Below are down loadable files of some of the final and binding settlements or decisions on grievances your Union has taken in front of either a Board of Adjustment and/or a neutral Arbitrator. What follows are brief descriptions of the grievance followed by the actual decision.
There are several other cases that were taken to Arbitration and decided one way or another that will not be posted due to confidentiality reasons.
There are also several cases that were taken to either the Joint/System Board of Adjustment level for individuals (i.e; OT and FT bypass etc.) and decided one way or another that aren't posted here.
Several other cases have been decided at System Board and/or Arbitration and have already been incorporated or changed in the Collective Bargaining Agreement itself.
If you have any questions please feel free to contact the Union office.
Under the Collective Bargaining Agreement (Article 7) employees are allowed to trade a shift or day off without reciprocating. Employees are eligible for overtime, pursuant to Article 17, on the remaining two shifts. The carrier was allowing the employee to come in but paying only straight time due to not having already worked any hours during that regularly scheduled 24 hour work day. The Union prevailed and the following Settlement Agreement was entered into:
Download OT Worked on a TDO02082011_00000
Under the Collective Bargaining Agreement (Article 11.C) an employee whose single instance of illness or injury causes him to use more than 240 hours of paid sick leave will upon his return replenish his bank at a rate of 12 hours a month until the bank is restored to the amount he had the day before the illness or injury began. This is known as rapid re-accrual. The carrier was only rapidly reaccruing the amount of hours the employee actually burned and not until he got back the the amount he had the day before the illness or injury. The case was filed to arbitration. The Union prevailed and the following settlement was reached.
Download CAL-IBT-020-EWR-08 Rapid Re_Accrual Settlement
There was an unscheduled engine change in Shannon, Ireland and the Company contracted the work to Shannon Aerospace. The Union filed the case to arbitration arguing that a Field Trip utilizing unit members should have been called out. Arbitrator Holden ruled in favor of the carrier. What follows are the Union and Company's briefs and Arbitrator Holden's decision.
Download BRIEFFORTHECOMPANY-BRUCEYOUNG
Download UnionPost-HearingBrief
Article 17 (Overtime) provides double time to employees who work their second or third day off provided they have worked, "or been compensated for", four or more hours on their first or previous day(s) off. The carrier claimed the employee acutally had to work the four hours to trigger double time on any subsequent day(s). An employee was compensated for 8 hours of straight time on his first day off for the Fourth of July holiday and subsequently worked overtime on his second RDO. The Company paid it at time and one half (1 1/2X). The Union prevailed and the following Settlement Agreement was entered into.
Download 904-EWR-03 Caruso Or Compensated For Settlement
Article 8 of the Collective Bargaining Agreement states that when a holiday falls on an employees regularly scheduled day off, and he chooses not to take an additional day off, he will be paid 8 hours of holiday pay regardless of whether the employee works an 8 or 10 hours shift. The Carrier paid 10 hours employees 8 hours of holiday pay on their holiday RDO. The Union contended the carrier should have been paying 10 hours of holiday pay if the employee normally worked a 10 hours shift. Arbitrator Levak ruled in favor of the carrier. His decision is as follows.
Download ArbitrationHolidayPay
Article 8 of the Collective Bargaining Agreement states, "if a holiday falls on an employe's regularly scheduled day off, at the employees option, he will be given another day off immediately before or after the employees regularly scheduled days off with 8 or 10 hours pay. The Company claimed it was the employee's option to say whether he wanted an additional day at which point the Company would determine the before or after aspect based on needs of the service. The union contended the employee had the option to both choose whether he wanted an additional day off or not and whether that day was before or after. Arbitrator Hayford ruled in favor of the Union and his decision is as follows.
Download CAL-IBTCaseNo.0896-0308 RDO Holidays
Article 8 allows an employee to defer his holiday pay for use as an additional vacation day at a time in the curent year of deferral or the following vacation year. The Company claimed the actual holiday had to have occured before it can be deferred. The Union contended the bargaining history proved differently. Ther case was taken to a System Board of Adjustment and the Union prevailed.
Download Holiday Deferal Decision 04240706292012_00000
Article 8 reads, if an employee is on any type of paid leave the employee will receive holiday pay but not any leave pay when a holiday falls during that paid leave. This is to protect the employee's bank(s). The Company claimed an employee on an unpaid FMLA was not eligible for the holiday pay. The Union contended the FMLA entitled the employee to such pay. The case was taken to a System Board of Arbitration and the Union prevailed.
Download Holiday Pay on FMLA 022707