THE I.B.T.
/ AIR CANADA SYSTEM BOARD OF ADJUSTMENT WAS HELD IN CLEARWATER, FLORIDA THE WEEK OF 07 JULY 2002
HERE ARE THE DECISIONS I HAVE RECEIVED ........
HOUSTON :
Articles 5.01.01, 8.02.01 and
Appendix B ...
The Board finds that based on operational
requirements the Company has reintroduced the position of Lead CSA into the IAH Airport Work Unit and that trained and qualified
Salary Protected J05 employees have bid on these positions. The Board also notes that this action is consistent with the J06
Implementation Agreement, therefore the grievance is denied.
Appendix C.. OT - Training April 22
- May 4 ....
After extensive discussion the Board
finds that in this case the available OT was distributed in accordance with the Local Overtime distribution rules. The Board
also finds that employees in training in their own Seniority District may be offered OT consistent with the Local Overtime
Distribution rule and the availability of the employee i.e. employees are not available during the scheduled training hour
and that this practice is consistent with past practice.
Finally the Board states that the parties have agreed that
"Training courses" referred to in Appendix C, A2. d) means training outside the employee Seniority District.
J06 Vacation Coverage ....
The Board found that this matter was adjudicated under SB51-723-MIA
as follows "The Board reviewed in detail the Agreement that led to the creation of the Airport Service Coordinator position
and confirmed that the Agreement specifically excluded the use of the J06 position as a "Relief Agent". The Board found that
the use of a J03 Relief Agent to cover either ASC or Lead vacation is consistent with both past practice and the Collective
Agreement. Therefore the grievance is denied.
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HONOLULU :
Articles 1.01, 5.02, 5.06 and 8.05.01 ...
Company First Hold.
Articles 10.01.01.04 and 12.02.02
...
Company First Hold.
Appendix G, H, I and B ....
Company First Hold.
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Los Angeles :
Article 22.. 5 Day Suspension
Without Pay- Work Performance
The grievance is denied, however the
Board directs that the discipline be reduced to one day without pay.
Article 9.06.01 and Local OT
Rules -- Length of Temporary Assignments and use of available J03 to work as J05 ....
Union First Hold.
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MIAMI :
Article 15 - BOOKING OT and Article
12 - Work Schedule
The Board finds that no OT was booked
and therefore neither Article 15 nor the Local OT Distribution rules were violated and therefore this part of the grievance
is denied.
With regard to the creation of an ASC work schedule containing
gaps, the Board is informed that the parties have agreed to work together to create the Winter work schedule and therefore
this part of the grievance is remanded to the parties.
Article 15.09.02.02 ....
Settled by the parties locally.
Article 22 - 3 Day Suspension Without Pay- Work Performance
After discussion the Board denies the grievance and the 3-Day
suspension is upheld. The application of the suspension will be left to the local level and the Board directs that the Suspension
be removed from the employee's file one year from the date of issue.
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NEWARK:
Article 5.08 and Appendix H - Handling
of Charters...
The grievance is added to 52-754-MIA
which was deadlocked.
Article 13.02 and 15.07.03- Holiday
Pay while out on Medical Disability ....
The Board states that during past
discussion and in adjudicating past grievances having to do with Holiday credits during periods of Medical Disability and
payment for overtime worked on an RDO that was a Holiday it established a principle which states that the establishment of
the Holiday Credit system was not meant to result in either the employee or the Company gaining or losing a benefit due or
not due under the prior agreement.
The Board stated that in this or similar
situation the overriding principle will be the maintenance of equity and therefore in this instance the employee was paid
properly in that on the first scheduled work day after the Holiday the employee was out on Medical Disability and received
Medical Disability pay and his Bank was not debited. Therefore the grievance is denied.
Article 17.06.01-
Bereavement Leave (Step Grand Parent)....
Company First Hold.
Article 22- LOR
(Work Performance) ....
After discussion and based on the employee's
past performance the Board directs that the Letter of Reprimand be reduced to a verbal warning.
Article 22- 10 Day suspension without pay (Work Performance)....
After extensive discussion the Board denies the grievance,
however the Board directs that the Suspension be reduced to 5 Days Without Pay.
The Board also states that employees covered by the I.B.T.
Agreement are not expected to participate in the selection/promotion process for other I.B.T. members or the discipline process.
J06 Agreement, J06 Vacation Coverage and Performing Management
Duties....
After extensive discussion the Board determined that the principles
involved had been dealt with in prior cases as follows:
SB51-723-MIA and SB53-763-EWR
I WILL LET YOU KNOW
THE TIME AND PLACE OF THE NEXT SYSTEM BOARD OF ADJUSTMENT
AS SOON AS I FIND OUT !!!
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IN SOLIDARITY..
ROB
