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Old 09-18-2015, 10:19 AM
  #38  
Raptor
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Joined APC: Aug 2012
Posts: 711
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Originally Posted by Flaps50 View Post

The union is obligated to grieve any grievance you have if you follow through with the process.
The process is nasty if the union doesn't want to grieve it. After a lot of internal processing, they say no. Then the pilot can essentially do it himself at his expense. And, the union can take a position in opposition to you. Not a very friendly system. See the last area in red for going it alone:

GRIEVANCE PROCESS
A. PROCEDURE FOR PROCESSING NON-DISCIPLINARY GRIEVANCES
1. Pilot contacts MEC Grievance Office with complaint.
2. Contract Enforcement Specialist obtains details and other information and provides an interpretation to the pilot.
a. Unfavorable Interpretation:
(1) Contract Enforcement Specialist contacts complaining pilot to relay interpretation and discourage filing of grievance.
(2) If the pilot maintains his or her right to access the grievance process, the Grievance Chairperson shall file a grievance for processing in accordance with Section 20 of the Agreement.
b. Favorable Interpretation:
(1) Contract Enforcement Specialist, in conjunction with the grievant, may attempt resolution by direct contact with the appropriate Company department.
(2) Failing resolution, the Grievance Chairperson shall file a grievance for processing in accordance with Section 20 of the Agreement.
c. Local Executive Council Notification:
(1) The Grievance Committee shall notify the respective Local Executive Council Representative(s) of the pilot(s) involved. This notification can be done electronically and in a timely as practical.
B. PROCEDURE FOR PROCESSING DISCIPLINARY GRIEVANCES
1. Pilot contacts MEC Grievance Office and is referred to the MEC Contract Administration Office.
2. A Contract Administrator or grievance representative obtains details and receives the appropriate course of action from the ALPA Representation Department.
3. Grievance Representative may accompany the pilot to any management hearings and/or appeals as appropriate.
4. If no resolution acceptable to the pilot is reached after the final appeal, the Grievance Chairperson shall submit an appeal to System Board of Adjustment subject to review by the Grievance Review Board.
5. The Grievance Committee shall notify the respective Local Executive Council Representative(s) of the pilot(s) involved. This notification can be done electronically and in a timely manner as practical.
C. SUBMISSION TO SYSTEM BOARD OF ADJUSTMENT FOR NON-DISCIPLINARY GRIEVANCES
1. The Board will determine whether the grievance brought before it seeks to establish a result or pursue an argument that would be contrary to the agreements, commitments, understandings or policies of this organization as the representative of the FedEx pilots.
2. During the MEC Grievance Chairman’s review of a grievance, any concerns that arise with regard to System Board jurisdiction or whether an undesirable result might occur, the MEC Grievance Chairman will contact the grievant to discuss these concerns before a decision is made to invoke a Grievance Review Board (GRB).
3. In the event that the MEC Grievance Chairman makes such determination and the grievant does not agree to withdraw the grievance, the MEC Grievance Chairman shall report his findings to the MEC Chairman.
4. In the event that the MEC Grievance Chairman decides to invoke a GRB, grievant shall be notified in writing by certified mail, return receipt requested. Such notice shall advise the grievant of a hearing before the MEC Grievance Review Board for review of the determination not to submit his grievance to the System Board.
a. The Association may choose to request an extension or file a submission for a grievance to the System Board in order to preserve the right of appeal while awaiting a determination from the Grievance Review Board.
5. The Grievance Review Board shall conduct a hearing within forty-five (45) days of the notice of hearing referenced in 4 above. Said hearing may be conducted by telephone. The MEC Grievance Review Board shall allow the grievant (or representative from a group of grievants) to make a presentation during the said hearing.
6. Disposition:
a. The Grievance Review Board shall make its determination within fourteen (14) days after conclusion of the hearing.
b. If the MEC Grievance Review Board determines that the grievance should not be submitted to the System Board, the grievant shall be so notified by certified mail, return receipt requested.
c. If the MEC Grievance Review Board determines that the grievance should be submitted to the System Board, it shall so direct the MEC Grievance Chairman.
7. After exhausting the process described above, should a grievant(s) reject the determination of the Grievance Chairman and/or Grievance Review Board, or if a grievant determines to represent himself at any time after the filing of the grievance, the following shall apply:
a. The Association shall retain the right to attend all hearings, receive all documentation, remain a party to the System Board, and take any positions on substance or procedure during the grievance process that are deemed necessary to protect or advance the interests of the FDX pilots, even if such positions are adverse to those taken by the grievant.
b. The grievant shall be given access to the grievance process but the Association shall retain administrative control over the grievance process. The Association shall only be responsible for payment of the following:
(1) One-half (1/2) of the hearing room expenses.
(2) One-half (1/2) of the arbitrator’s expense and fees.
(3) One-half (1/2) of the court reporter’s expenses, including the cost of one transcript to be provided to the grievant.
(4) Reasonable expenses of the Association’s System Board members.
c. The grievant shall be responsible for all other expenses associated with the grievance including:
(1) Any attorneys’ fees and related expenses should the grievant decide to retain legal representation. The MEC is under no obligation to provide legal representation to a grievant in these circumstances.
(2) Trip removal and travel expenses for any witnesses called by the grievant, and any other associated administrative expenses.



I'm feeling more like TonyC every day!
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