Common use of SYSTEM BOARD OF ADJUSTMENT Clause in Contracts

SYSTEM BOARD OF ADJUSTMENT. A. There is hereby established, pursuant to the provisions of the Railway Labor Act, as amended, a System Board of Adjustment, called the “Envoy Air Inc”. “System Board of Adjustment”. B. The System Board will be composed of three (3) members, one (1) selected by the Company and one (1) selected by the Union and one (1) neutral arbitrator jointly selected by the parties. C. The System Board will have jurisdiction over disputes between the Company and the Union or any employee governed by this Agreement growing out of grievances involving interpretations or applications of this Agreement; or disputes between the Company and the Union involving discharge or discipline. D. A dispute submitted to the System Board will be in the form of a petition submitted by either party and stating the position of the party submitting the grievance. Union submissions will be submitted to the Transport Workers Union Air Transport Division office and assigned a case number. Time limits will not begin running until the date a case number is assigned and docketed. E. The written appeal will be sent to the Transport Workers Union Air Transport Division office in the form of a petition. The Transport Workers Union Air Transport Division office will assign a case number and forward the appeal and two (2) copies, with the case number noted on each, to the Labor Relations Department. The scheduling of cases to be heard before the System Board is an administrative matter addressed by mutual agreement between the Union and the Company. F. The System Board hearings will generally be held in DFW for all interpretation and application grievances. Discipline and Discharge grievances will be held at the location where the grievance was filed unless a different location is agreed upon by the Company and Union System Board members. G. The System Board may summon any necessary witness(s) and relevant non-confidential records of the Company and the employee involved. An employee will not be required to testify unless he was a first-hand witness. The Company and the Union will cooperate to ensure that all witnesses summoned by the Board will appear in a timely fashion. The Union will limit its requests for the number of witnesses in order to not interfere with the service of the Company. Reasonable requests by the Union for employee witnesses deemed essential to the hearing will be honored, provided the approval of the requests for witnesses will not result in interference with the service of the Company. To meet the interests of the Union and the Company with regard to this provision, the Company may require employees acting as witnesses to make every reasonable effort to shift trade to make themselves available to appear at the hearing, prior to being released. H. Disputes arising from paragraph G will be immediately referred to the Director of the Air Division and the Vice-President- Legal/Labor/employment, or their respective designees for resolution. I. The advocates will exchange all documents they may enter and the names of witnesses they may call in their direct case no later than forty-five (45) calendar days prior to the date set for all System Board hearings. Upon mutual written agreement both parties may waive the days for document exchange and witness names as listed above. Additionally nothing shall prevent either party from exchanging any or all documents and witness names prior to the calendar days listed above. J. In the event the parties are unable to agree on a selection of an arbitrator, either party may request the National Mediation Board to provide a list of seven (7) neutrals. The parties will select one (1) neutral arbitrator to serve as the third (3rd) member of the System Board by alternately striking names from the list submitted by the National Mediation Board. The party to strike first will be determined by which party struck last in the preceding arbitration by local. K. A majority vote of all members of the System Board as provided herein, will be competent to make a finding or decision with respect to any dispute properly submitted to it and such finding or decision will be final and binding upon all parties, including the grievant(s), to such dispute. System Board findings and decisions will be stated in writing and will be rendered within forty-five (45) calendar days from the close of the hearing, unless the period is extended by agreement of the panel members. (Letter A is inserted below) L. The System Board panel will have no power to amend or modify this Agreement or any written agreements or addenda supplementary hereto or to establish any new terms or conditions of the same. M. The System Board will keep a complete and accurate record of all matters submitted for its considerations and of all findings and decisions made. Such findings and decisions of the System Board will be stated in writing and in each case a copy of the finding or decision will be furnished to the Company, the Union, and such employees who are a party to the dispute. N. All expenses of the System Board, including those of the neutral arbitrator in the determination of the controversy as herein provided, will be borne one-half (1/2) by the Company and one- half (1/2) by the Union. The salary or compensation of the members of the System Board, if any, will be by the parties selecting its member; except that System Board members who are employees of the Company will be granted necessary time off without loss of pay to attend System Board meetings. System Board members will receive space available transportation over the lines of the Company from point of duty to point of meetings of the System Board. O. Essential witnesses and representatives will be furnished space available transportation over the Company's lines without charge to, the point of hearing and return. P. (moved from letter A) Procedures for Finalizing Awards: The following procedures are provided in order to standardize the arbitration process and avoid any controversy regarding the deliberations and discussions associated with the publication of System and Area Boards of Adjustment awards: 1. Executive Sessions for every case should take place at the conclusion of the hearing or at such time as agreed upon by a majority of the System Board at the conclusion of the Hearing. This postponed session may be necessary due to the submission of briefs or other post- hearing issues, and should be the exception, not the rule. 2. An arbitrator’s draft decision, distributed to the Union and Company System Board members unsigned, may be changed to any extent agreeable to a majority of the System Board. A written decision once executed and signed by the neutral arbitrator, will only be modified as to content by agreement of all System Board members. 3. The System Board members are not to discuss the decision of the Board with anyone other than the System Board members prior to the publication of the award by the administrator of the System Board. 4. No ex parte communication concerning the case (that is, discussion held without the presence of the full System Board) is permitted at any time. 5. The details of the Board’s deliberations must be held confidential by virtue of the Boards intended neutrality. No System Board member should divulge the nature or content of the discussions held between the System Board members in reaching their decision.

SYSTEM BOARD OF ADJUSTMENT. A. There is hereby establishedIn compliance with Section 204, pursuant to the provisions Title II, of the Railway Labor Act, as amended, a System Board of Adjustment, called Adjustment is hereby established for the “Envoy Air Inc”purpose of deciding disputes arising under this Agreement that are properly submitted to it. “This Board will be known as the "Fleet and Passenger Service Employees' System Board of Adjustment”," hereinafter referred to as the "Board." B. The System Board will be composed consist of three four (34) members, one two (1) selected by the Company and one (12) selected by the Union and one (1) neutral arbitrator jointly selected by the parties. C. The System Board will have jurisdiction over disputes between the Company and the Union or any employee governed by this Agreement growing out of grievances involving interpretations or applications of this Agreement; or disputes between the Company and the Union involving discharge or discipline. D. A dispute submitted to the System Board will be in the form of a petition submitted by either party and stating the position of the party submitting the grievance. Union submissions will be submitted to the Transport Workers Union Air Transport Division office and assigned a case number. Time limits will not begin running until the date a case number is assigned and docketed. E. The written appeal will be sent to the Transport Workers Union Air Transport Division office in the form of a petition. The Transport Workers Union Air Transport Division office will assign a case number and forward the appeal and two (2) copies, with selected by the case number noted on each, to the Labor Relations DepartmentCompany. The scheduling Board Members must either be employees of cases to the Company or Union Representatives, except an individual may not serve as a Board Member in a case in which he was directly involved in. 1. The office of Chairman will be heard before filled alternately by the System parties. A Union representative will serve as the first Chairman. 2. The Discipline Board is an administrative matter addressed by mutual agreement between the Union will meet monthly at PHL, CLT, and PHX offices of the Company. F. The System Board hearings will generally be held in DFW for all interpretation and application grievances. Discipline and Discharge grievances will be held at the location where the grievance was filed , unless a different location place for the meeting is jointly agreed upon by the Company and Union System Board membersthe Union, and provided there are cases to be heard on the docket. The meetings will continue in session until all matters before it have been considered or within the agreed upon time frame once the schedule is set or as otherwise mutually agreed upon in writing. G. 3. The System Contract Interpretation Board may summon any necessary witness(s) will meet quarterly at rotating among the PHL, CLT, and relevant non-confidential records PHX offices of the Company on the first Tuesday of each quarter, unless a different place or time for the meeting is jointly agreed upon by the Company and the employee involvedUnion. An employee The meetings will not be required to testify unless he was a first-hand witnesscontinue in session until all matters before it have been considered or within the agreed upon time frame once the schedule is set or as otherwise mutually agreed upon in writing. 4. The Company and will be advised fourteen (14) days in advance of the grievances to be heard at System Board to include the Union will cooperate to ensure that all witnesses summoned by the Board will appear in a timely fashionRepresentative handling each grievance. The Union will limit its requests for the number of witnesses in order to not interfere with the service of the Company. Reasonable requests by If the Union for employee witnesses deemed essential Representative is scheduled to the hearing will be honoredwork on that day, provided the approval of the requests for witnesses will not result in interference with the service of the Company. To meet the interests of the Union and must notify his Station Manager or his designee as soon as the Company with regard to this provision, the Company may require employees acting as witnesses to make every reasonable effort to shift trade to make themselves available to appear at the hearing, prior to being released. H. Disputes arising from paragraph G will be immediately referred to the Director of the Air Division and the Vice-President- Legal/Labor/employment, or their respective designees for resolution. I. The advocates will exchange all documents they may enter and the names of witnesses they may call in their direct case assignment is made but no later than forty-five fourteen (4514) calendar days prior to the date set for all System Board hearings. Upon mutual written agreement both parties may waive the days for document exchange and witness names as listed above. Additionally nothing shall prevent either party from exchanging any or all documents and witness names prior to the calendar days listed abovein advance. J. 5. In cases of discharge, a CWA Representative and the event Vice President of Human Resources or designee will meet to determine whether the parties are unable to agree on a selection of an arbitrator, either party may request case will bypass the National Mediation Board to provide a list of seven four (7) neutrals. The parties will select one (1) neutral arbitrator to serve as the third (3rd4) member Board and be submitted directly to a three (3) member Board with a Neutral Chairman selected in accordance with paragraph G., below. If there is no agreement, the case will remain at the four (4) member Board. 6. Members of the System Board by alternately striking names from the list submitted by the National Mediation Board. The party to strike first will be determined by which party struck last in the preceding arbitration by local. K. A majority vote of all members of the System Board as provided herein, will be competent to make a finding or decision with respect to and any dispute properly submitted to it and such finding or decision will be final and binding upon all parties, including the grievant(s), to such dispute. System Board findings and decisions will be stated in writing and will be rendered within forty-five (45required advocate(s) calendar days from the close of the hearing, unless the period is extended by agreement of the panel members. (Letter A is inserted below) L. The System Board panel will have no power to amend or modify this Agreement or any written agreements or addenda supplementary hereto or to establish any new terms or conditions of the same. M. The System Board will keep a complete and accurate record of all matters submitted for its considerations and of all findings and decisions made. Such findings and decisions of the System Board will be stated in writing and in each case a copy of the finding or decision will be furnished to the Company, the Union, and such employees who are a party to the dispute. N. All expenses of the System Board, including those of the neutral arbitrator in the determination of the controversy as herein provided, will be borne one-half (1/2) by the Company and one- half (1/2) by the Union. The salary or compensation of the members of the System Board, if any, will be by the parties selecting its member; except that System Board members who are employees of the Company will be granted afforded the necessary time off without loss of pay pass privileges to attend Board hearings. The number of advocates will be limited to the extent possible to minimize the blocking of revenue seats. C. Except as provided herein, the Board will have jurisdiction over all disputes which arise out of disciplinary or discharge grievances or out of the interpretation or application of any of the terms of this Agreement. The Board does not have the authority to add to or subtract or otherwise modify the language of the Agreement. D. If the Board deadlocks, the Union or the Company may appeal the case to arbitration within thirty (30) days of the day the System Board meetings. deadlocks or the grievance shall be considered to be waived and may not thereafter be submitted to Arbitration or any adjustment in any forum. E. For employees with less than five (5) years of Fleet and Passenger Service seniority, disciplinary action that occurs as a result of theft, term pass violations, physical violence, or drug and alcohol testing violations, only the issue of whether the employee engaged in the alleged misconduct may be the subject of a submission to the System Board members of Adjustment. F. The Board will receive space available transportation over consider any grievance properly submitted to it by the lines Union or the Company when such matter has not been previously settled in accordance with the terms provided for in this Agreement. G. Grievances submitted to the Board will be addressed to the Vice President of Human Resources or her designee. 1. Each submission will include: a. Question(s) at issue; b. Statement of Facts; c. Position of the Company from point of duty to point of meetings employee(s) or the Union; d. Position of the System Company; and e. Relief requested. 2. 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 grievance and its position to the Board. O. Essential witnesses 3. Unless the Company and representatives the Union agree upon a combination of grievances to be presented to the Board, each grievance presented will be furnished space available transportation over the Company's lines without charge totreated as a separate case. H. Following a hearing of a grievance properly submitted to it, the point Board will attempt to decide the case. If a majority of hearing and return. P. (moved from letter A) Procedures for Finalizing Awards: The following procedures are provided the Board Members concurs, they will render a decision in order to standardize the arbitration process and avoid any controversy regarding the deliberations and discussions associated with the publication of System and Area Boards of Adjustment awards: 1. Executive Sessions for every case should take place writing at the conclusion of the hearing or at such time as agreed upon by Board hearing. Decisions of the Board in matters properly referable to it will be final and binding. If a majority of the System Board at the conclusion Members does not concur on a grievance, a “Neutral Board Member," will be selected in accordance with paragraph G., below, to become a member of the HearingBoard. This postponed session may The Board will consist of three (3) members; the neutral, one (1) representative from the Company and one (1) representative from the Union. I. When a Neutral Board Member is necessary to resolve a grievance, the Company and the Union will select the Neutral Board Member from the panel of arbitrators listed below. If the Company and the Union cannot agree upon the Neutral Board Member or a method for selecting him, the Neutral Board Member will be necessary due to selected from the submission of briefs or other post- hearing issues, and should be the exception, not the rulepanel by using an alternate strike method. 1. Charlotte Gold 2. An arbitrator’s draft decision, distributed to the Union and Company System Board members unsigned, may be changed to any extent agreeable to a majority of the System Board. A written decision once executed and signed by the neutral arbitrator, will only be modified as to content by agreement of all System Board members.▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 3. The System Board members are not to discuss the decision of the Board with anyone other than the System Board members prior to the publication of the award by the administrator of the System Board.▇▇▇ ▇▇▇▇▇ 4. No ex parte communication concerning the case (that is, discussion held without the presence of the full System Board) is permitted at any time.▇▇▇▇▇ ▇▇▇▇▇ 5. The details of the Board’s deliberations must be held confidential by virtue of the Boards intended neutrality▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 6. No System Board member should divulge the nature or content of the discussions held between the System Board members in reaching their decision.▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 7. ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ 8. ▇▇▇ ▇▇▇▇▇▇

SYSTEM BOARD OF ADJUSTMENT. A. There is hereby establishedEstablishment and Purpose In compliance with Section 204, pursuant to the provisions Title II of the Railway Labor Act, as amended, there is hereby established a System Board of Adjustment, called Adjustment for the “Envoy Air Inc”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 Amerijet PFEs System Board of Adjustment”. B. The System Composition of the Board will Each Board shall be composed of three two (32) members, one (1) : one selected by the Company and one (1) selected by the Union and one (1) neutral arbitrator jointly selected by the partiesUnion. C. The System Board will have jurisdiction over disputes between the Company and the Union or any employee governed by this Agreement growing out of grievances involving interpretations or applications of this Agreement; or disputes between the Company and the Union involving discharge or discipline. D. A dispute submitted to the System Board will be in the form of a petition submitted by either party and stating the position of the party submitting the grievance. Union submissions will be submitted to the Transport Workers Union Air Transport Division office and assigned a case number. Time limits will not begin running until the date a case number is assigned and docketed. E. The written appeal will be sent to the Transport Workers Union Air Transport Division office in the form of a petition1. The Transport Workers Union Air Transport Division office will assign a case number and forward the appeal and two (2) copies, with the case number noted on each, to the Labor Relations Department. The scheduling of cases to be heard before the System Board is an administrative matter addressed by mutual agreement between the Union and the Company. F. The System Board hearings will generally be held in DFW for all interpretation and application grievances. Discipline and Discharge grievances will be held at the location where the grievance was filed unless a different location is agreed upon by the Company and Union System members of the Board membersshall continue to serve until such time as the party selecting the member shall select a successor. G. The System Board may summon any necessary witness(s) and relevant non-confidential records of the Company and the employee involved. An employee will not be required to testify unless he was a first-hand witness2. The Company and the Union will cooperate to ensure that all witnesses summoned by members of the Board will appear in shall alternate as Chairman and Vice-Chairman of the Board on a timely fashion. The Union will limit its requests for the number of witnesses in order to not interfere yearly basis with the service of the Company. Reasonable requests Chairman position being held by the Union for employee witnesses deemed essential to the hearing will be honored, provided the approval member in odd-numbered years. C. Jurisdiction of the requests for witnesses will not result in interference with the service Board/Arbitrator The Board and/or arbitrator shall have jurisdiction only over any dispute which arises out of the Company. To meet the interests of the Union and the Company with regard to this provision, the Company may require employees acting as witnesses to make every reasonable effort to shift trade to make themselves available to appear at the hearing, prior to being released. H. Disputes arising from paragraph G will be immediately referred to the Director of the Air Division and the Vice-President- Legal/Labor/employment, or their respective designees for resolution. I. The advocates will exchange all documents they may enter and the names of witnesses they may call in their direct case no later than forty-five (45) calendar days prior to the date set for all System Board hearings. Upon mutual written agreement both parties may waive the days for document exchange and witness names as listed above. Additionally nothing shall prevent a grievance concerning either party from exchanging any or all documents and witness names prior to the calendar days listed above. J. In the event the parties are unable to agree on a selection of an arbitrator, either party may request the National Mediation Board to provide a list of seven (7) neutrals. The parties will select one (1) neutral arbitrator to serve as discipline (including disqualification or discharge) or the third grievant(s), or (3rd2) member an alleged breach of the System terms of this Agreement, including an interpretation or application of any of the terms of this Agreement, as it affects the grievant(s) (which may include the Company or the Union), when such a grievance has been processed pursuant to the procedures set out in this Agreement. 1. Neither the Board by alternately striking names from nor the list submitted arbitrator may modify the terms of this Agreement or any other Agreement between the Company and the Union. 2. Every grievance, except a grievance protesting the discharge of a PFE by the National Mediation Company, shall be heard first by a two-person Board. The party , unless the Company and the Union agree to strike first will be determined have the dispute heard directly by which party struck last in the preceding arbitration by localneutral arbitrator, alone. K. 3. An appeal protesting the discharge of a PFE by the Company shall be heard by a three-person Board of Arbitration unless the Company and Union mutually agree to have the dispute heard by a two-person Board. 4. Board hearings, except for discharge cases and PFEs on furlough, shall be conducted at the Company Headquarters, unless the Company and the Union agree to an alternate location. In the case of a discharged or furloughed PFE, the Board hearing shall be conducted at a mutually agreed location. D. Decisions of the Board 1. A majority vote of all members of the System Board as provided herein, will shall be competent to make a finding or decision with respect to any dispute properly submitted to it and such in accordance with this Agreement. Such finding or decision will shall be final and binding upon the parties to the dispute. 2. If a two-member Board is unable to agree upon a finding or a decision, it shall forthwith provide written communication to the Company and the Union. In such event, the Union may appeal the grievance to Arbitration within thirty (30) calendar days following notification of the deadlock. E. Procedural Rules 1. A grievance or appeal submitted to the Board shall include: a. The grievant(s) name, address, status and date of hire; b. The Unions statement of the question(s) at issue; and c. A copy of the grievance; d. Two (2) copies of the material shall be submitted to the Board 2. In the case of a grievance disputing the discharge of a PFE by the Company, the Board shall set a date for hearing no later than thirty (30) days from the date of its submission that is mutually acceptable to both the Company and the Union. Location of the hearing will be mutually agreed upon by the Board Members. 3. For grievances other than those provided for in Paragraph E-2 above, the Board shall meet during the second week of March, July and November of each year, providing that at such times there are cases filed with the Board for its consideration. The Board will continue in session until all partiesmatters before it have been decided, including deadlocked, or by mutual agreement of the Board, deferred for later action, unless the parties otherwise mutually agree. 4. Board hearings, except for discharge cases and PFEs on furlough, shall be conducted at Company Headquarters, unless the Company and the Union agree to an alternate location. In the case of a discharged or furloughed PFE, the Board hearing shall be conducted at a mutually agreeable location. 5. The grievant(s)) may be heard either in person, to such disputeby a union representative, or as they may respectively select. 6. System Board findings Findings and decisions will of the Board shall be clearly stated in writing and will be rendered within forty-five (45) calendar days from the close in each case a copy of the hearingfindings and decision shall be furnished to the Company, unless the period is extended by agreement Union, and such PFE or PFEs who are parties to the dispute. 7. Expenses of the panel members. (Letter A is inserted below) L. The System Board panel will have no power to amend or modify this Agreement or any written agreements or addenda supplementary hereto or to establish any new terms or conditions for meeting places, if any, and those expenses incurred by reason of the sameparticipation of the arbitrator, shall be borne one- half (1/2) by the Company and one-half (1/2) by the Union. The Union Board member shall not suffer any loss of pay or benefits while serving as a Board member. Each party shall bear its own respective expenses in the presentation of any case to the Board and/or arbitrator. M. 8. The System Board will shall keep a complete and accurate record of all matters submitted for its considerations decision and of all findings and decisions made. 9. Such findings and decisions of When the System Board will be stated in writing and in each case a copy of the finding or decision will be furnished to the Companyparties mutually agree, the Union, and such employees who are record of all proceedings before an arbitrator or three-member Board shall be made by a party to the dispute. N. All expenses of the System Board, including those of the neutral arbitrator in the determination of the controversy as herein provided, will Court Reporter whose fee shall be borne one-half (1/2) by the Company and one- one-half (1/2) by the Union. The salary or compensation If the parties do not mutually agree, either party may arrange for a record of such proceedings by a court reporter at its own expense. Should the other party then request a copy of the members record, the court reporter fees will be shared as provided above. 10. In the event a PFE chooses to be represented in a grievance or before the Board and/or arbitrator by a representative other than the representative designated by the Union, the PFE shall be responsible for the fee, if any of such representative of his choosing and for any expenses of the System Board, if any, proceeding that the Company and the Union do not agree to share. F. Neutral Arbitrator List 1. Whenever a neutral will be required as a third Board member, the Company and the Union will promptly attempt to agree on a neutral. If the parties are unable to agree on a neutral arbitrator, either party may request selection by the alternate strike method from a panel of seven (7) names supplied by the Federal Mediation and Conciliation Service (“FMCS”). a. Under the alternate strike method, each party shall alternately strike the name of an arbitrator from the list of neutrals, with the last remaining neutral being the one selected. b. The parties selecting its member; except that System Board members who are employees of will alternate in striking first: in odd-numbered grievances the union will strike first, and in even-numbered grievances the Company will be granted necessary time off without loss of pay to attend System Board meetings. System Board members will receive space available transportation over the lines of the Company from point of duty to point of meetings of the System Board. O. Essential witnesses and representatives will be furnished space available transportation over the Company's lines without charge to, the point of hearing and return. P. (moved from letter A) Procedures for Finalizing Awards: The following procedures are provided in order to standardize the arbitration process and avoid any controversy regarding the deliberations and discussions associated with the publication of System and Area Boards of Adjustment awards: 1. Executive Sessions for every case should take place at the conclusion of the hearing or at such time as agreed upon by a majority of the System Board at the conclusion of the Hearing. This postponed session may be necessary due to the submission of briefs or other post- hearing issues, and should be the exception, not the rulestrike first. 2. An arbitrator’s draft decision, distributed to The parties shall petition the Union Federal Mediation and Company System Board Conciliation Service for arbitrators who are members unsigned, may be changed to any extent agreeable to a majority of the System Board. A written decision once executed National Academy of Arbitrators and signed by who maintain offices in the neutral arbitrator, will only be modified as to content by agreement of all System Board membersFMCS’s Southeast Region. 3. The System Board members are not During this Agreement, the Company agrees to discuss file (and pay the decision filing fee) for each form R-43 or successor form filed with the FMCS in an attempt to obtain a panel of the Board with anyone other than the System Board members prior to the publication of the award by the administrator of the System Boardseven (7) names. 4. No ex parte communication concerning the case (that is, discussion held without the presence of the full System Board) is permitted at any time. 5. The details of the Board’s deliberations must be held confidential by virtue of the Boards intended neutrality. No System Board member should divulge the nature or content of the discussions held between the System Board members in reaching their decision.