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Article 20—Disciplinary Grievances
What is a disciplinary grievance?
A disciplinary grievance is a process that protects the IFC from being disciplined without just cause. Article 20 deals with the process that must be followed when an IFC could be subject to discipline (Progressive Guidance) or discharge. It outlines the steps such as an investigatory meeting where the IFC can have a Union Representative present, the time limits that must be followed, a guarantee the IFC will be paid while under investigation, and the steps for counseling or inclusion of written Letters of Conversation, which are documented in the IFC file. If the Company’s finding is unfavorable to the IFC, then there is a procedure for filing a grievance. Grievances can be settled at lower levels by the Company and Union. If the disputes are not resolved, they proceed to the System Board of Adjustment.
What is a System Board of Adjustment?
A System Board of Adjustment is a board that hears your grievance. The Board is made up of 3 people, 1 from the Union, 1 from the Company, 1 Neutral Party from a published list of Arbitrators. This article outlines the process to be followed to get a fair and impartial decision to your grievance that could not be settled previously through the contractual grievance process. This is a right due to union employees covered by the Railway Labor Act to resolve disputes. Decisions that are decided by the System Board of Adjustment are final and binding on both the Company and Union and can create precedent for future cases.
Many people say that a Grievance Process is the most important part of the Contract. Why is it so important?
Under JetBlue current policies, Management can discipline an IFC for any perceived violation of any policy or work rule. There is no requirement for a fair investigation, time limits, progressive guidance, or representation. There is also no real ability to challenge any kind of progressive guidance or discipline, unless the Company’s actions violate some state or federal law. Currently JetBlue IFCs “at-will employees”. This means that JetBlue has wide latitude to terminate you at any time. That will change with the Grievance Process in this Contract. Now, any discipline issued requires “just cause”, which is a legal term that requires many protections like a fair investigation, progressive discipline, fair and consistent rules, and the ability to dispute and resolve the matter through a fair, legal, and binding process. With Grievance Procedures, JetBlue IFCs are no longer “at will employees” and will have due process.
What is a "Precedent" and why is it important?
When the Company and the Union resolve a grievance with a Letter of Agreement or if a decision is made by the System Board of Adjustment, this can set a “precedent” for how similar situations are handled in the future.
What is the difference between a "Disciplinary Grievance" and a "Non-Disciplinary Grievance"?
A Disciplinary Grievance would be filed when an IFC is placed on Progressive Guidance or receives some kind of discipline up to and including termination. Under the TA, any discipline may only be issued for “Just Cause” a legal term which requires a fair and proper investigation, adhering to contractual time limits, and the “punishment fitting the crime” among other items.
A Non-Disciplinary Grievance would be filed for any violation of the Contract or even a violation of any Company policy or procedure. Some examples might include violation of Scheduling, Bidding, Rescheduling, Reserve, Payroll or Attendance contractual language or stated policies. Non-disciplinary grievances can be filed individually or on behalf of the entire work group or affected class of employees.
To use an example, Disciplinary Grievances might be compared to our criminal justice system with remedy of removal of punishment, while Non-Disciplinary Grievances would be compared to a civil case where the remedy could be ceasing an illegal practice or monetary reimbursement or settlement.
If not settled at a lower level, both Disciplinary and Non-Disciplinary Grievances can receive final and binding resolution by a neutral Arbitrator through the System Board of Adjustment.
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Pick-a-Problem—Episode 4
/in TA Education, Tentative Agreement /by Michael ArthurOur fourth and final installment of Pick-a-Problem is now live! This time, the Negotiating Team runs through topics such as: CrewFlex, modified Pairings and how we could use the rights established by TA2 to challenge abuses by the Company.
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Pick-a-Problem—Episode 3
/in TA Education, Tentative Agreement /by Michael ArthurYour Negotiating Team is back with another installment of Pick-A-Problem, answering FAQs about TA2. Watch now to learn more about Airport Standby, PTO and VPTO and talk through some Self-Deadhead scenarios. Read more