submission with the Board containing all of the Board Members selected by theminformation described in Article 6, Section 1, and of the witnesses called by themresponding party may do the same. Expenses for witnesses called by Any party filing a submission with the Board pursuant to this Article shall be borne one-half (1/2) by serve a copy of its submission with the other party.
Section 7.15 The parties agree that each Board member is free to discharge his duties in an independent manner without fear of the parties. Section 13. The expenses and reasonable compensation of the Neutral selected as provided herein shall be borne equally by retaliation from the Company and or the UnionUnion because of any action taken by him in good faith in his capacity as a Board member.
Appears in 1 contract
SYSTEM BOARD OF ADJUSTMENT. Section 1. A. In compliance with Section 204, Title II of the Railway Labor Act, as amended, there is hereby established a System Board of Adjustment, Adjustment for the purpose of adjusting and deciding disputes which shall be known as the “AIR LOGISTICS PILOT’S SYSTEM BOARD OF ADJUSTMENT” (hereinafter referred to as the Board).
Section 2. The Board shall have jurisdiction over disputes between any Pilot and the Company with respect to discipline or discharge, and over grievances or disputes growing out of the interpretation or application of this Agreement. The Company and the Union intend that procedures set forth in this Article shall be the exclusive and mandatory forum of all such disputes.
Section 3. The Board shall not have jurisdiction over any disputes unless all of the procedures required in Article 32 have been completely exhausted with respect to the dispute, and the dispute has been properly submitted to the Board pursuant to the provision of this Article.
Section 4. The Board shall have no jurisdiction to modify, add to, or otherwise change may arise under the terms of this Agreement, or to establish or change the rates of pay, rulesincluding any amendments thereto, and working conditions covered by this Agreementwhich are properly submitted to it. Such Board will be known as the "Mesa Airlines Flight Attendants’ System Board of Adjustment."
Section 5. B. The Board shall will consist of two (2) members, one (1) of whom shall who will be selected and appointed by the Company Union and one (1) of whom shall be the President of Local 107 or his designee. Board members shall have a vote in connection with all actions taken by the BoardCompany and such appointees will be known as Board Members. The With the exception of the neutral arbitrator, all Board shall render its decision in no more Members will be employees of the Company.
C. Appointments of members to the Board other than the neutral arbitrator will be made by the respective parties within thirty (30) days after from the filing date of the appealsigning of this Agreement, and said appointees will meet within sixty (60) days from the date of the signing of this Agreement and will organize and select a Chairman and Vice Chairman, both of whom will be members of the Board. The terms of the office of Chairman and Vice Chairman will be for one (1) year terms. Each officer so selected will serve for one (1) year or until her/his successor has been duly selected. Meetings of the Board will be held in Phoenix, Arizona unless mutually agreed otherwise.
A. In D. The office of Chairman will be filled and held alternately by a Union member of the event Board and by a Company member of the Board. When a Union member is Chairman, a Company member will be Vice Chairman, and vice versa.
E. The Board will have jurisdiction over disputes which arise out of grievances or out of interpretation or application of any of the terms of this Agreement, provided the procedures set forth in Section 14 have been followed. The jurisdiction of the Board will not extend to proposed changes in hours of employment, rates of compensation or working conditions.
F. All disputes properly submitted to the Board must be in writing with copies to the parties and must be submitted within the time limits set forth in Section 14 of this Agreement. The submission to the Board must include:
1. Question or questions at issue;
2. Statement of facts;
3. Position of Flight Attendant or Flight Attendants; and,
4. Position of Company.
G. 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.
H. Upon receipt of notice of the submission of a dispute, the matter will be docketed for hearing before the next regular meeting of the Board. Upon submission of a dispute to the Board, the parties will discuss the possibility of attempting to resolve the dispute through grievance mediation under the auspices of the National Mediation Board. If the parties mutually agree to grievance mediation, the two (2) member Board is not able to reach a decision with respect to a particular dispute, either party may submit the dispute to a neutral arbitrator within ten (10) days after the two (2) members of the Board reach a deadlock.
Section 6. Members of the Board who are employees of the Company shall suffer no loss of pay while attending Board meetings.
Section 7. Decisions of the Board shall step will be final and binding upon the Company, the Union, and the affected Pilot(s).
Section 8. The party appealing a final decision under Article 32 shall submit the dispute for consideration by the Board, within fourteen (14) calendar days of that decisionwaived. If the appeal is parties do not made within the fourteen (14) day periodmutually agree to grievance mediation, the System Board of Adjustment does not have jurisdiction over the dispute.
Section 9. All disputes referable parties will attempt to agree upon a date for hearing and advise the Board shall be sent to the Director of Human Resources.
Section 10thereof. Each case submitted shall be addressed to the Members of the Board and state:
A. The question or questions at issue;
B. A statement of the facts with supporting documents;
C. A reference to the applicable provision(s), if any, of the Agreement alleged to have been breached;
D. The position of the Pilot or Pilots.
E. The remedy requested; and
F. The position of the Company.
Section 11. In the event If the parties cannot agree on a neutral arbitrator, within ten (10) days thereafterare unable to reach agreement, either party may request that the American Arbitration Association Chairman to set a date for hearing.
I. In the event of a deadlock of any dispute properly referable to it, it will be the duty of the Board to endeavor to agree within thirty (AAA30) submit days from the date of such deadlock upon a list procedure for breaking such deadlock. The said procedure for breaking a deadlock will, when found necessary as a final step to settle a deadlock case, include the appointment of seven (7) potential neutrals, and the a neutral shall person to be selected in accordance known as an arbitrator to sit with the rules of AAA.
Section 12Board as a member and make the award. The Company and the Union will assume select the travel expense and other related expenses of neutral arbitrator from the Board Members selected by them, and of the witnesses called by themlist below. Expenses for witnesses called by the Board shall be borne one-half (1/2) by each of the parties. Section 13. The expenses and reasonable compensation of the Neutral selected as provided herein shall be borne equally by If the Company and the UnionUnion cannot agree upon the arbitrator or a method for selecting her/him, they will select her/him by alternately striking names from the panel. The order of striking will be determined by lot for the first case in which an arbitrator is chosen, and, in subsequent cases, the parties will alternate taking the first strike. The Chairman or her/his designee will immediately contact the selected arbitrator to determine her/his availability and will advise the other Board member and they will agree upon a date for the hearing.
J. The responsibility of the arbitrator is to preside at the hearings of the Board and to guide the parties in the presentation of testimony, exhibits and argument at hearings. A majority of the Board will have the right to call witnesses to ensure that a fair, prompt and orderly hearing is afforded.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SYSTEM BOARD OF ADJUSTMENT. Section 1. In compliance with Section 204, Title II of the Railway Labor Act, as amended, there is hereby established this Agreement establishes a System Board of Adjustment, which shall be known as called the Petroleum Helicopters Pilots’ System Board of Adjustment, hereinafter called “AIR LOGISTICS PILOT’S SYSTEM BOARD OF ADJUSTMENT” (hereinafter referred to as the Board).”
Section 2. The Board shall have has jurisdiction over disputes between any Pilot timely filed and the Company with respect to discipline or discharge, and over appropriately processed grievances or disputes growing arising out of the interpretation or and application of this AgreementAgreement relating to rates of pay, rules, working conditions, discipline and discharge. The Company and the Union intend that procedures set forth in this Article shall be are the exclusive and mandatory forum of for all such disputes.
Section 3. The Board shall does not have jurisdiction over any disputes dispute unless all of the procedures required by the Grievance Procedure provided for in Article 32 this Agreement have been timely and completely exhausted with respect to in the dispute, and the dispute has been properly submitted to the Board pursuant to the provision provisions of this Article.
Section 4. The Board shall have has no jurisdiction to modify, add to, to or otherwise change alter or amend any of the terms of this Agreement, or to establish or change the rates of pay, rules, and working conditions covered by this Agreement.
Section 5. The Board shall consist of two (2) four members, one (1) two of whom shall be selected and appointed by the Company Employer and one (1) two of whom shall be selected and appointed by the President of the Local 107 or Union. A Board member appointed by the Union shall serve as chairman and a Board member appointed by the Employer shall serve as vice-chairman in even years, and a Board member appointed by the Employer shall serve as chairman and a Board member appointed by the Union shall serve as vice-chairman in odd years. The vice-chairman shall act as chairman in his designeeabsence. Each Board members shall have member has a vote in connection with all actions taken by the Board. The Board shall render its decision in no more than thirty (30) days after the filing of the appeal.
A. In the event the two (2) member four Board is members cannot able to reach a decision with respect to a particular dispute, either party may submit the dispute to Board will select a neutral arbitrator member who will decide the dispute. In the event the Board cannot agree on a neutral member, within ten (10) calendar days after thereafter either party may request that the two American Arbitration Association (2AAA) submit a list of seven potential neutrals, and the neutral shall be selected in accordance with the rules of AAA.
6. The Board will meet quarterly in Lafayette (unless a different location is agreed upon by the members of the Board), provided that at such time there are cases on file with the Board reach a deadlockfor its consideration.
Section 67. Members Any expenses incurred by Board members appointed by one of the Board who are employees of parties to this Agreement will be paid by that party. Any pilot called as a witness by the Company shall neutral will suffer no loss of pay while attending Board meetings.
Section 7as a result of testifying at any hearing before the neutral. Decisions The fees and expenses of any neutral member of the Board shall be borne equally by the Employer and the Union
8. Disputes may only be submitted to the Board by the President of the Local Union or a duly designated officer of the Union or the Employer.
9. Decisions by the Board are final and binding upon on the CompanyEmployer, the Union, Union and the affected Pilot(s)pilots.
Section 810. The party appealing a final decision under Article 32 the Grievance Procedure in this Agreement shall submit the dispute for consideration by the Board, including all papers and exhibits, within fourteen (14) calendar days of that decision. If the appeal is not made within the with this fourteen (14) day period, the System Board of Adjustment does not have jurisdiction over the dispute.
Section 911. All disputes referable referred to the Board shall be sent to the Director of Human ResourcesResources of the Employer and his office shall assign a docket number according to the order in which the dispute is received.
Section 1012. The appealing party will ensure that a copy of the petition is served on the members of the Board.
13. Each case submitted shall be addressed to the Members of the Board and must state:
A. The question or questions at issue;
B. A a statement of the facts with supporting documents;
C. A a reference to the applicable provision(s), if any, provisions of the Agreement alleged to have been breached;
D. The the position of the Pilot or Pilots.aggrieved party;
E. The the remedy requested; and
F. The the position of the Companyopposing party.
Section 1114. In the event the parties cannot agree on a neutral arbitrator, within ten (10) days thereafter, either party may request that the American Arbitration Association (AAA) submit a list of seven (7) potential neutrals, and the neutral shall be selected in accordance with the rules of AAA.
Section 12. The Company and the Union will assume the travel expense and other related expenses of the Board Members selected by them, and of the witnesses called by them. Expenses for witnesses called Decisions by the Board shall be borne one-half rendered no later than thirty (1/230) by each days after the close of the parties. Section 13hearing.
15. The expenses Employer and reasonable compensation the Union shall, in good faith, attempt to make a joint submission of their dispute to the Board. If the parties are unable to agree on a joint submission, the appealing party shall file a submission with the Board containing all of the Neutral selected as provided herein shall be borne equally by the Company information described in Section 13 of this Article, and the Unionresponding party may do the same. Any party filing a submission with the Board pursuant to this Article shall serve a copy of its submission with the other party.
16. The parties agree that each Board member is free to discharge his duties in an independent manner without fear of retaliation from the Employer or the Union because of any action taken by him in good faith in his capacity as a Board member.
Appears in 1 contract
SYSTEM BOARD OF ADJUSTMENT. Section 1. 7.1 In compliance with Section 204, Title II of the Railway Labor Act, as amended, there is hereby established this Agreement establishes a System Board of Adjustment, which shall be known as called the Air Methods Pilots’ System Board of Adjustment, hereinafter called “AIR LOGISTICS PILOT’S SYSTEM BOARD OF ADJUSTMENT” (hereinafter referred to as the Board).”
Section 2. 7.2 The Board shall have has jurisdiction over disputes between any Pilot timely filed and the Company with respect to discipline or discharge, and over appropriately processed grievances or disputes growing arising out of the interpretation or and application of the specific provisions of this AgreementAgreement relating to rates of pay, rules, working conditions, discipline and discharge. The Company and the Union intend that procedures set forth in this Article shall be are the exclusive and mandatory forum of for all such disputes.
Section 3. 7.3 The Board shall does not have jurisdiction over any disputes dispute unless all of the procedures required by the Grievance Procedure provided for in Article 32 this Agreement have been timely and completely exhausted with respect to in the dispute, and the dispute has been properly submitted to the Board pursuant to the provision provisions of this Article.
Section 4. The 7.4 Neither the Systems Board nor Arbitrator shall have no any jurisdiction to modify, add to, to or otherwise change alter or amend any of the terms of this Agreement, Agreement or to establish or change the rates of pay, rules, and working conditions covered by this Agreementmake any decision that has such an effect.
Section 5. 7.5 The Board shall consist of two (2) four members, one (1) two of whom shall be selected and appointed by the Company and one (1) two of whom shall be selected and appointed by the President of the Local 107 or his designeeUnion. In disciplinary cases, no Board members member from either side shall have previously made an authoritative decision regarding the merits of the controversy, including decisions to appeal the matter to a higher level. If this occurs the Board member(s) will not participate as a Board member and a alternate Board member(s) will participate in the System Board of Adjustment. A Board member appointed by the Union shall serve as chairman and a Board member appointed by the Company shall serve as vice-chairman in even years, and a Board member appointed by the Company shall serve as chairman and a Board member appointed by the Union shall serve as vice-chairman in odd years. The vice-chairman shall act as chairman in his absence. Each Board member has a vote in connection with all actions taken by the Board. The Board shall render its decision in no more than thirty (30) days after the filing of the appeal.
A. In the event the two (2) member four Board is members cannot able to reach a decision with respect to a particular dispute, the Board will select a neutral member who will decide the dispute. In the event the Board cannot agree on a neutral member, within seven (7) calendar days thereafter either party may request that the Federal Mediation and Conciliation Services (FMCS) submit the dispute to a neutral arbitrator within ten list of seven (107) days after the two (2) arbitrators, all of whom are members of the National Academy of Arbitrators. The Arbitrators shall be selected in accordance with the rules of FMCS. The Board reach a deadlockhearing before the third party neutral member shall be conducted in accordance with the FMCS rules.
Section 6. Members of 7.6 The Board will meet quarterly in a location determined by mutual agreement, provided that at such time there are cases on file with the Board who are employees of the Company shall suffer no loss of pay while attending Board meetingsfor its consideration.
Section 77.7 Any expenses incurred by Board members appointed by one of the parties to this Agreement will be paid by that party. Decisions The fees and expenses of any neutral member of the Board shall be borne equally by the Company and the Union.
Section 7.8 Disputes may only be submitted to the Board by the President of the Local Union or a duly designated officer of the Union or the Company’s Vice President of Human Resources or designee.
Section 7.9 Decisions by the Board are final and binding upon on the Company, the Union, Union and the affected Pilot(s)Pilots, provided they conform to Section 7.4 above.
Section 8. 7.10 The party appealing a final decision under Article 32 the Grievance Procedure in this Agreement shall submit the dispute for consideration by the Board, Board within fourteen (14) calendar days of that decisiondecision as provided in Section 6.1, Step 3. A list of potential witnesses, including all papers and exhibits known to the appealing party shall be submitted to the Board seven (7) days prior to a scheduled Board of Adjustment. Neither party will intimidate or coerce any witness so identified. If the appeal is not made within the this fourteen (14) day period, the System Board of Adjustment does not have jurisdiction over the dispute. The Company will identify new witnesses or exhibits to the Union not later than seven (7) days prior to the Arbitration, if those witnesses or exhibits had not been provided to the System Board.
Section 9. 7.11 All disputes referable referred to the Board shall be sent to the Director Vice President of Human ResourcesResources for the Company and his/her office shall assign a docket number according to the order in which the dispute is received. However, grievances involving suspension or discharge shall be given preference for disposition. All grievances that have been properly submitted to the System Board at least 10 days prior to the scheduled hearing date shall be included on the docket and be heard by the Board at that time.
Section 107.12 The appealing party will ensure that a copy of the petition is served on the members of the Board. Each case submitted shall be addressed to the Members of the Board and must state:
A. The question or questions at issue;
B. A a statement of the facts with supporting documents;
C. A a reference to the applicable provision(s), if any, provisions of the Agreement alleged to have been breached;
D. The the position of the Pilot or Pilots.
aggrieved party; and E. The the remedy requested; and
F. The position of the Company.
Section 11. In 7.13 Decisions by the event the parties cannot agree on a neutral arbitrator, within ten (10) days thereafter, either party may request that the American Arbitration Association (AAA) submit a list of seven (7) potential neutrals, and the neutral Board shall be selected in accordance with rendered no later than thirty (30) calendar days after the rules close of AAAthe hearing or receipt of post-hearing briefs.
Section 12. 7.14 The Company and the Union will assume shall, in good faith, attempt to make a joint submission of their dispute to the travel expense and other related expenses Board. If the parties are unable to agree on a joint submission, the appealing party shall file a submission with the Board containing all of the Board Members selected by theminformation described in Article 6, Section 1, and of the witnesses called by themresponding party may do the same. Expenses for witnesses called by Any party filing a submission with the Board pursuant to this Article shall be borne one-half (1/2) by serve a copy of its submission with the other party.
Section 7.15 The parties agree that each Board member is free to discharge his duties in an independent manner without fear of the parties. Section 13. The expenses and reasonable compensation of the Neutral selected as provided herein shall be borne equally by retaliation from the Company and or the UnionUnion because of any action taken by him in good faith in his capacity as a Board member.
Appears in 1 contract
SYSTEM BOARD OF ADJUSTMENT. Section 1. A. Establishment and Purpose In compliance with Section 204, Title II 11, of the Railway Labor Act, as amended, there is hereby established a System Board of Adjustment, Adjustment for the purpose of adjusting and deciding disputes which may arise under the terms of this Agreement and which are properly submitted to it. This board shall be known as the “AIR LOGISTICS PILOT’S SYSTEM BOARD OF ADJUSTMENT” Chautauqua Dispatchers' System Board of Adjustment (hereinafter referred to as the "Board").
Section 2. The Board shall have jurisdiction over disputes between any Pilot and the Company with respect to discipline or discharge, and over grievances or disputes growing out B. Composition of the interpretation or application of this Agreement. The Company and the Union intend that procedures set forth in this Article shall be the exclusive and mandatory forum of all such disputes.Board
Section 3. The Board shall not have jurisdiction over any disputes unless all of the procedures required in Article 32 have been completely exhausted with respect to the dispute, and the dispute has been properly submitted to the Board pursuant to the provision of this Article.
Section 4. The Board shall have no jurisdiction to modify, add to, or otherwise change the terms of this Agreement, or to establish or change the rates of pay, rules, and working conditions covered by this Agreement.
Section 51. The Board shall consist of two (2) members, one (1) of whom shall be selected and member appointed by the Company and one (1) of whom member appointed by the Union. A third member shall be the President of Local 107 or his designee. Board members shall have a vote in connection with all actions taken by the Board. The Board shall render its decision in no more than thirty (30) days after the filing of the appeal.
A. In the event the two (2) member Board is not able to reach a decision with respect to a particular dispute, either party may submit the dispute to a neutral arbitrator within ten (10) days after the two (2) members of the Board reach a deadlock.
Section 6. Members of the Board who are employees of the Company shall suffer no loss of pay while attending Board meetings.
Section 7. Decisions of the Board shall be final and binding upon the Company, the Union, and the affected Pilot(s).
Section 8. The party appealing a final decision under Article 32 shall submit the dispute for consideration by the Board, within fourteen (14) calendar days of that decision. If the appeal is not made within the fourteen (14) day period, the System Board of Adjustment does not have jurisdiction over the dispute.
Section 9. All disputes referable added to the Board shall be sent to the Director of Human Resources.
Section 10. Each case submitted shall be addressed to the Members of the Board and state:
A. The question or questions at issue;
B. A statement of the facts with supporting documents;
C. A reference to the applicable provision(s), if any, of the Agreement alleged to have been breached;
D. The position of the Pilot or Pilots.
E. The remedy requested; and
F. The position of the Company.
Section 11. In the event the parties cannot agree on serve as a neutral arbitrator, within ten (10) days thereafter, either party may request that referee for the American Arbitration Association (AAA) submit a list purpose of seven (7) potential neutrals, and the neutral shall be selected in accordance with the rules of AAA.
Section 12hearing an arbitration conducted pursuant to this Section. The Company and the Union will assume shall advise each other in writing of the travel expense name, position, address and other related expenses phone number of their initial appointments to the Board and any subsequent replacement appointments.
2. A Chairperson and Vice Chairperson of the Board Members will be selected by themfrom the Board members. The office of Chairperson shall alternate yearly between the Company Board member and the Union Board member, and of with the witnesses called by them. Expenses for witnesses called Chairperson position being held by the Union-appointed Board member in even-numbered years. Whenever the position of Chairperson is filled by a Company-appointed Board member, the position of Vice Chairperson shall be borne onefilled by the Union-half (1/2) by each of appointed Board member and vice versa.
3. Whenever the parties. Section 13. The expenses and reasonable compensation of the Neutral selected as provided herein shall be borne equally by Board is convened to hear an arbitration, the Company and Union may elect to appoint an alternate to serve as a Board member for the Unionarbitration.
4. The appointment of a neutral referee shall be by mutual agreement between the parties from the panel described in paragraph G below or, if the parties are unable to reach agreement, by the alternate strike method whereby each party shall alternately strike the name of a panel member with the last remaining panel member being the neutral referee for the subject arbitration.
C. Jurisdiction of the Board The Board shall have jurisdiction over and shall consider all disputes properly submitted to it that are covered under the terms of this Agreement and that arise through grievance out of disputed interpretations or applications of this Agreement or that involve discipline or discharge. The jurisdiction shall not extend to proposed changes in hours of employment, rates of compensation, or working conditions nor shall the Board have the authority to alter the express terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement (Republic Airways Holdings Inc)
SYSTEM BOARD OF ADJUSTMENT. Section 1. A. In compliance with Section 204, Title II of the Railway Labor Act, as amended, there is hereby established a System Board of AdjustmentAdjustment is established for the purpose of adjusting and deciding disputes which may arise under the terms of this Agreement and any amendments or additions hereto and which are properly submitted to it, which Board shall be known as the “AIR LOGISTICS PILOT’S SYSTEM BOARD OF ADJUSTMENTKitty Hawk Aircargo, Inc. Pilots’ System Board of Adjustment,” (hereinafter referred to as the “Board).”
Section 2. The Board shall have jurisdiction over disputes between any Pilot and the Company with respect to discipline or discharge, and over grievances or disputes growing out of the interpretation or application of this Agreement. The Company and the Union intend that procedures set forth in this Article shall be the exclusive and mandatory forum of all such disputes.
Section 3. The Board shall not have jurisdiction over any disputes unless all of the procedures required in Article 32 have been completely exhausted with respect to the dispute, and the dispute has been properly submitted to the Board pursuant to the provision of this Article.
Section 4. The Board shall have no jurisdiction to modify, add to, or otherwise change the terms of this Agreement, or to establish or change the rates of pay, rules, and working conditions covered by this Agreement.
Section 5. B. The Board shall consist of two three (23) members, one (1) of whom shall be selected and appointed by the Company Association and one (1) of whom by the Company, who shall be known as “Board Members,” and one (1) neutral member, who shall be known as the “Neutral Board Member” and shall be selected in accordance with paragraph G or any other process mutually acceptable to the Company and the Association. Each party shall advise the other, in writing, of the name(s) of persons who have been appointed to sit as Board Members in a case. Except for the Neutral Board Member, Board Members must be employees of the Company.
C. The jurisdiction of the Board shall not extend to proposed changes in hours of employment, rates of compensation, or working conditions, nor may the Board add to, delete from or otherwise alter or amend the provisions of this Agreement. The Neutral Board Member shall have authority to hear and resolve questions of interpretation regarding this Agreement.
D. The Board shall consider any dispute properly submitted to it by the Chairman or Vice Chairman of the Association MEC or by the Company’s Vice President of Local 107 Flight Operations or his designee. , when such dispute has not been previously settled in accordance with the terms of this Agreement.
E. All disputes referred to the Board members shall have a vote in connection with all actions taken by the BoardAssociation for consideration shall be addressed to the Vice President of Flight Operations. The All disputes referred to the Board by the Company shall render its decision in no more than thirty (30) days after be addressed to the filing of the appealKPA MEC Chairman or Vice Chairman.
A. In 1. Each case submitted shall show:
a. Question or questions at issue.
b. Statement of facts.
c. Position of pilot(s) or the event Association.
d. Position of Company.
e. Relief requested.
2. When possible, joint submissions should be made, but if the two (2) member Board is not able parties are unable to reach agree upon a decision with respect to a particular disputejoint submission, then either party may submit the dispute and its position to the Board. No matter shall be considered by the Board which has not first been submitted in accordance with this Section of the Agreement.
F. Unless the parties agree to bypass mediation, each case submitted to the System Board shall be submitted to mediation pursuant to the procedures outlined below:
1. A one time training session for the mediation participants will be conducted by the National Mediation Board and will be held on a mutually agreeable date at a location selected by the National Mediation Board. Thereafter, mediation proceedings conducted pursuant to paragraph F will be held in the locale where the general offices of the Company are located or at a mutually agreeable site, or by telephone.
2. Mediators either will be provided by the National Mediation Board pursuant to a neutral arbitrator process agreed upon by the parties or by any other method mutually agreed upon by the parties. All private Mediator fees and expenses, including the cost of any conference facilities or materials, will be shared equally between the parties. Each party shall bear the cost and expenses of its participants in the mediation.
3. Prior to the start of each calendar year, provided cases are pending, in coordination with the National Mediation Board or mediator otherwise selected, the parties shall mutually agree upon sufficient days per calendar quarter in which to mediate pending cases.
4. Cases will be scheduled for Mediation Conference in the quarter in which they are submitted or in the subsequent quarter. In the event the cases cannot be scheduled during the available dates in the current or subsequent quarter, additional dates will be agreed upon to accommodate the cases.
5. The issue mediated will be the same as the issue the parties have failed to resolve through the grievance process. The presentation of evidence is not limited to that presented at any previous step of the grievance procedure. The rules of evidence shall be those of the American Arbitration Association, and no transcript of the Mediation Conference shall be made.
6. The pilot(s) will have the right to be present for the presentation of their case. Other attendees will include those individuals needed to present the parties’ position and to reach agreement with authority to bind their respective party. Non-participating observers will not be admitted except by mutual agreement of the parties.
7. The Company and the Association shall each appoint a principal spokesperson, who may be an attorney, for the Mediation Conference.
8. The mediation process shall be informal. The Mediator has authority to meet both jointly and separately with the parties; however, the Mediator has no authority to compel resolution of the grievance.
9. The record of the mediation shall be closed and inadmissible in any subsequent proceeding unless a written settlement is reached, in which case the record shall be admissible solely to interpret or apply the settlement, if necessary.
10. The parties may jointly request the Mediator to give an oral advisory opinion.
11. Written material presented to the Mediator or to the other party shall be returned to the party presenting that material at the termination of the Mediation Conference.
12. In the event a grievance that had been the subject of a Mediation Conference is subsequently heard before the System Board of Adjustment, the Mediator may not serve as the Neutral Board Member of the System Board, nor may he be called as a witness by either party in the Board’s proceedings. During the System Board proceedings on such grievance, no reference will be made to the fact that the grievance was the subject of a Mediation Conference, nor will there be any reference to statements made, documents provided, or actions taken by either the Mediator or participants during the course of a Mediation Conference, unless the party offering such statements, documents or actions would have had access to or been entitled to them outside of the Mediation Conference.
13. By agreeing to schedule a Mediation Conference, the parties are not waiving any procedural argument(s) that they have regarding the case. Both the Company and the Association reserve the right to raise jurisdictional or procedural issues notwithstanding their agreement to schedule such Conference.
14. The jurisdiction of the Mediator shall not extend to proposed changes in hours of employment, rates of compensation or working conditions, nor may the Mediator add to, delete from or otherwise alter or amend the provisions of this Agreement.
15. All parties involved in the Mediation Conference, including the Mediator, are barred from disseminating information concerning the Conference and/or individual grievances to the public, the media or like sources, provided, however, neither party is barred from disseminating general information regarding the scheduling and outcome of a mediation.
16. The scheduling of hearings and meetings will be coordinated between the parties.
G. If mediation does not successfully resolve a case, or if the parties agree to bypass mediation, the Company and the Association shall, within ten thirty (1030) days, agree upon the selection of a Neutral Board Member. Such Neutral Board Members shall be members of the National Academy of Arbitrators and shall have aviation case experience. If the parties are unable to agree upon a Neutral Board Member, the parties will select a Neutral Board Member from the list of Neutral Board Members, using an alternate strike method. Should it become necessary to replace, or should either party elect to remove, a Neutral Board Member, the parties shall mutually agree upon a replacement. The parties shall meet annually to agree upon a list of Neutral Arbitrators.
H. In coordination with the Neutral Board Member, the parties shall set a time and date for hearing, which shall not be more than sixty (60) days after such request for hearing, unless mutually agreed otherwise. At least fourteen (14) days in advance of the two (hearing date the parties shall exchange copies of documentary evidence falling within the ambit of Section 21, paragraphs ▇.▇, ▇.▇, ▇.▇, ▇▇▇ ▇.▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇.▇, ▇.▇, D.4 and D.5 which have been subsequently acquired.
1. A copy of the submission, including all papers and exhibits properly referred to the Board for consideration, shall be provided to the Neutral Board Member and the Board Members as soon as they are known.
2) members . The Neutral Board Member shall preside at meetings and hearings of the Board reach and shall serve as Chairman. It shall be the responsibility of the Chairman to guide the parties in the presentation of testimony, exhibits and argument at hearings to the end that a deadlockfair, prompt and orderly hearing of the dispute is afforded. The Board shall meet in the locale where the company’s general offices are located unless the parties agree to meet at another location.
Section 3. Crewmembers may be represented at Board hearings by such person or persons as they may designate. The Company and the Association may be represented by such person or persons as they may designate, provided that the Association is not representing the pilot(s). Evidence may be presented either orally or in writing, or both.
4. The Board may, by a majority vote, summon any witnesses who are employed by the Company and who may be deemed necessary by the parties to the dispute, or by either party, or by the Board itself.
5. The number of witnesses summoned at any one time shall not be greater than the number which can be spared from the operation without unduly disrupting the operation of the Company. Witnesses providing testimony shall do so under oath.
6. Members The Board will render its decision in writing as promptly as possible.
I. A majority of the votes of the Board who are employees of the Company shall suffer no loss of pay while attending Board meetingsbe competent to make a decision.
Section 7. J. Decisions of the Board in all cases properly referable to it shall be final and binding upon the Company, the Union, and the affected Pilot(s)parties.
Section 8. The party appealing a final decision under Article 32 shall submit the dispute for consideration by the Board, within fourteen (14) calendar days of that decision. If the appeal is not made within the fourteen (14) day period, the System Board of Adjustment does not have jurisdiction over the dispute.
Section 9. All disputes referable to the Board shall be sent to the Director of Human Resources.
Section 10. Each case submitted shall be addressed to the Members of the Board and state:
A. The question or questions at issue;
B. A statement of the facts with supporting documents;
C. A reference to the applicable provision(s), if any, of the Agreement alleged to have been breached;
D. The position of the Pilot or Pilots.
E. The remedy requested; and
F. The position of the Company.
Section 11. In the event the parties cannot agree on a neutral arbitrator, within ten (10) days thereafter, either party may request that the American Arbitration Association (AAA) submit a list of seven (7) potential neutrals, and the neutral shall be selected in accordance with the rules of AAA.
Section 12. The Company and the Union will assume the travel expense and other related expenses of the Board Members selected by them, and of the witnesses called by them. Expenses for witnesses called by the Board shall be borne one-half (1/2) by each of the parties. Section 13. K. The expenses and reasonable compensation of the Neutral Board Member will be borne equally by the parties. Each of the parties will assume the compensation, travel expenses and other expenses of the Board Members selected by it and the non-employee witnesses called by it.
L. Each 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.
M. For purposes of traveling to and from a System Board hearing, the pilot, witnesses and representatives who are employees of the Company or the Association and all grievants shall, whenever possible, be provided herein with transportation over the lines of the Company. If it is necessary to purchase air transportation, then the cost of air transportation for Association witnesses shall be paid for by the Association. They shall receive no pay or credit for such deadhead. For witnesses that are not employees of the Company, each side shall bear the cost for its witnesses.
N. When it is mutually agreed that a stenographic report, audio recording, or other transcription is to be taken of the hearing in whole or in part, the cost will be borne equally by both parties to the dispute. In the event it is not mutually agreed that such transcription or recording be taken, any transcription or recording taken of such hearing made by either of the parties shall be furnished to the other party, upon request, provided that the cost of such transcription or recording shall be borne equally by the Company and the Unionboth parties.
Appears in 1 contract
SYSTEM BOARD OF ADJUSTMENT. Section 1. In compliance with Section 204, Title II II, of the Railway Labor Act, as amended, there is hereby established a System Board of Adjustment, which and shall be known as the “AIR LOGISTICS PILOT’S SYSTEM BOARD OF ADJUSTMENT” ("United Air Lines Pilots System Board of Adjustment" hereinafter referred to as the "Board).
Section 2. " The Board Board's purpose shall have jurisdiction over be to adjust and decide disputes between any Pilot and which may arise under the Company with respect to discipline or discharge, and over grievances or disputes growing out terms of the interpretation or application of this Agreement. The Company and the Union intend that procedures set forth in this Article shall be the exclusive and mandatory forum of all Pilots Agreement when such disputes.
Section 3. The Board shall not disputes have jurisdiction over any disputes unless all of the procedures required in Article 32 have been completely exhausted with respect to the dispute, and the dispute has been properly submitted to the Board pursuant to the provision of this Article.
Section 4. The Board shall have no jurisdiction to modify, add to, or otherwise change the terms of this Agreement, or to establish or change the rates of pay, rules, and working conditions covered by this Agreement.
Section 5Board. The Board shall consist of four (4) members, two (2) members, one (1) of whom shall be selected and appointed by the Company Association and one two (12) of whom shall be selected and appointed by the President Company, and such appointees shall be known as "Board Members." In addition, the Association and the Company shall each designate three (3) alternates, and in the event of Local 107 or the unavailability of a Board Member, the respective party shall designate the alternate to act as a Board Member in place of the absent Board Member. The two (2) Board Members appointed by the Company, and the two (2) Board Members appointed by the Association and their alternates shall serve for one year from the date of their appointment, and, thereafter, until their successors have been duly appointed. 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. The Board Members shall select a Chairman and a Vice Chairman, both of whom shall be members of the Board. The term of office of Chairman and Vice Chairman shall be one (1) year. Thereafter, from year to year, the Board shall designate one of its members to act as Chairman and one to act as Vice Chairman for one (1) year terms. The office of Chairman shall be filled and held alternately by the Board Member appointed by the Association and by a Board Member appointed by the Company. When a Board Member appointed by the Association is Chairman, a Board Member appointed by the Company shall be Vice Chairman, and vice versa. Subject to the provisions of Paragraph 18-F, the aforesaid Chairman, or, in his designeeabsence the Vice Chairman, shall preside at meetings of the Board and at hearings. Board members Both shall have a vote in connection with all actions taken by the Board. The Board shall render its decision meet twice monthly in no more than thirty (30) days after the filing of city where the appeal.
A. In the event the two (2) member Board is not able to reach a decision with respect to a particular dispute, either party may submit the dispute to a neutral arbitrator within ten (10) days after the two (2) members of the Board reach a deadlock.
Section 6. Members of the Board who are employees general offices of the Company shall suffer no loss are maintained, (unless a different place of pay while attending Board meetings.
Section 7. Decisions of the Board shall be final and binding meeting is agreed upon the Company, the Union, and the affected Pilot(s).
Section 8. The party appealing a final decision under Article 32 shall submit the dispute for consideration by the Board, within fourteen (14) calendar days of that decision. If the appeal is not made within the fourteen (14) day period, the System Board of Adjustment does not have jurisdiction over the dispute.
Section 9. All disputes referable to the Board shall be sent to the Director of Human Resources.
Section 10. Each case submitted shall be addressed to the Members of the Board and state:
A. The question or questions at issue;
B. A statement of the facts with supporting documents;
C. A reference to the applicable provision(s), if any, of the Agreement alleged to have been breached;
D. The position of the Pilot or Pilots.
E. The remedy requested; and
F. The position of the Company.
Section 11. In the event the parties cannot agree on a neutral arbitrator, within ten (10) days thereafter, either party may request that the American Arbitration Association (AAA) submit a list of seven (7) potential neutrals, and the neutral shall be selected in accordance with the rules of AAA.
Section 12. The Company and the Union will assume the travel expense and other related expenses of the Board Members selected by them, and of the witnesses called by them. Expenses for witnesses called by the Board shall be borne one-half (1/2) by each of the parties. Section 13. The expenses and reasonable compensation of the Neutral selected as provided herein shall be borne equally by the Company and the UnionAssociation) provided that at such times there are cases filed with the Board for their consideration. The Board shall have jurisdiction over disputes between any employee covered by the Pilots Agreement and the Company growing out of grievances or out of interpretation or application of any of the terms of the Pilots Agreement. The 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 hereto, or as subsequently executed. The Board shall consider any dispute properly submitted to it by the President of the Association or by the Senior Vice President-Flight Operations, when such dispute has not been previously settled in accordance with the terms provided for in Section 17.
Appears in 1 contract
SYSTEM BOARD OF ADJUSTMENT. Section 1. In compliance with 1 - Purpose
Section 204, Title II 2 - Composition of the Railway Labor Act, as amended, there is hereby established a System Board of Adjustment, which shall be known as the “AIR LOGISTICS PILOT’S SYSTEM BOARD OF ADJUSTMENT” (hereinafter referred to as the Board).
Section 2. The Board shall have jurisdiction over disputes between any Pilot and the Company with respect to discipline or discharge, and over grievances or disputes growing out of the interpretation or application of this Agreement. The Company and the Union intend that procedures set forth in this Article shall be the exclusive and mandatory forum of all such disputes.
Section 3. The Board shall not have jurisdiction over any disputes unless all of the procedures required in Article 32 have been completely exhausted with respect to the dispute, and the dispute has been properly submitted to the Board pursuant to the provision of this Article.
Section 4. The Board shall have no jurisdiction to modify, add to, or otherwise change the terms of this Agreement, or to establish or change the rates of pay, rules, and working conditions covered by this Agreement.
Section 5. a. The Board shall consist of five (5) three (3) members, two (2) members, one (1) of whom shall be selected and appointed by the Company Employer and one two (12) of whom shall be selected and appointed by the President Union. The fifth (5th) third (3rd) member will be the Neutral Chairperson and selected in accordance with this Section. These persons shall be known as Board Members.
b. Each calendar year, on or before January 1, both the Union and the Company will provide written notice to the other of Local 107 or his designee. the names of the regular Board members shall have for the coming year, an alternate and three (3) sub-alternates. No one can serve as a vote Board member for either Party during the year if their name is not on the list provided prior to the beginning of the year, absent mutual written agreement between the Parties. Replacement alternates/sub-alternates may be named by either Party in connection with all actions taken the event of the permanent unavailability of a member.
c. The two (2) one (1) Board Members appointed by the Board. The Board shall render its decision in no more than thirty (30) days after the filing of the appeal.
A. In the event Employer and the two (2) member one (1) Board is not able to reach a decision with respect to a particular dispute, either party may submit the dispute to a neutral arbitrator within ten (10) days after the two (2) members of the Board reach a deadlock.
Section 6. Members of the Board who are employees of the Company shall suffer no loss of pay while attending Board meetings.
Section 7. Decisions of the Board shall be final and binding upon the Company, appointed by the Union, their alternates and sub-alternates, shall serve for one (1) year from the affected Pilot(s)date of their appointment and thereafter until their suc- cessors have been duly appointed.
Section 8. The party appealing a final decision under Article 32 shall submit the dispute for consideration by the Board, within fourteen (14) calendar days of that decision. If the appeal is not made within the fourteen (14) day period, the System Board of Adjustment does not have jurisdiction over the dispute.
Section 9. All disputes referable to the Board shall be sent to the Director of Human Resources.
Section 10. Each case submitted shall be addressed to the Members of the Board and state:
A. The question or questions at issue;
B. A statement of the facts with supporting documents;
C. A reference to the applicable provision(s), if any, of the Agreement alleged to have been breached;
D. The position of the Pilot or Pilots.
E. The remedy requested; and
F. The position of the Company.
Section 11. In the event the parties cannot agree on a neutral arbitrator, within ten (10) days thereafter, either party may request that the American Arbitration Association (AAA) submit a list of seven (7) potential neutrals, and the neutral d. Neutral Chairpersons shall be selected in accordance and retained with the rules of AAA.
Section 12. The Company and the Union will assume the travel expense and other related expenses of the Board Members selected by them, and of the witnesses called by them. Expenses for witnesses called by the Board shall be equal cost borne one-half (1/2) by each of the parties. Section 13. The expenses and reasonable compensation of the Neutral selected as provided herein shall be borne equally by between the Company and the Union. On or before June 1 of each year, the Parties shall select twelve (12) arbitra- tors with airline experience belonging to the National Academy of Arbitrators to be Panel Arbitrators. A new panel may be selected for any year provided notice is given by March 1 of the prior year. Individual Arbitrators may only be removed during the calendar year by mutual agreement of the Parties or if they do not maintain the qualifications set forth in the Letter of Agreement between the Parties. A new replacement Panel Member shall be agreed upon within thirty (30) days.
e. The Parties shall agree upon a neutral selection process to cre- ate the Panel of Arbitrators.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SYSTEM BOARD OF ADJUSTMENT. Section 1. A. In compliance with Section 204, Title II II, of the Railway Labor Act, as amended, there is hereby established a System Board of AdjustmentAdjustment for the purpose of adjusting and deciding disputes which may arise under the terms of this Agreement and any amendment or additions thereto and which are properly submitted to it, which Board shall be known as the “AIR LOGISTICS PILOT’S SYSTEM BOARD OF ADJUSTMENT” (Chautauqua Pilots' System Board of Adjustment, hereinafter referred to as "the Board)."
Section 2. The Board shall have jurisdiction over disputes between any Pilot and the Company with respect to discipline or discharge, and over grievances or disputes growing out B. Composition of the interpretation or application of this Agreement. The Company and the Union intend that procedures set forth in this Article shall be the exclusive and mandatory forum of all such disputes.Board
Section 3. The Board shall not have jurisdiction over any disputes unless all of the procedures required in Article 32 have been completely exhausted with respect to the dispute, and the dispute has been properly submitted to the Board pursuant to the provision of this Article.
Section 4. The Board shall have no jurisdiction to modify, add to, or otherwise change the terms of this Agreement, or to establish or change the rates of pay, rules, and working conditions covered by this Agreement.
Section 51. The Board shall consist of four (4) members, two (2) members, one (1) of whom shall be selected and appointed by the Company and one two (12) of whom shall be the President of Local 107 or his designee. Board members shall have a vote in connection with all actions taken selected and appointed by the BoardUnion, and such appointees shall be known as "Board Members." In addition, the Company and the Union shall each designate an alternate, and in the event of unavailability of a Board Member, such alternate shall serve in place of the absent Board Member.
2. The two (2) Board Members appointed by the Company and the two (2) Board Members appointed by the Union (normally one (1) line pilot and one (1) Union representative), and their alternates, shall render its decision in no more than serve for one (1) year from the date of their appointment and thereafter until their successors have been duly appointed. Vacancies shall be filled within thirty (30) days after in the filing same manner as is provided herein for the selection and appointment of the appealoriginal Board Members and the original alternates.
A. In 3. The terms of office of Chairman and Vice Chairman shall be for one (1) calendar year. Thereafter, from year to year, the event the two Board shall designate one (21) member to act as Chairman and one (1) member to act as Vice Chairman for one (1) year terms or until his successor has been duly selected. Such terms of office shall commence on January 1st of each year.
4. The office of Chairman shall be filled alternately by the parties. A Union representative shall serve as Chairman and a Company representative shall serve as Vice Chairman in even years, and vice versa, in odd years. The Vice Chairman shall act as Chairman in his absence.
5. The Board shall meet once every three (3) months at Company headquarters, (unless a different place for the meeting is not able to reach a decision jointly agreed upon by the Board), during the months of January, April, July and October of each year provided that at such time there are cases filed with respect to a particular dispute, either party may submit the dispute to a neutral arbitrator within ten (10) days after the two (2) members of the Board reach a deadlockfor consideration. The meetings shall continue in session until all matters before it have been considered unless otherwise mutually agreed upon in writing.
Section 6. Members of the Board who are employees of the Company shall suffer no loss of pay while attending Board meetings.
Section 7C. Jurisdiction of the Board
1. Decisions The Board shall have jurisdiction over all disputes growing out of grievances or out of the interpretation or application of any of the terms of this Agreement or amendments thereto submitted by the Union to the Vice President of Operations for Chautauqua or his designee. The jurisdiction of the Board shall be final and binding upon not extend to proposed changes in hours of employment, rates of compensation, or working conditions covered by this or other existing agreements between the Company, the Union, and the affected Pilot(s)parties hereto.
Section 82. The party appealing a final decision under Article 32 shall submit the dispute for consideration by the Board, within fourteen (14) calendar days of that decision. If the appeal is not made within the fourteen (14) day period, the System Board of Adjustment does not have jurisdiction over the dispute.
Section 9. All disputes referable to the Board shall be sent consider any dispute properly submitted to the Director of Human Resources.
Section 10. Each case submitted shall be addressed to the Members of the Board and state:
A. The question or questions at issue;
B. A statement of the facts with supporting documents;
C. A reference to the applicable provision(s), if any, of the Agreement alleged to have it when such dispute has not been breached;
D. The position of the Pilot or Pilots.
E. The remedy requested; and
F. The position of the Company.
Section 11. In the event the parties cannot agree on a neutral arbitrator, within ten (10) days thereafter, either party may request that the American Arbitration Association (AAA) submit a list of seven (7) potential neutrals, and the neutral shall be selected previously settled in accordance with the rules provisions of AAAArticle 18.
Section 12. The Company and the Union will assume the travel expense and other related expenses of the Board Members selected by them, and of the witnesses called by them. Expenses for witnesses called by the Board shall be borne one-half (1/2) by each of the parties. Section 13. The expenses and reasonable compensation of the Neutral selected as provided herein shall be borne equally by the Company and the Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement (Republic Airways Holdings Inc)
SYSTEM BOARD OF ADJUSTMENT. Section 1. In compliance with Section 204, Title II of the Railway Labor Act, as amended, there is hereby established a System Board of Adjustment, which shall be known as the “AIR LOGISTICS PILOT’S SYSTEM BOARD OF ADJUSTMENT” (hereinafter referred to as the Board).
Section 2. The Board shall have jurisdiction over disputes between any Pilot and the Company with respect to discipline or discharge, and over grievances or disputes growing out of the interpretation or application of this Agreement. The Company and the Union intend that procedures set forth in this Article shall be the exclusive and mandatory forum of all such disputes.
Section 3. The Board shall not have jurisdiction over any disputes unless all of the procedures required in Article 32 have been completely exhausted with respect to the dispute, and the dispute has been properly submitted to the Board pursuant to the provision of this Article.
Section 4. The Board shall have no jurisdiction to modify, add to, or otherwise change the terms of this Agreement, or to establish or change the rates of pay, rules, and working conditions covered by this Agreement.
Section 5. The Board shall consist of two (2) members, one (1) of whom shall be selected and appointed by the Company and one (1) of whom shall be the President of Local 107 or his designee. Board members shall have a vote in connection with all actions taken by the Board. The Board shall render its decision in no more than thirty (30) days after the filing of the appeal.
A. In the event the two (2) member Board is not able to reach a decision with respect to a particular dispute, either party may submit the dispute to a neutral arbitrator within ten fourteen (1014) days after the two (2) members of the Board reach a deadlock.
Section 6. Members of the Board who are employees of the Company shall suffer no loss of pay while attending Board meetings.
Section 7. Decisions of the Board shall be final and binding upon the Company, the Union, and the affected Pilot(s).
Section 8. The party appealing a final decision under Article 32 shall submit the dispute for consideration by the Board, within fourteen (14) calendar days of that decision. If the appeal is not made within the fourteen (14) day period, the System Board of Adjustment does not have jurisdiction over the dispute.
Section 9. All disputes referable to the Board shall be sent to the Human Resources Manager. With respect to all Alaskan disputes referred to the System Board of Adjustment pursuant to Section 9 of Article 33, copies of the referral shall be sent to the Director of Flight Operations as well as the Human ResourcesResources Manager.
Section 10. Each case submitted shall be addressed to the Members of the Board and state:
A. The question or questions at issue;
B. A statement of the facts with supporting documents;
C. A reference to the applicable provision(s), if any, of the Agreement alleged to have been breached;
D. The position of the Pilot or Pilots.
E. The remedy requested; and
F. The position of the Company.
Section 11. In the event the parties cannot agree on a neutral arbitrator, within ten fourteen (1014) days thereafter, either party may request that the American Arbitration Association (AAA) submit a list of seven (7) potential neutrals, and the neutral shall be selected in accordance with the rules of AAA.
Section 12. The Company and the Union will assume the travel expense and other related expenses of the Board Members selected by them, and of the witnesses called by them. Expenses for witnesses called by the Board shall be borne one-half (1/2) by each of the parties. .
Section 13. The expenses and reasonable compensation of the Neutral selected as provided herein shall be borne equally by the Company and the Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SYSTEM BOARD OF ADJUSTMENT. Section 1. A. In compliance with Section 204, Title II of the Railway Labor Act, as amended, there is hereby established a System Board of AdjustmentAdjustment for the purpose of adjusting and deciding disputes which may arise under the terms of this Agreement and any amendment or additions thereto and which are properly submitted to it, which Board shall be known as the “AIR LOGISTICS PILOT’S SYSTEM BOARD OF ADJUSTMENT” (Flight Attendants' System Board of Adjustment, hereinafter referred to as "the Board)."
Section 2. The Board shall have jurisdiction over disputes between any Pilot and the Company with respect to discipline or discharge, and over grievances or disputes growing out B. Composition of the interpretation or application of this Agreement. The Company and the Union intend that procedures set forth in this Article shall be the exclusive and mandatory forum of all such disputes.Board
Section 3. The Board shall not have jurisdiction over any disputes unless all of the procedures required in Article 32 have been completely exhausted with respect to the dispute, and the dispute has been properly submitted to the Board pursuant to the provision of this Article.
Section 4. The Board shall have no jurisdiction to modify, add to, or otherwise change the terms of this Agreement, or to establish or change the rates of pay, rules, and working conditions covered by this Agreement.
Section 51. The Board shall consist of four (4) members, two (2) members, one (1) of whom shall be selected and appointed by the Company and one two (12) of whom shall be the President of Local 107 or his designee. Board members shall have a vote in connection with all actions taken selected and appointed by the BoardUnion, and such appointees shall be known as "Board Members." In addition, the Company and the Union shall each designate an alternate, and in the event of unavailability of a Board Member, such alternate shall serve in place of the absent Board Member.
2. The two (2) Board Members appointed by the Company and the two (2) Board Members appointed by the Union, and their alternates, shall render its decision in no more than serve for one (1) year from the date of their appointment and thereafter until their successors have been duly appointed. Vacancies shall be filled within thirty (30) days after in the filing same manner as is provided herein for the selection and appointment of the appealoriginal Board Members and their original alternates.
A. In 3. The terms of the event Office of Chairman and Vice Chairman shall be for one (1) calendar year. Thereafter, from year to year, the two Board shall designate one (21) member Board is not able to reach act as Chairman and one (1) member to act as Vice Chairman for one (1) year terms or until a decision with respect to a particular dispute, either party may submit the dispute to a neutral arbitrator within ten (10) days after the two (2) members successor has been duly selected. Such terms of office shall commence on January 1 of each year.
4. The office of the Board reach a deadlockChairman shall be filled alternately by the parties. A Union representative shall serve as Chairman and the Company representative shall serve as Vice Chairman in even years, and vice versa, in odd years. The Vice Chairman shall act as Chairman in her absence.
Section 5. The Board shall meet once every three (3) months at Company headquarters, unless a different place for the meeting is jointly agreed upon by the Board, during the months of January, April, July and October provided that at such time there are cases filed with the Board for consideration. The meetings shall continue in session until all matters before it have been considered unless otherwise mutually agreed upon in writing.
6. Members of the Board who are employees of the Company shall suffer no loss of pay while attending Board meetings.
Section 7. Decisions of the Board shall be final and binding upon the Company, the Union, and the affected Pilot(s).
Section 8. The party appealing a final decision under Article 32 shall submit the dispute for consideration by the Board, within fourteen (14) calendar days of that decision. If the appeal is not made within the fourteen (14) day period, the System Board of Adjustment does not have jurisdiction over the dispute.
Section 9. All disputes referable to the Board shall be sent to the Director of Human Resources.
Section 10. Each case submitted shall be addressed to the Members of the Board and state:
A. The question or questions at issue;
B. A statement of the facts with supporting documents;
C. A reference to the applicable provision(s), if any, of the Agreement alleged to have been breached;
D. The position of the Pilot or Pilots.
E. The remedy requested; and
F. The position of the Company.
Section 11. In the event the parties cannot agree on a neutral arbitrator, within ten (10) days thereafter, either party may request that the American Arbitration Association (AAA) submit a list of seven (7) potential neutrals, and the neutral shall be selected in accordance with the rules of AAA.
Section 12. The Company and the Union will assume the travel expense and other related expenses of the Board Members selected by them, and of the witnesses called by them. Expenses for witnesses called by the Board shall be borne one-half (1/2) by each of the parties. Section 13. The expenses and reasonable compensation of the Neutral selected as provided herein shall be borne equally by the Company and the Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement (Republic Airways Holdings Inc)