United pilots contract, Section 17 — Grievances
17-A Non-Disciplinary Grievances
A Pilot or group of Pilots, including probationary Pilots, covered by this Agreement who has a grievance concerning any action of the Company affecting such Pilot(s), except matters involving discipline or discharge, shall have the grievance considered in accordance with the following procedures, provided such grievance is filed within 180 days after the Pilot(s) reasonably would have had knowledge of the facts upon which the grievance is based. This does not preclude claims for adjustment of bookkeeping errors beyond 180 days.
17-A-1 A written request for a hearing setting forth a detailed statement of the known facts out of which the grievance arose and a request for relief shall be filed with his or their Chief Pilot.
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17-A-2 A hearing shall be held by the Chief Pilot or his designee (who must be a flight qualified management Captain) not less than ten (10) days nor more than twenty (20) days after receipt of the written request. By mutual agreement, the parties may conduct the hearing via telephone. No later than fifteen (15) days after the close of the hearing, the Chief Pilot or his designee shall issue a written decision. All notices of hearings and decisions shall be sent via email to the signatory of the grievance, with email copies sent to the grievant(s), to the Representation Department of the Association, the Local Executive Council Chairman, the Local Grievance Chairman, MEC Grievance Committee Chairman or his designee and the MEC Chairman.
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17-A-3 An appeal, if made, of the Chief Pilot’s decision shall be submitted in writing to the senior- most flight-qualified Vice-President in charge of Flight Operations, with a copy to the Chief Pilot no later than thirty (30) days after the date the decision was received by the grievant(s).
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17-A-4 An appeal hearing shall be held no later than fifteen (15) days after the receipt of the written appeal by the senior-most flight-qualified Vice-President in charge of Flight Operations. Not later than fifteen (15) days after the close of the appeal hearing, the senior-most flight- qualified Vice-President in charge of Flight Operations or his designee shall issue a written decision to the grievant(s) and furnish via email a copy to the Representation Department of the Association, the Local Executive Council Chairman, the Local Grievance Chairman, MEC Grievance Committee Chairman or his designee and the MEC Chairman.
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17-A-5 Further appeal, if made, shall be to the United Airlines Pilots' System Board of Adjustment (“the Board”) as provided for in Section 18, provided such appeal is made no later than sixty (60) days following the date of receipt by the Representation Department of the Association (staff attorney) of the decision of the senior-most flight-qualified Vice-President in charge of Flight Operations or his designee, except as provided in Section 17-A-6.
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17-A-6 Grievance Review Panel
17-A-6-a The sixty (60) day time period for the submission of non-disciplinary grievances to the Board, pursuant to Section 17-A-5 and Section 18, shall be extended for any grievance under review by the UAL-MEC Grievance Review Panel until thirty (30) days after a determination by such panel on submission of such grievance to the Board or until sixty (60)
days after entry of a final judgment (including appeals) in any legal proceedings resulting from a determination not to submit any such grievance to the Board, whichever occurs later.
17-A-6-b The Association shall advise the Company of a grievance pending before the UAL- MEC Grievance Review Panel within the sixty (60) day time period established under Section 17-A-5 and shall advise the Company of any legal proceedings within sixty (60) days after commencement. Should the disposition of the case result in a judgment which includes recognition of an accrued liability by the Company, such liability shall not continue to accrue during the period from the date the notice of review was filed until the date the appeal was filed. Furthermore, the members of the Board (including the neutral arbitrator) shall not be advised that any such grievance was considered by the UAL MEC Grievance Review Panel or of any determination by such panel or of subsequent legal proceedings and shall not consider any such matters in hearing and deciding any such grievance.
17-A-7 Grievances Filed by the MEC Chairman
The MEC Chairman or his designee may submit a written request seeking review by the senior- most flight-qualified Vice-President in charge of Flight Operations of an alleged misapplication or misinterpretation of this Agreement which is not at the time the subject of a pending grievance. The senior-most flight-qualified Vice-President in charge of Flight Operations or his designee shall have twenty (20) days after receipt of the request to investigate and issue a written decision; unless a hearing is requested by either party, in which case the decision shall be due fifteen (15) days after the hearing. If the decision is not satisfactory, the President of the Association may submit a written appeal to the Board pursuant to Section 18, provided such appeal is made no later than thirty (30) days following the receipt of the decision by the Representation Department of the Association (staff attorney). Rights under this sub-paragraph shall not apply to hypothetical cases or situations.
17-B Discipline and Discharge
17-B-1 Investigation
17-B-1-a Initial Interview
Whenever the Company suspects a Pilot of wrongdoing and requests an investigatory interview, the Company must provide information about the nature of the discussion at the time the Company requests such interview. The interview shall be conducted as follows:
17-B-1-a-(1) prior to any questioning, the Pilot shall be notified of their right to representation pursuant to Section 17-C-10;
17-B-1-a-(2) prior to any questioning, the Pilot shall have the opportunity to review any statements or other documents that the Company has in its possession upon which the investigation is based. For the purpose of reviewing such documents, the Company shall provide:
17-B-1-a-(2)-(a) the Pilot and their representative with a private space where no Company representatives are present, and
17-B-1-a-(2)-(b) the time necessary to review the documents and discuss them with their representative (including the right to consult with ALPA counsel). A request for
an extension of time beyond the same day, based on the volume of the documentation, shall not be unreasonably denied.
17-B-1-a-(3) the interview shall be conducted by a Captain-qualified member of Flight Operations management;
17-B-1-a-(4) if a Pilot statement is requested, the Pilot shall be provided no less than three (3) business days after conclusion of the interview to provide one.
17-B-1-b Before a Pilot is disciplined or discharged, the Company shall notify him in writing of the precise charge(s) against him. The Letter of Charge shall include the following statement: "A copy of this letter has been sent to the Association. If you desire Association representation, you must contact your local Association representative." The Pilot shall be given at least ten (10) days to secure the presence of witnesses and gather evidence, and shall have the right to be represented by counsel, an employee of the Company or an Association representative(s). A hearing shall be held in the Pilot’s Base by the Chief Pilot or his designee (who must be a flight qualified management Captain) no later than fifteen (15) days following the issuance of the charge; unless the Pilot, through no fault of his own, did not receive the charge in time to have had the ten (10) days required above. In that event, the hearing shall be rescheduled, if requested, to provide the required ten (10) days.
17-B-1-c No later than fifteen (15) days after the close of the hearing, a written decision shall be issued and a copy sent via email to the Representation Department of the Association, the Local Executive Council Chairman, the Local Grievance Chairman, MEC Grievance Committee Chairman or his designee and the MEC Chairman. Additionally, a copy of such decision shall be sent via express mail with proof of delivery to the grievant.
17-B-1-d During the course of the investigation conducted in accordance with Section 17-B-1, the Company may hold the Pilot out of service with pay until the effective date of the written decision determining the action to be taken. Any extension of time limits granted at the request of the Pilot shall be without pay for the period of the extension. The Pilot shall continue to receive full pay and benefits during any extension granted at the request of the Company.
17-B-1-d-(1) Pilots who have not been held out of service in accordance with Section 17-B- 1-d and who are brought in for an in-person meeting under Section 17-B will be paid in accordance with Section 3-G-2 or, if such meeting is on a day off, will be placed on Company Business for that day(s) and paid three (3) hours of Add Pay.
17-B-1-e The Pilot and their representative may consent to hold investigative interviews via video conferencing in any case where termination or suspension will not be imposed.
17-B-1-e-(1) Pilots who have not been held out of service in accordance with Section 17-B- 1-d and who participate in such video meetings will be considered on Company Business and paid one (1) hour of Add Pay. Such Add Pay does not limit the duration of the meeting.
17-B-1-e-(2) If, during the course of the investigative interview, information is obtained that may warrant a suspension or termination, the Company will suspend the video
conference and reconvene the meeting in-person. In such situations, the Pilot will be entitled to Add Pay for each meeting attended (if applicable).
17-B-1-e-(3) If, after being presented with documents required by Section 17-B-1-a-(2), the Pilot believes that the information may trigger jeopardy for a suspension or termination, and decides that they wish to address the allegations in-person, the parties will suspend the video conference and reconvene in-person. In such situations, the Pilot will only be entitled to Add Pay under Section 17-B-1-d-(1).
17-B-2 If the Pilot is dissatisfied with any discipline and wishes to appeal, he shall submit a written appeal to the senior-most flight-qualified Vice-President in charge of Flight Operations no later than thirty (30) days after receiving the notice of discipline.
17-B-3 The senior-most flight-qualified Vice-President in charge of Flight Operations or his designee shall hear the appeal no later than fifteen (15) days after receipt of the Pilot's written request.
17-B-4 No later than fifteen (15) days after the appeal hearing, the senior-most flight-qualified Vice-President in charge of Flight Operations or his designee shall issue a written decision to the Pilot and MEC Grievance Committee Chairman, or his designee, via express mail with proof of delivery and, unless otherwise requested, furnish an electronic copy to the Representation Department of the Association, the Local Executive Council Chairman, the Local Grievance Chairman, and the MEC Chairman.
17-B-5 Further appeal by the grievant(s), if made, shall be to the Board as provided for in Section 18, provided such appeal is made no later than sixty (60) days from the date of receipt by the grievant(s) of the decision of the senior-most flight-qualified Vice-President in charge of Flight Operations or his designee.
17-B-6 Nothing in this Section 17 shall be construed as extending the rights of Section 17-B to a Pilot during his probationary period.
17-B-7 Disciplinary Suspension
The Company shall not impose a retroactive suspension without the consent of the Association and the Pilot.
17-B-8 Exception Meters
When a notation is placed on a Pilot’s Master Schedule denoting a missed Trip, unable to contact, sick when called, or out of position, his Chief Pilot or Assistant Chief Pilot shall investigate the circumstances surrounding the event within five (5) Business Days. If the Chief Pilot concludes that the incident was incorrectly assessed, the notation shall be removed and the Pilot’s personnel file expunged of any reference to the matter. The Chief Pilot shall also ensure that the Pilot’s pay is not incorrectly docked, including, when necessary to avoid delay in payment, issuing a special check for any shortage.
17-C General
17-C-1 The time limits set forth in Section 17-A and 17-B may be extended by mutual agreement of the Company and the grievant or the Association. As referred to in this Section 17, "days" shall mean calendar days.
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17-C-2 If any decision of the Company under the provisions of this Section 17 is not appealed by the grievant(s) within the time limits prescribed herein for such appeal or any extension mutually agreed upon, the decision of the Company shall be final and binding. If any hearing or decision required of the Company under the provisions of this Section is not provided within the time limits herein, or any extension mutually agreed upon, the grievant(s) shall consider the request denied and may appeal it to the next step of the grievance procedure. Any grievance appealed to the senior-most flight-qualified Vice-President in charge of Flight Operations may not be remanded to the preceding step without the concurrence of the grievant.
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17-C-3 Nothing in this Section 17 shall be construed to prevent the Company from holding a Pilot out of service pending an investigation and hearing and appeal therefrom.
17-C-4 Exoneration
17-C-4-a If, as a result of any hearing or appeals, a Pilot is exonerated, he shall be made whole for any and all pay and benefits and shall, if he has been held out of service, be reinstated without loss of seniority.
17-C-4-b If, as a result of any hearing or appeals, a Pilot is exonerated, all personnel records shall be cleared of the charges.
17-C-5 Recording Devices
17-C-5-a No stenographic report, video, audio or other form of recordings(s) is/are permitted with regard to any investigatory or disciplinary hearing conducted pursuant to this Section 17 unless the parties mutually agree otherwise. When it is mutually agreed that a stenographic report or other recording is to be taken of such investigatory or disciplinary hearings in whole or in part, the cost shall be borne equally by the parties to the dispute.
17-C-5-b For all other types of hearings or proceedings, when it is mutually agreed that a stenographic report is to be taken in whole or in part, the cost shall be borne equally by both parties to the dispute. When it is not mutually agreed, and such stenographic record of the hearing or proceedings is made by either of the parties to the dispute, a copy shall be furnished to the other party to the dispute upon request, provided that the cost of such stenographic record so requested shall be borne equally by both parties to the dispute.
17-C-6 The filing of all grievances, decisions and appeals and written notifications shall be accomplished via email, by personal delivery or by sending such notice via express mail with proof of delivery, as designated in Sections 17-A and 17-B, addressed to the last known address of the party to whom the notice is being given. Filing shall be deemed to occur on the date of personal delivery or the date of first attempted delivery if delivery was unsuccessful.
17-C-7 Travel for Hearings and Investigations
17-C-7-a Hearings: Grievants, witnesses and representatives who are employees of the Company shall receive On-Line NRPS travel in accordance with corporate pass travel policy from the point of residence, duty or assignment to the point of hearing and return.
17-C-7-b Investigations: Grievants, witnesses and representatives who are employees shall be made available to appear, subject to the needs of the service, and shall receive the necessary transportation (NRPS) in accordance with corporate pass travel policy for the purpose of investigating and gathering evidence associated with the grievance.
17-C-8 When a Pilot is chosen to act as representative of or a witness for another Pilot, such Pilot shall be made available for a time sufficient to permit him to appear as such representative or witness.
17-C-9 Scheduling and Pay for Attendance at Hearing
17-C-9-a When the Association requests the appearance of a Pilot to testify at a scheduled hearing, the Company shall, subject to the needs of the service, agree to cooperate in dropping scheduled Trip or Trips, or portions thereof, in the Pilot's Line of Flying necessary for the Pilot to be present. Should the needs of the service not allow the Trip drop(s), the Company shall adjust the scheduled hearing dates to allow for the Pilot's presence. The Company shall not be obligated to pay for the value of the Trip(s) dropped pursuant to this Section 17-C-9.
17-C-9-b When the Company requests a Pilot to appear in-person as a witness at a scheduled hearing, the Pilot will be paid in accordance with Section 3-G-2 or, if such testimony is on a day off, will be placed on Company Business for that day(s) and paid the greater of four hours and thirty minutes (4:30) of Add Pay or the Company Business daily rate per day.
17-C-10 ALPA Representation
A Pilot shall be entitled to have an Association representative present at any step of the grievance procedure and at any other time a Pilot is requested to meet with a member of management where there exists the potential that the meeting may result in disciplinary action being taken against the Pilot. The Company shall advise the Pilot of his right to have a representative of his choice present, provided the representative will be available within a reasonable period of time not to exceed twenty-four (24) hours. Further, when a Pilot is requested to appear at such meeting, investigation hearing or conference, he shall be advised of the nature of the subject to be discussed.
17-C-11 Disciplinary Record
17-C-11-a The Company shall maintain active Letters of Counsel and/or discipline in a Pilot's personnel file, and will base any escalation of progressive discipline in matters where the use of progressive discipline is appropriate only on such records contained in that file. To the extent permitted by law, the Company shall remove and/or delete any record of any Letters of Counsel or disciplinary action taken against a Pilot from the Pilot's personnel file after eighteen (18) months of Active Service from the date of issuance if no further discipline has been imposed during that period. The Pilot's record may be cleared earlier, when, in the judgment of the Company, his performance warrants such action.
17-C-11-b After the removal and/or deletion of disciplinary materials or record from the Pilot's personnel file, the Company may retain a record of the discipline with the Labor Relations department, which may only be cited in the event that the Pilot is involved in future discipline and he, or the Association on his behalf, alleges or implies he has never received
any discipline in his career, or during the timeframe covering the discipline, at United. This record will not be made known to any Hearing Officer or investigating official in Flight Operations or any other department during the discipline process under Section 17. Labor Relations staff will only access it after a formal disciplinary hearing under Section 17 has been held to ensure no inaccurate claim was made regarding prior disciplinary record, or in preparation for a System Board hearing under Section 18 in which it could be used as specified above.
17-C-12 Pilot Personnel File
A Pilot shall be furnished a copy of any information placed in his personnel file that may be used in the evaluation of his performance and/or employment relationship. Further, the Company shall not place any negative report, or any other material of an unfavorable nature (e.g., discussion records, etc.), in a Pilot’s personnel file without providing a copy to the Pilot (via the Notice provisions) and an opportunity to review and discuss the matter with the Chief Pilot or Assistant Chief Pilot. A Pilot shall be allowed to place in his personnel file his own statement regarding any incident or report and provided an opportunity to initial the material to be placed in his file. Initialing the material shall indicate that the Pilot is acknowledging receipt only and not agreement with the facts or determination by the Chief Pilot’s Office.
17-C-13 Upon request by the MEC Chairman or his designee, the Company shall, in a timely manner, provide Pilots and/or their Association Representatives with all documentation in the Company's possession (including copies of any recorded conversations between Company personnel, such as Crew Scheduling, Crew Coordination, Network Operations Center, Chief Pilots, etc. and a Pilot) relevant to the defense of disciplinary proceedings or letters of counsel or if such material is relevant to an issue involving application of the Agreement.
17-C-14 Remedy for Scheduling Errors
If, within thirty (30) days of an assignment, the Association notifies the Company that a Reserve was improperly assigned to work on a Day or Days that he otherwise would not have been used, or a Lineholder was improperly reassigned into a Day or Days the Lineholder was not originally scheduled to work, and the Company confirms that an error has occurred, in lieu of a grievance the Company shall compensate the affected Pilot as follows:
17-C-14-a A Reserve shall be assigned one (1) additional Day off on a date that falls within thirty (30) days of the Company’s confirmation of the error. The date on which the day off shall be placed shall be at Company discretion.
17-C-14-a-(1) In the event it is not feasible to assign the Day off to a Reserve within thirty (30) days of the Company’s confirmation of the error (e.g., in the subsequent Bid Period the Reserve is a Lineholder, on Leave of Absence, in training, on vacation, etc.), the Company shall have ninety (90) days from the Company’s confirmation of the error to assign the Day off. If the Company is unable to assign the Day off on a date that falls within ninety (90) days of the Company’s confirmation of the error, the Pilot shall be given one (1) vacation credit day.
17-C-14-b A Lineholder shall be given one (1) vacation credit day upon the Company’s confirmation of the error.
17-D Grievance Mediation
A grievance mediation process, hereinafter referred to as the "Mediation Conference", may be scheduled by mutual agreement of parties. The "Mediation Conference" shall be scheduled for three consecutive days of a single week , which shall be in addition to any hearing dates scheduled in accordance with Section 18, unless the parties agree otherwise.
17-D-1 The Association and the Company agree that only grievances which have been submitted to the Board in accordance with Section 18, shall be scheduled for a Mediation Conference. Grievances that have been submitted to the Board and have not been noticed for a hearing before the Board within two (2) years after the date of submission, shall be selected for mediation by the Association or shall be withdrawn. The parties will work together to administer this provision in an efficient manner.
17-D-2 The grievant shall have the right to be present at the Mediation Conference. Attendance at the Mediation Conference shall be limited to those people actually involved in the Mediation Conference.
17-D-3 The Company and the Association shall each appoint a principal spokesperson, who may be an attorney, for the Mediation Conference.
17-D-4 The representative of the parties shall, no later than five (5) days prior to the scheduled date of Mediation Conference, present the mediator with a brief written statement of the facts, the issue, and the arguments in support of their position. If such a statement is not presented in written form, it may be presented orally at the beginning of the Mediation Conference; however, such oral statements shall be limited to twenty (20) minutes in duration.
17-D-5 Proceedings before the mediator shall be informal in nature and the rules of evidence shall not apply. The presentation of evidence shall not be limited to that which was presented at the prior stages of the grievance procedure.
17-D-6 No record of the Mediation Conference shall be made. Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the Mediation Conference.
17-D-7 The mediator shall have the authority to meet separately with either the Association or the Company in the Mediation Conference, but shall not have the authority to compel the resolution of the grievance.
17-D-8 If no settlement is reached during the Mediation Conference, the mediator shall provide the parties with an immediate oral advisory decision, unless the Association and the Company mutually agree that no such decision shall be provided. When rendering an oral advisory decision, the mediator shall state the grounds for such decision.
17-D-9 Grievances settled during a Mediation Conference shall not constitute a precedent, unless the Association and the Company otherwise mutually agree, in which case the parties shall document their understanding of the precedent.
17-D-10 If no settlement is reached during the Mediation Conference, the grievance may be heard by the Board pursuant to Section 18 and in the normal course of the Board's schedule.
17-D-11 In the event a grievance which has been the subject of a Mediation Conference is subsequently heard before the Board, no mediator may serve as the arbitrator. During the Board proceeding on such a grievance, no reference shall be made to the fact that the grievance was the subject of a Mediation Conference; nor shall there be any reference to statements made, documents provided, or actions taken by either the mediator or the participants during the course of a Mediation Conference, unless the party offering such statements, documents or actions would have had access or entitlement to them outside of the Mediation Conference.
17-D-12 The Association and the Company agree to schedule no more than three (3) grievances for Mediation Conference per day. The mediation day shall commence at 0930 local and it is anticipated that each Mediation Conference shall last no more than two and one-half (2.5) hours.
17-D-13 The selection of the mediator shall be by mutual agreement between the Company and the Association.
17-D-14 The fee and expenses for the mediator and conference facilities shall be shared equally by the Association and the Company.