What kinds of disputes are there?
Four kinds: individual, group, base and contract disputes. Discharge and Presidential Grievances are handled separately. § 30.A.1.a
- Individual: between you and the company over any company action affecting you, except discharge. § 30.A.2.a
- Group: company action affecting specifically named flight attendants at the same base in the same manner. § 30.A.2.b
- Base: company action affecting the flight attendants at a base as a group. § 30.A.2.c
- Contract: a protest about the interpretation of the Agreement or a company policy, except discharge. It can be filed as an individual, group or base dispute. § 30.A.2.d
How do you file a Notice of Dispute (NOD)?
File a NOD, or a Contract Dispute, in person or through an APFA representative, within 20 days, not counting Saturdays and Sundays, after you became aware of the dispute. It goes to the Manager of Inflight or their designee, with any supporting documents you have attached. § 30.A.3.a It must be signed by the flight attendant, and if an APFA representative files it, a signed authorization is needed. § 30.A.3.b Unless APFA filed it, the company must give a copy to the APFA Base President within five working days. § 30.A.3.c
What happens after you file?
The company, you and your APFA representative should first try to discuss and resolve it informally and begin exchanging supporting documents. § 30.A.4.a If that fails, a Dispute Resolution Conference (DRC) is held within 30 days of filing, at a time agreed by both sides. § 30.A.4.b.i If it concerns your own performance or attendance, or any matter specific to you as an individual, you must be present. In other disputes, such as scheduling, contractual or other policy issues, you may choose not to attend and be represented by APFA instead. § 30.A.4.b.ii The DRC cannot amend or change the Collective Bargaining Agreement. § 30.A.4.c
For an individual or group dispute, if you weren’t at the DRC you have five days, not counting Saturdays and Sundays, from receipt of the resolution to accept or reject it. If you give no response within ten days, it is treated as rejected and the dispute goes to the Grievance Determination Conference. § 30.A.4.d.i § 30.A.4.d.ii.d DRC resolutions are off the record and non-precedential. § 30.A.4.e
Contract Disputes skip the DRC. If not resolved at base level they go directly to a Grievance Determination Conference, and either party can convert a NOD to a Contract Dispute at any time if resolving it needs agreement on how to interpret the Agreement or a company policy. § 30.A.4.f § 30.A.8
What is the Grievance Determination Conference?
Up to six participants, equal numbers from APFA and the company, who decide by majority vote. § 30.A.6.a You have 30 days from the DRC decision to submit a NOD to it; for a Contract Dispute the 30 days run from when it is determined that it can’t be resolved at the base level. § 30.A.5 It can resolve the dispute, carry it over once to the next meeting for more information, or assign a Contract Dispute to the regular System Board of Adjustment (SBA) or a NOD to the QSB. § 30.A.6.c If it can’t be resolved there, the dispute can go to the SBA as a grievance within 30 days of the conference. § 30.A.7 For a Contract Dispute, the APFA National President submits it to the SBA in writing within 30 days of the later of the notice of conversion or the end of the Grievance Determination Conference process. § 30.B.3
What happens if you are discharged?
You may not be discharged without written notice with the precise charges, or without an investigation and hearing if you ask for one in writing within ten days, not counting Saturdays and Sundays, of receiving notice. § 30.B.1.a The hearing must be held within ten days, not counting Saturdays and Sundays, of your request. § 30.B.1.a.ii The company presents its position first and either side can call witnesses. § 30.B.1.b The decision is due within ten days, not counting Saturdays and Sundays, after the hearing closes. § 30.B.1.d If it isn’t satisfactory, you can appeal to the SBA within 30 days of receiving the decision. § 30.B.1.e
You can be held out of service pending the hearing and appeals. § 30.B.1.f If you’re exonerated, you are reinstated without loss of seniority, paid for time lost, and your personnel record is cleared of the charges. § 30.B.1.g.i § 30.B.1.g.ii
What is a Presidential Grievance?
The APFA National President can protest in writing to the company’s Vice President of Labor Relations any action or alleged misapplication or misinterpretation of the Agreement, within 90 days after it was ascertained. § 30.B.2.a A decision is due in 20 days, and an appeal to the SBA must be made in writing within 20 days. § 30.B.2.b § 30.B.2.c APFA can convert a dispute to a Presidential Grievance at any time before it goes to the SBA. § 30.A.9.a
What if you miss a deadline?
If a company decision isn’t appealed within the time limits, it becomes final and binding. § 30.B.4.a The time limits are maximums, and the parties should try to move faster when they can. § 30.B.4.b Everything handled under Paragraph B must be in writing. § 30.B.4.e You may be represented at hearings by anyone you choose to designate. § 30.B.4.d
Are these rules in effect yet?
L1’s Attachment A lists the grievance procedure changes in Section 30 and the System Board process changes in Section 31 as effective January 1, 2025. [[L1.AttA@2]] Until a delayed provision is implemented the matching provision of the prior agreement stays in effect. § L1.E
“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.”
“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.”
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