American flight attendants contract, Section 30 — DISPUTE RESOLUTION AND GRIEVANCE PROCEDURES

1. Purpose

a. Intent The Dispute Resolution Process is intended to resolve disputes in a prompt problem- solving fashion, wherever possible. This process applies to all disputes other than Presidential and Discharge Grievances.

b. Railway Labor Act Nothing within this Dispute Resolution Process is intended in any way to affect or abridge the rights of any individual under the Railway Labor Act.

2. Types Of Disputes

a. Individual Dispute An individual dispute (Individual Dispute) is defined as a dispute between a Flight Attendant and the Company involving any action of the Company affecting the Flight Attendant, except discharge.

b. Group Dispute A group dispute (Group Dispute) is defined as a dispute protesting any action of the Company which affects those specifically named Flight Attendants at the same base and in the same manner, e.g., scheduling or pay matter affecting all Flight Attendants on a specific leg on a specific day. Any APFA representative shall be recognized by the Company as the representative of a specific named group of Flight Attendants at their base for the purpose of submitting such dispute. The provisions of Paragraph A shall apply to the processing of such Group Disputes.

c. Base Dispute A base dispute (Base Dispute) is defined as a dispute protesting any action of the Company affecting Flight Attendants at the base as a group. The APFA Base President or APFA designee shall be recognized by the Company as the representative of Flight Attendants at that base for the purpose of submitting such dispute. The provisions of Paragraph A shall apply to the processing of such Base Disputes.

d. Contract Dispute A Contract Dispute is defined as a dispute between a Flight Attendant(s) and the Company protesting the interpretation of the Agreement or a Company policy, except discharge. Such contract dispute can be filed as an individual, group or base dispute consistent with the provisions above.

3. Notice of Dispute or Contract Dispute Process

a. Filing A Flight Attendant having such a dispute may file an abbreviated, informal document termed a Notice of Dispute (hereinafter referred to as a NOD) or Contract Dispute in person

or through an APFA representative, within twenty (20) days, exclusive of Saturdays and Sundays, after becoming aware of such dispute. Such NOD or Contract Dispute shall be filed with the Manager of Inflight, or their designee. Any and all documents supporting the claim that are in the possession of the Flight Attendant or the APFA representative should be attached to the NOD or Contract Dispute form at the time of filing. If the Flight Attendant does not come forward with information to substantiate the dispute, the APFA may administratively withdraw the NOD or Contract Dispute.

b. Signature/Authorization Such NOD or Contract Dispute must be signed by the individual Flight Attendant(s) affected who is filing the dispute. If the NOD or Contract Dispute is submitted through an APFA representative, a signed authorization must be submitted to the Company, designating the APFA as the representative of the Flight Attendant(s) affected with respect to the dispute. Employees covered by this Agreement may be represented at a Dispute Resolution Conference by such person as they may choose and designate, and the company may be represented by such person as it may designate.

c. Distribution of NOD or Contract Dispute Unless the APFA has filed the NOD on behalf of the Flight Attendant, the Company shall provide a copy of the NOD to the APFA Base President, or APFA designee, within five (5) working days of the Company’s receipt of the NOD.

Unless the APFA has filed the Contract Dispute on behalf of the Flight Attendant, the Company shall provide a copy of the Contract Dispute to the Base President and the APFA National Vice President, or APFA designees, within five (5) working days of the Company’s receipt of the Contract Dispute.

4. Base Resolution Process/Dispute Resolution Conference (DRC) for NODs

a. Informal Discussion/Initial Exchange of Documents for NODs After a NOD is filed, the Company, the Flight Attendant(s) and their APFA representative should endeavor to informally discuss and resolve the dispute as soon as possible. The parties will commence the exchange of all documents supporting their respective positions at this point. If the parties reach agreement, the agreement shall be summarized and processed as in Paragraphs 4.c and d.

b. Dispute Resolution Conference (DRC) for NODs

i. If the parties are not able to resolve the issue informally, a Dispute Resolution Conference shall be convened within thirty (30) days of the filing of the NOD at a time and date mutually agreed upon.

ii. The scheduling of a DRC shall be coordinated through the Manager of Inflight Operations’ office at the Flight Attendant’s base station. Except as noted below, participants at the DRC shall be limited to the Flight Attendant(s) who filed the NOD, their APFA Representative, and a Company representative(s). The parties may invite subject matter experts if appropriate. In all matters involving an individual Flight Attendant’s performance or attendance, or a matter specific to the individual Flight Attendant, the Flight Attendant shall be present at the DRC. In all other disputes, such as scheduling, contractual or other policy issues, the Flight Attendant may elect not to attend the DRC and be represented at the DRC by their APFA representative. The meeting shall be a problem-solving meeting intended to resolve the issue if possible.

Any agreement reached will typically be issued at the DRC meeting and in no event no more than five (5) working days following the DRC.

c. Resolution for NODs Should the parties be successful in reaching a resolution to the dispute, the matter shall be considered resolved and no further action shall be taken by the parties on the matter except any action necessary to implement the terms of the resolution reached between the parties. Such resolution shall be summarized on the NOD form and signed by all parties and shall be provided to the Flight Attendant and the APFA representative involved, or, if none, to the APFA Base President, or APFA designee. The DRC shall have no ability to amend or change the terms of the Collective Bargaining Agreement.

d. Acceptance of Resolution

i. In the case of an individual or group dispute, if not in attendance, the Flight Attendant(s), or the APFA representative, as applicable, shall have five (5) days exclusive of Saturdays and Sundays, from receipt of the resolution to notify the Manager of Inflight Operations, or their designee, that the resolution is accepted or rejected.

ii. In the case of an Individual or Group Dispute, the Flight Attendant(s) shall notify the Manager of Inflight Operations, or their designee, of the Flight Attendant’s acceptance by:

a. signing the resolution form indicating the Flight Attendant’s acceptance and returning the completed form to the Manager of Inflight Operations, or their designee;

b. orally notifying the Manager of Inflight Operations, or their designee, either in person or by telephone; or

c. authorizing the Flight Attendant’s APFA representative to communicate to the Manager of Inflight Operations, or their designee, the Flight Attendant’s acceptance either orally or in writing.

d. In the event the Flight Attendant(s) or APFA Representative, as applicable, provides no response within ten (10) days, exclusive of Saturdays and Sundays, following receipt of the recommendation, the resolutions shall be deemed rejected and the dispute will be submitted to the Grievance Determination Conference.

iii. In the case of a Base Dispute, the APFA representative shall either sign the NOD resolution form at the meeting or notify the Manager of Inflight Operations, or their designee, within ten (10) days exclusive of Saturdays and Sundays, of the Dispute Resolution Conference by:

a. signing the recommendation form indicating the APFA representative’s acceptance and returning the completed form to the Manager of Inflight Operations, or their designee; or

b. orally notifying the Manager of Inflight Operations, or their designee, either in person or by telephone.

e. Discussions/Resolution Off the Record/Non-Precedential for NODs All matters discussed or decided prior to or during the DRC process including resolutions, shall be off the record and shall have no precedential effect on any other matter or be admissible or relied upon in any other matter. Notwithstanding the foregoing, the parties are not precluded from referring to such a resolution orally and in general terms, and should not refer to specific bases or number of such resolutions reached in other DRCs or initial informal discussions under this procedure.

f. Contract Dispute Process

All Contract Disputes will be discussed at the Base level in accordance with Paragraph A 4.a above but if not resolved at the Base level will bypass the DRC process and go directly to a Grievance Determination Conference (GDC) as described in Paragraph A.6 for expedited resolution.

5. NOD/Contract Dispute Submission to the Grievance Determination Conference

If the parties are unable to resolve the issue following the DRC, the NOD may be submitted to the Grievance Determination Conference. The submission of a dispute to the Grievance Determination Conference must be made within thirty (30) days of the DRC decision and will include the question(s) at issue, a statement of facts, the position of employee/APFA, and all documents the parties have exchanged to date.

In the case of a contract dispute, the dispute may be submitted to the Grievance Determination Conference within thirty (30) days after it is determined it cannot be resolved at the base level.

6. Grievance Determination Conference

The purpose of the Grievance Determination Conference shall be to attempt to reach an acceptable resolution of the dispute informally, if possible.

a. The Grievance Determination Conference shall be composed of up to six (6) participants, an equal number appointed by the APFA and the Company. The Grievance Determination Conference shall be empowered to make decisions by majority vote.

b. The mission and purpose of the Grievance Determination Conference is to promote the prompt, effective resolution of disputes and preserve traditional arbitration for the timely adjudication of discharge grievances and contractual disputes that have significant and widespread impact among Flight Attendants. The Grievance Determination Conference shall meet at least every other month if necessary but will add additional days or meet monthly if needed to address volume of grievances. The Company and/or the APFA may invite subject matter experts to the Grievance Determination Conference.

c. The Grievance Determination Conference will meet and review the NOD or Contract Dispute Submissions and is empowered to:

i. Resolve the NOD or Contract Dispute and memorialize and sign the written resolution; or

ii. Carry the NOD or Contract Dispute over to the next meeting as a one-time deferral to get more information; or

iii. Assign the Contract Dispute to the regular SBA as defined in Section 31 or the NOD to the QSB as defined in Section 31.

d. The Grievance Determination Conference may also meet and review a discharge dispute(s) submitted by either party.

e. Unless otherwise mutually agreed by the parties, all matters discussed by the Grievance Determination Conference, shall be off the record and shall have no precedential effect on any other matter or be admissible or relied upon in any other matter unless otherwise agreed upon by the parties.

f. If the parties reach resolution at the Grievance Determination Conference, the resolution shall specify whether the Agreement has precedential effect or has no precedential effect. If the settlement is non-precedential, notwithstanding the foregoing, the parties are not precluded from referring to such a resolution or accepted recommendation orally, and in general terms, and should not refer to specific bases or number of such resolutions or accepted recommendations reached by initial informal discussions, other DRCs, or settlement conferences under this procedure.

g. At the Grievance Determination Conference, the parties shall exchange all documents not previously exchanged supporting their respective positions. This exchange should continue throughout the process as documents become known to any of the parties, until such time as the dispute is finally resolved in accordance with this Agreement. At the request of the APFA, the Company will share unredacted documents for contract and discipline/discharge cases. Non-redacted documents will only be shared with the Grievance Determination Conference participants until such time as provided in Section 31.Q.

7. If the parties are unable to resolve the dispute at the Grievance Determination Conference, the dispute may be submitted as a grievance to the System Board of Adjustment as provided for in System Board of Adjustment, Section 31. The submission of a dispute to the SBA must be made within thirty (30) days of the Grievance Determination Conference. The submission to the SBA shall include a formal and specific grievance statement, including the matter at issue and the remedy sought, the NOD or contract dispute, and a copy of all documents exchanged to date.

8. Conversion of NODs to Contract Dispute At any time after a NOD is filed in accordance with Paragraph A, either party may determine that a particular dispute should be converted to a Contract Dispute because in their determination resolution requires agreement on the interpretation of the Agreement or a Company policy. In such case, the dispute shall be converted to a Contract Dispute.

9. Conversion of Individual, Group or Base NODs or Contract Disputes to Presidential Grievances.

a. At any time after a NOD or contract dispute is filed in accordance with Paragraph A, and prior to submission to the SBA, APFA may determine that a particular dispute involves a contractual or a policy issue which cannot be resolved at a local level and should be converted to a Presidential Grievance. In such case, a formal and specific statement of grievance shall be filed, and the dispute processed in accordance with the Presidential Grievance procedures detailed herein. The Company may recommend that a NOD is appropriate for conversion to a Presidential Grievance, and the APFA shall consider the Company’s recommendation.

b. The Company may recommend that any dispute is appropriate for conversion to a Presidential Grievance, and the APFA shall consider the Company’s recommendation.

1. Discharge

a. Notification of Discharge/Request for Investigation and Hearing A Flight Attendant shall not be discharged from the service of the Company without written notification of such action which shall contain the precise charges, or without an investigation and hearing thereon, provided that such Flight Attendant makes written request for such investigation and hearing within ten (10) days, exclusive of Saturdays and Sundays, after receipt of notification. A copy of such discharge will be sent to the APFA Base President and the APFA Regional Representative, simultaneously, with employee notification, unless the employee being discharged requests otherwise.

i. Hearing Officer

Such written request for an investigation and hearing shall be addressed to, and such hearing conducted by, the Managing Director, Inflight, or their designee.

ii. Investigation and Hearing Held Within Ten (10) Days Such investigation and hearing shall be held within ten (10) days, exclusive of Saturdays and Sundays, of the receipt of the Flight Attendant’s written request therefore.

b. Hearing At the hearing, both parties shall present an explanation of their respective positions by describing the evidence and setting forth their arguments. The Company shall present its explanation first. Should either party desire to call a witness or witnesses to give testimony in support of their respective position, such witness shall be subject to questioning by the other party.

c. Document Exchange

i. Documents supporting the respective positions of the parties may be exchanged at the hearing at the option of either party.

ii. For confidentiality purposes, and, at the option of either party, all names and other identifying information may be redacted from any documents exchanged. It was agreed, that in a spirit of cooperation and in an effort to promote a mutually respectful and trusting working relationship, the Company and APFA will encourage their representatives to fully exchange all documents, including video and audio, used in support of their respective positions at all First Level Discharge Hearings. Should a problem subsequently develop as a result of this exchange of information, the Company and/or the APFA may elect not to exchange such information at First Level hearings in the future, at either party’s option, consistent with the terms of the Collective Bargaining Agreement. The evidence will not be distributed or disclosed to any party not involved in the grievance and system board hearings.

iii. If the Company does not exchange a copy of the video/audio evidence, then the Company will allow the APFA to view video or listen to audio evidence remotely on request as often as necessary.

d. Decision

The official conducting the hearing shall render a decision as soon as possible but no later than ten (10) days, exclusive of Saturdays and Sundays, after the close of such hearing.

e. Appeal

If the decision of the Managing Director, Inflight, or their designee, is not satisfactory to the Flight Attendant, the matter may be appealed to the American Airlines Flight Attendant SBA as provided for in System Board of Adjustment, Section 31, provided said appeal must be submitted within thirty (30) days of receipt of the decision of the Managing Director, Inflight, or their designee.

f. Withhold from Service A Flight Attendant may be held out of service by the Company pending such investigation, hearing and the appeals therefrom.

g. Exoneration

i. Reinstatement If, as a result of any hearing or appeal therefrom, as provided herein, a Flight Attendant is exonerated, the Flight Attendant shall, if they had been held out of service, be reinstated without loss of seniority and shall be paid for such time lost in an amount which the Flight Attendant would have ordinarily earned had they been continued in service during such period.

ii. Personnel Record If, as a result of any hearing, or appeal therefrom, as provided herein, the Flight Attendant shall be exonerated, the personnel record shall be cleared of the charges.

2. Presidential Grievances

a. Filing The APFA National President may protest, in writing, to the Vice President of Labor Relations, of the Company any action of the Company or any alleged misapplication or misinterpretation of this Agreement within ninety (90) days after such alleged action, misapplication or misinterpretation has been ascertained.

b. Decision

The Vice President of Labor Relations shall evaluate such grievance and render a decision, in writing, within twenty (20) days after it has been received.

c. Appeal If the decision of the Vice President of Labor Relations is not satisfactory, an appeal may be made, in writing, within twenty (20) days to the SBA, as provided in System Board of Adjustment, Section 31.

3. Contract Disputes

Filing/Conversion Once the matter (whether converted or originally filed as a Contract Dispute) has been heard at the Grievance Determination Conference, if the matter remains unresolved the APFA National President may submit the dispute to the SBA by submitting a written statement to the Managing Director of Labor Relations or their designee within thirty days (30) from the later of the date of notification of the conversion or the completion of the Grievance Determination Conference process for that matter.

4. General

a. Failure to Appeal Within Time Limits

If any decision made by the Company under the provisions of Section 30 is not appealed by the Flight Attendant(s) affected within the time limits prescribed herein for such appeals, the decision of the Company shall become final and binding.

b. Time Limits

It is agreed by the parties hereto that the periods of time for hearings, decisions, and appeals established in Section 30, shall be considered as maximum periods of time and that when hearings, decisions and appeals can be handled in a period of time less than the maximum time stipulated, every effort will be made to expedite such cases.

c. Stenographic Reports

When it is mutually agreed that a stenographic report is to be taken of the investigation and hearing, in whole or in part, the cost will be borne equally by both parties to the dispute. In the event it is not mutually agreed that a stenographic report of the proceedings shall be taken, any written record available taken of such investigation and hearing shall be furnished to the other party to the dispute upon request, provided that the cost of such written record so requested shall be borne equally by both parties to the dispute.

d. Representation at Hearings

Employees covered by this Agreement may be represented at hearings by such person or persons as they may choose and designate, and the Company may be represented by such person or persons as it may designate. Evidence may be presented either orally or in writing, or both, and through witnesses.

e. Grievance Matters to be in Writing

All matters handled under the procedure provided for in Paragraph B, shall be in writing and shall be signed by the employee or a representative designated by the employee, and all decisions shall be in writing.

f. Representatives/Witnesses

When, under the operation of this Agreement, a Flight Attendant is chosen to act as the representative of, or witness for, another Flight Attendant against whom charges have been proffered, such Flight Attendant shall, when the requirements of the service permit, be given leave of absence of a time sufficient to permit the Flight Attendant to appear as such representative or witness.

g. Submission to the System Board

All submissions to the SBA shall be made in accordance with the provisions of System Board of Adjustment, Section 31.