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Fortunately, at Air Tran the Union and the
Company work very well together. Generally speaking it is not a "them verses us"
type of mentality. Both parties come together to try and resolve problems which
we both encounter. Most of the time problems are resolved amicably. When they
cannot be resolved, there is a grievance process to settle our differences.
In the airline industry the Federal Railway Labor Act governs employer/employee
relationships. The act requires that a grievance process including "System
Boards of Adjustment" be established to resolve most disputes between the
parties. Only under extremely rare circumstances does a flight attendant have a
right to go to court to resolve any dispute he/she might have with the Company.
The grievance process at Air Tran has several steps. They are divided into the
initial process (handled by the Grievance Committee) and an appeals process
(handled by the System Board Committee).
System Board Committee Responsibility (Section 20 of the Contract)
Once a calendar quarter the Union and the Company meet and attempt to resolve
any outstanding grievances. This is required by the contract and is generally
referred to as "Settlement Discussions" or “Settlement Talks.” The vast majority
of grievances are settled to the satisfaction of the Company, the flight
attendant, and the Union at this step in the process.
The last and final step in the grievance process is a hearing before the System
Board of Adjustment. This is commonly referred to as "taking a case to
arbitration." In essence, the System Board is the "Supreme Court" for resolving
disputes in the airline industry.
As mentioned above, System Boards of Adjustment are required under the Federal
Railway Labor Act to resolve differences between the flight attendants and the
Company. Our contract provides for the implementation and make up of the System
Board at Air Tran.
The Union may, but is not obligated to take a case to arbitration. However, if
the Union does not take a case to arbitration, the flight attendant has the
right to take the case to arbitration at his/her own expense.
Once a decision is made to take a case to arbitration it may take up to a year
(or more in some cases) to obtain a final ruling from the Board.
The System Board is comprised of three members. One appointed by the Union
(usually the System Board Committee Chairperson), one member appointed by the
Company (usually the Vice President of Human Resources), and one independent
professional arbitrator, chosen in accordance with Section 20 of the Contract.
The Board holds a hearing which is somewhat similar to a court proceeding.
Testimony is given, evidence is admitted, and legal briefs are filed. The Board
meets and issues an award. It takes two votes to prevail on any given issue.
Generally speaking, the decision of the Board is final and may not be appealed
to a court of law.
Only under very rare situations will a court of law review a decision of the
System Board of Adjustment. These situations usually arise where one party
alleges that the System Board exceeded its authority. It is extremely rare for a
court of law to overturn a ruling of the System Board. The court may sanction
either party which brings a frivolous challenge to a System Board ruling.
However, if either party fails to comply with the ruling of the System Board the
court can be petitioned to force the non-complying party to comply with the
System Board’s ruling.