Latest System Board results

CWA LOCAL 3645   Date: May 17, 2022              TO: CWA Local 3645 Members                                                      From: CWA Local 3645      Subject: System Board Hearings

On May 11, 2022, CWA Local 3645 held the System Board of Adjustment in CLT. An agent from CLT was appealing a level 3 for work performance. The Company argued that the gate agent put the wrong passenger on the plane because the passenger whose ticket was scanned was asking to be rebooked and had not boarded that flight. The Union argued that the gate agent followed all boarding procedures including verifying ID before the boarding pass was issued. The Company confirmed the camera footage did verify the agent asked for ID for every boarding pass they issued on that flight. There is no way an agent is responsible for a boarding pass once the ID is verified and issued. After reviewing all the facts, the Board ruled to remove the level.

An agent from CLT was appealing a travel suspension for 12 months due to traveling while on medical leave. The Company argued the agent presented a doctor’s note but the agent traveled on one of the days the note covered. The agent called out for two days then said they felt better and traveled on their 3 days off. Upon returning the agent did not feel well again, so they went to the doctor due to pre-existing medical issues. The doctor faxed over a note to the company but had backdated the note to include the days the agent traveled, which was a travel violation. The Union rep argued that during the time the agent traveled there was no violation and it only became one because the doctor back dated the note. The agent was unaware of the dates on the note at the time because the note was sent directly to the Company from the doctor’s office. The agent also testified that since they didn’t realize the doctor backdated the note, they would take the dependability points for the two days prior. Agent agreed that there was a violation because of the note but didn’t think their violation warranted 12 months and asked for a lesser penalty. After reviewing all the facts, the Board ruled to reduce the 12 months travel suspension to 6 months to be reinstated on June 15th.

A group of agents from CLT were appealing dependability points due to a weather event (ice storm). The Company argued that the company has a nofault dependability policy, offered hotels, allowed agents to come in late without accruing points and that the governor did not issue an order to not drive on the streets or get ticketed. The Union rep argued that road conditions were bad and let each individual agent present their circumstances. When each agent was asked why didn’t they take the hotel, each agent responded that they couldn’t because of family at home. After reviewing all the facts, the Board ruled the points were given for just cause.

A group of agents from CLT were appealing dependability points due to another weather event. The company argued that the company has a no-fault dependability policy, offered hotels, allowed agents to come in late without accruing points and the Governor did not issue an order to not drive. The Union rep argued that in this case and on this date the Company failed to offer hotels to the agents via email or manual sign-ups. The Company admitted to offering hotels through word of mouth. After reviewing all the facts, the Board ruled to remove the points for all the agents for this weather event because it was the Company’s job to offer them a hotel so they wouldn’t have to drive and they failed to do so.

An agent from CLT was appealing dependability points. The Company argued the agent received the dependability points due to not returning from a Covid related absence. The Union rep argued the agent presented a doctor’s note that cleared her from Covid and she asked in the email if she was now clear to return. The Company responded and said they would let the agent know but got back to the agent and clear them to come back to work. After considering all the facts the Board ruled to remove the dependability points as the communication failure was not on the agent.

An agent from CLT was appealing dependability points they received by being late on the January weather event day. The Company admitted that points are not given for tardiness on severe weather days (snow or snow storms). The Union rep argued the points were given unjustly. After reviewing all the facts, the Board ruled to remove the points.

An agent from CLT was appealing a 12-month travel suspension for the agent and a permanent ban for a D-3 travel guest. The Company argued the agent’s travel privileges were suspended because the agents D-3 guest had brought a ticket while being listed for the same flight. The agent said that he was traveling with the D-3 guest and they had to split. While the agent was on their flight, the D-3 guest didn’t think they would make it, so they purchased the ticket. Although the agent understood they would have to be held accountable for the violation, the agent felt that 12 months was excessive. The Company argued that AA sends the punishment. The Union argued that although AA sends the suggested punishment, Piedmont holds the responsibility to choose the punishment. After reviewing all the facts, the Board ruled to reduce the 12 months to time served as the suspension for the active agent and the AA permanent ban on the D3 guest will remain.

In Solidarity,

Donielle Prophete – President                                                                                                                                            Darryle Williams PhD - Executive Vice President                                                                                                            Douglas Christian - Vice President                                                                                                                                    Shaquelle Baker - Secretary /Treasurer

CWA Local 3645

 

CWA LOCAL 3645

 Date: April 13, 2022                                        To: CWA Local 3645 Members

From: CWA Local 3645                                   Subject: System Board Summary

 

On April 13, 2022, CWA Local 3645 held the System Board of Adjustment in CLT.

 An agent from CLT was appealing their termination due to violating a 90-day probationary period. The agent won their job back from the System Board of Adjustment in August 2021. The Board ruled that the agent would have a 90-day probation and the last day of the employee’s probation would be 11-21-21. Due to badging issues, the Company said the agent couldn’t return to work in a timely manner, so the Company changed the date on the employee’s 90-day probation and gave them a new December 30th end date. The employee had a tardy on December 8th and although the employee only had 9 points, the Company terminated them for dependability and a violation of a last chance agreement. The Union rep argued that the agent’s return to work date was changed by the Company and not by the System Board members who originally awarded the agent’s job back nor did the agent have a last chance agreement. The Union argued that the decisions made during the System Board are legally binding and the Company had no right to change the agents return to work date on their own. After reviewing all the facts, the Board ruled the Company had no cause to terminate the agent. Agent will be returned back to work with 17 weeks of backpay.

 

An agent from CLT was appealing a termination for a failed drug screening. The Company argued that any failed drug test will result in termination. The Union rep argued that the agent, who is 61 years old, was on pain killers and took them regularly for pain to work on the ramp. This caused the false positive results. After reviewing all the facts, the Board deadlocked. This case will be sent to the CWA district 3 staff representative for arbitration review.

 

An agent from CLT was appealing their termination based on travel pass violations. The Company said the agent transported dogs on multiple one-way flights, therefore costing AA thousands of dollars in lost revenue. The Company presented multiple documents detailing trips that indicated that the agent and the registered guest were transporting animals. The Union rep argued that the agent was unaware that their registered guest was traveling with dogs and offered to reimburse American Airlines the thousands of dollars in lost revenue.

Although the agent said they were unaware that their registered guest was traveling with dogs, the Company showed 5 trips where the agent and registered guest traveled together in the same record locator with a dog and didn’t return with the dog. After reviewing all the facts, the Board ruled to uphold the termination.

 

An agent from CLT was appealing a termination based on travel pass violations. The Company said the agent had been transporting dogs for multiple years using their employee privileges, therefore costing AA thousands of dollars in lost revenue. The Company presented multiple documents detailing 70+ trips that indicated the agent was transporting animals. The agent

admitted to transporting animals but stated that they were for friends and family. The AA travel policy states that an agent can only travel with their own personal animal. The Union rep argued that the agent was unaware of the policy. After reviewing all the facts, the Board ruled to uphold the termination.

 

An agent from CLT was grieving their termination for dependability. The agent reached 34 points. The Company argued that they have a no-fault dependability policy and that they were being consistent with their policy. The Union rep argued that the agent had covid the prior year and was sick again and thought the sickness was related to Covid again. The agent submitted a negative covid test but never came back to work and never submitted a doctor’s note writing him out on medical. After reviewing all the facts, the Board ruled to uphold the termination.

 

An agent from SDF was grieving a termination based on a travel pass violation. The Company said the agent called out and then traveled while on medical leave without asking for permission from the Company as the AA Travel policy required. The Union rep argued that the agent wasn’t aware that they couldn’t travel while on medical. The Company argued that the agent was out on medical before and was aware of the rules restricting travel while out on medical. Although this was the agent’s first time violating the travel policy, the Company felt the violation was egregious enough to terminate. The Union rep argued that although the agent did violate the travel policy, the punishment did not fit the crime as the agent had no performance issues in the past 12 months. After reviewing all the facts, the Board voted to overturn the termination with no backpay and issue the agent with a level 3 and a 6-month travel suspension.

 

In Unity,

 Donielle Prophete – President

Darryle Williams PhD – Executive Vice President

Douglas Christian – Vice President

Shaquelle Baker – Secretary/ Treasurer

CWA LOCAL 3645

Date: March 23, 2022              TO: CWA Local 3645 Members

From: CWA Local 3645         Subject: System Board Hearings

On March 23, 2022, CWA Local 3645 held the System Board of Adjustment in CLT.

 An agent from AGS was appealing a termination for a travel violation and return from leave notification. The station manager was working the gate and saw the agent board the flight. They checked the agent’s PNR and saw the agent was traveling on an AA20 ticket. The manager then filed a travel violation through the non-rev reporting tool. The agent was also required to turn in a current medical note because the current medical leave had expired. The manager sent the agent a certified letter with a timeline to submit the note. The Union rep argued the medical note issue first by showing evidence that the Company gave the agent a date to submit the note and the agent submitted the note to the Company per the certified letter requirement. The agent testified that they did in deed travel on an AA-20 ticket but they asked the AA rep if they were allowed to buy while on medical and the rep said yes. After reviewing all the facts, the Board found that the agent did turn in the doctor’s note by the required time but the agent did travel on an AA 20 ticket while on medical which is against the AA travel policy. The agent will be returned back to work unpaid and with a 30-day travel suspension for violating the travel policy.

 An agent from CLT was appealing a termination due to dependability points. The agent testified that they were late due to inclement weather on New Year’s Day which forced them to be 16 minutes late. There was no inclement weather on New-Year’s day. As a matter of fact, the temperature was recorded as 68 degrees. The two points placed the agent over 30 points according to the Company’s no-fault dependability policy. After reviewing the facts, the Board ruled to uphold the termination.

An agent from CLT was appealing their 12-month travel suspension due to the misuse of travel privileges or misconduct involving the employee and/or someone on their travel pass. American Airlines travel department received a report from someone who claimed the agent was paid 4k for their registered guest. The Company presented inbox text/Facebook messages from two people where one person admitted to paying the agent 4k and offering to get them on someone else’s pass for $4500. The Union rep argued that the Company didn’t do a thorough investigation because the agent’s pass traveler said that Facebook/text message did not come from their profile. The agent then testified that the screen shot that was submitted was not the profile pic of their pass traveler. The agents pass traveler also submitted a letter saying they have never paid the agent any monies to be on their pass. After reviewing all the facts, the Board ruled that the Company did not meet the burden of proof to show that someone paid monies to be on the agents pass travel. The 12-month travel suspension was over-turned.

 An agent from CLT was appealing dependability points received during the two CLT inclement weather incidents in January. The Company argued that the company has a no-fault dependability policy and the points were given as per company policy. The Company also argued that all agents were given the option of a hotel and presented the email that was sent to all agents with the instructions on how to secure a hotel. The agent testified that they opted not to get a hotel. After reviewing all the facts presented, the Board ruled to uphold the points for both weather days.

 An agent from CLT was appealing dependability points received during the CLT inclement weather. The Company argued that the company has a no-fault dependability policy and the points were given as per company policy. The Company also argued that all agents were given the option of a hotel and presented the email that was sent to all agents with the instructions on how to secure a hotel. The agent testified that they opted not to get a hotel because they didn’t realize the weather would be that bed until they woke up the next day. After reviewing all the facts presented, the Board ruled to uphold the points.

 An agent from CLT was appealing dependability points received during the CLT inclement weather. The Company argued that the company has a no-fault dependability policy and the points were given as per company policy. The Company also argued that all agents were given the option of a hotel and presented the email that was sent to all agents with the instructions on how to secure a hotel. The agent testified that they tried to get a hotel but the link provided showed the hotels were booked. The Company argued they never ran out of hotels and the link was only a sign-up sheet and the agent never signed up for a hotel. After reviewing all the facts presented, the Board ruled to uphold the points.

 

An agent from CLT was appealing dependability points received during the CLT inclement weather. The Company argued that the company has a no-fault dependability policy and the points were given as per company policy. The Company also argued that all agents were given the option of a hotel and presented the email that was sent to all agents with the instructions on how to secure a hotel. The agent testified that they opted not to get a hotel but they felt that the Company should care about their well-being enough to not penalize them because they chose not to come in. The Company argued that it wasn’t fair to all the agents that did come to work. After reviewing all the facts presented, the Board ruled to uphold the points.

 

In Solidarity,

Donielle Prophete – President                                                                                                                    Darryle Williams- Jones PhD - Executive Vice President                                                                            Douglas Christian - Vice President                                                                                                            Shaquelle Baker - Secretary /Treasurer CWA Local 3645

 

CWA LOCAL 3645

Date: March 16, 2022               TO: CWA Local 3645 Members

From: CWA Local 3645          Subject: System Board Hearings

 On March 16, 2022, CWA Local 3645 held the System Board of Adjustment in CLT.

 An agent from CLT was appealing the dependability points received due to CLT having inclement weather. The Company argued that the company has a no-fault dependability policy and the points were given per their policy. The Union rep argued that this agent was not afforded the chance to get a Company issued hotel because they never received notification from MGT. The MGT did not produce evidence of any hotel notifications gone out to the agents. The agent was fully prepared to report to work but the conditions of the agent’s driveway and roads were hazardous due to layers of ice. The agent presented pictures of those conditions. After reviewing all the facts, the Board ruled to remove the points because the Company had no knowledge or proof of agent being notified of hotel options.

 

An agent from CLT was appealing dependability points received due to CLT having inclement weather. The Company argued that the company has a no-fault dependability policy and the points were given as per their policy. The Company also argued that all agents were given the option of a hotel and presented the email that was sent to all agents with the instructions on how to secure a hotel. The agent did not secure a hotel. The Union rep argued that the agent did not miss work intentionally. The agent was fully prepared to report to work but the conditions of the agent’s driveway and roads were hazardous due to layers of ice. The agent presented pictures of those conditions. After reviewing all the facts, the Board ruled to uphold the points because the agent had an opportunity to get a hotel and chose not to.

 An agent from CLT was appealing dependability points given received due to CLT having inclement weather. The Company argued that the company has a no-fault dependability policy and the points were given as per company policy. The company also argued that all agents were given the option of a hotel and presented the email that was sent to all agents with the instructions on how to secure a hotel. The Union rep argued that the agent did not miss work intentionally. The agent was fully prepared to report to work but the conditions of the agent’s driveway and roads were hazardous due to layers of ice. The agent presented pictures of those conditions. The agent also testified that they could not access the link to secure a hotel, so they went to TMS where they walked the agent through the process and still was not offered a room. After reviewing all the facts, the board deadlocked. The case will be sent to the CWA district 3 representative for review for arbitration.

 An agent from CLT was appealing dependability points received due to CLT having inclement weather. The Company argued that the company has a no-fault dependability policy and the points were given as per their policy. The Company also argued that all agents were given the option of a hotel and presented the email that was sent to all agents with the instructions on how to secure a hotel. The agent did not secure a hotel. The Union rep argued that the agent did not miss work intentionally. The agent was fully prepared to report to work but the conditions of the agent’s driveway and roads were hazardous due to layers of ice. The agent presented pictures of those conditions. After reviewing all the facts, the Board ruled to uphold the points because the agent should have secured a Company issued hotel.

 In Unity,

Donielle – President                                                                                                                                    Darryle Williams PhD– Executive Vice President                                                                                      Douglas Christian – Vice President                                                                                                            Shaquelle Baker – Secretary/Treasurer

 

CWA LOCAL 3645

Date: March 2, 2022                 TO: CWA Local 3645 Members

From: CWA Local 3645          Subject: System Board Hearings

 On March 2, 2022, CWA Local 3645 held the System Board of Adjustment in CLT.

 An agent from CLT was appealing their termination. The Company stated the agent violated section 8(work rules) and 22 (zero tolerance) of the Piedmont Ground Handling Policy and Procedures Manual. The agent was accused of cursing out his co-worker. The Company submitted the agents written statement as evidence where the agent admitted to telling their co-worker to do their own f**king job. The Company also submitted prior discipline where the agent was just disciplined for zero tolerance again in the previous 12 months. Agent testified and admitted that they said a Spanish couple should not come to America without speaking English and they did curse the co-worker out. Agent said they had a bad day. After reviewing all the facts, the Board ruled to uphold the termination,

 An agent from CLT was appealing a level 2 performance write up for failing to report a wheelchair that fell off the belt loader and the wheels and battery came off. The Company testified that the agent just put the wheels and battery back on and delivered the wheelchair to its connecting gate. The Union rep argued the agent placed the wheels and the battery back on because their mom had the same wheelchair and knew it wasn’t broken. The rep also argued that the agent did report it to management immediately after they delivered it to the gate. After testimony, it was discovered that the agent was the only person who reported the wheelchair and the Company would not have been notified if the agent, who was the bag runner, didn’t report it. After reviewing all the facts, the Board ruled to overturn the level 2 and issue agent with a verbal coaching.

 An agent from CLT was appealing a level 3 performance for insubordination. The Company said the agent refused to assist with wheelchairs on an inbound flight, therefore violating the Piedmont Policy and Procedures manual Section 8 work rules. The agent testified that they didn’t say no but they wanted to finish the task they were already doing. After review of all the facts, it was discovered that the agent ultimately completed the assigned task and was not insubordinate. The Board ruled to overturn the level 3.

 An agent from CLT was appealing a level 1 work performance for boarding more passengers than the weight restrictions required. The Company said the agent boarded a non-rev passenger which put the passenger count over the restricted amount. The agent testified that someone else gave the non-rev the seat assignment. After reviewing all the facts, the agent was not the person who gave the non-rev a seat. The agent wasn’t notified until the passenger boarded to realize the passenger count was now over the restricted amount which was prior to flight departure. The Board ruled to reduce level to a coaching.

 An agent from SDF was appealing a level 3 for failing too properly report absences. The Company said the agent failed to call out at least one-hour prior for all absences they had covered by a doctor’s note because the Company expected the agent to continue to call out daily until their rosterapps was updated with the doctor’s note. The Union argued immediately that the Company issued the discipline after the 21-day contractual timeline required by the CBA (Collective Bargaining Agreement). After reviewing the facts, the Company had multiple times during the 21 days to issue discipline when the agent was at work and failed to do so. The Board ruled the write up was not timely. Level 3 was overturned.

 An agent from CLT filed a contract violation grievance for unreasonable denial of vacation. The agent did not bid their vacation weeks during the normal vacation bidding which now means they can only bid their vacation based on the Company’s availability. The Company argued that the agent was requesting weeks that were already full and the Company showed evidence of the already awarded vacation.After reviewing the facts, the Board ruled that the denial of vacation was not unreasonable and the Company did not violate the contract. As such, the grievance was upheld.

 In Unity,

Donielle – President                                                                                                                                    Darryle Williams PhD – Executive Vice President                                                                                      Douglas Christian – Vice President                                                                                                            Shaquelle Baker – Secretary/Treasurer

CWA LOCAL 3645

Date: February 2, 2022  TO: CWA Local 3645 Members

From:  CWA Local 3645   Subject: System Board Hearings

 

On February 2, 2022, CWA Local 3645 held System Board of Appeal in CLT.

An agent from CLT was appealing a contract violation for not being paid holiday pay because they called out FMLA the day before the holiday. The company presented Article 11 section F that outlined when holiday pay would be issued. The company also presented examples including roster apps summary of when multiple agents were not paid holiday pay because they didn’t work the day before or after the holiday. The agent argued that the Contract article 11. F verbiage says “UNLESS” the employee presented proof of illness from a qualified medical examiner or for other reasons submitted (ex. Death in family) and the proof is accepted by the Local management personnel. The agent felt that since FMLA was approved by the Company that the Company basically was accepting their medical reason for absence. The Company then argued that the agent never submitted proof of illness. The agent did not submit proof of illness to the Board neither. They only had proof that FMLA didn’t give them points for the call out. The Board could not find a contract violation with the documents that was presented so they ruled to uphold the denial.

 

An agent from ILM was appealing a level 3 for violating the Zero Tolerance

policy. The agent was accused of making racially insensitive comments while atwork. The agent testified that they made the statements but didn’t know the

comments were insensitive nor did they feel that they were. The company

presented statements from various agents who said they were offended by the

statements. The company presented a corrective with varying dates and also

statements from 3 agents with varying dates which caused confusion about

whether the write up was timely according to the contractual 21-day time period to get a corrective counseling. The Union rep argued that the agent did not know they were violating the Zero Tolerance policy and that they were sorry. The rep also argued that the dates did not match up and that a level 3 was too harsh considering the agent had no prior discipline in their file. After reviewing all the facts, the board deadlocked. This case will go to the CWA District 3 staff rep to be reviewed for arbitration.

 

In Solidarity,

Donielle Prophete – President

Darryle Williams PhD - Executive Vice President Douglas Christian - Vice President

Shaquelle Baker - Secretary /Treasurer CWA Local 3645

CWA LOCAL 3645

Date: December 1, 2021, TO: CWA Local 3645 Members

From:  CWA Local 3645          Subject: System Board Hearings

 

On November 30th, 2021, CWA Local 3645 held System Board of Appeal in CLT. An agent from OAJ was appealing a termination for dependability. The agent had accrued over 30 points and the company presented documents where the agent had been given multiple chances by the management. After reviewing all the facts. The board ruled the termination was justified.

 

An agent from CLT was appealing a termination for dependability. The company argued that the agent had accrued over 30 points. The company presented documents for dependability that contradicted each other with different dependability points. The union argued that the agent had doctors notes that covered some of the points in question. In addition, the agent was offered a last chance agreement during the Step one grievance hearing. After reviewing all the facts, the board ruled to overturn the termination and return the agent back to work.

 

An agent from CLT was grieving a level 1 for a safety violation. The company argued that the agent cut off a plane with their tug. The union argued that the video did not show the plane ever slowing down or stopping as the tug drove past the plane. The video also did not show how close or how far the tug was from the plane. After reviewing all the facts the board ruled to overturn the level 1.

 

An agent from CLT was grieving a level 3 for a seatbelt violation. The company argued the agent was given a seatbelt violation during a safety audit in which the manager approached the agent to inspect if the seatbelt was on . The Union argued that the seat belt was on but could not be seen under the jacked. After reviewing all the facts, the board ruled that the level 3 was justified.

 

A ramp agent from GSP was grieving a level 3 for loading dangerous goods on to a plane. The company argued that the agent should not have loaded the package when they saw the scratched-out markings on the package. The Union argued that package had a bag tag on it which was placed there by the ticket counter agent.  The ticket agent had let the passenger reuse a box without properly removing all the marking.  The ramp agent saw the marking and felt the package to see if it felt hot or cold or if it was hissing or otherwise showing signs of a dangerous good. The package did not and since it had a bag tag on it the agent scanned the package and loaded it. After reviewing all the facts, the board to remove the level 3.

 

Another ramp agent from GSP was grieving a level 3 for loading dangerous goods on to a plane. The company argued that the agent should not have loaded the package when they saw the scratched-out markings on the package. The Union argued that package had a bag tag on it which was placed there by the ticket counter agent.  The ticket agent had let the passenger reuse a box without properly removing all the marking.  The ramp agent saw the marking and felt the package to see if it felt hot or cold or if it was hissing or otherwise showing signs of a dangerous good. The package did not and since it had a bag tag on it the agent scanned the package and loaded it. After reviewing all the facts, the board to remove the level 3.

 

An agent from GSP was grieving a level 3 for aircraft damage.  The company argued that the agent parked the jet bridge incorrectly and had to be moved by a manager who caused the damage. The union argued the agent had deplaned a whole flight and the manager verified that there was not damage prior to them moving the jet bridge. The agent never touched the jet bridge after the inbound flight so they could not have caused any damage. After reviewing all the facts, the board ruled to reduce the level 3 to a coaching with jet bridge OJT.

 

President Donielle Prophete – President

Darryle Williams PhD - Executive Vice President Douglas Christian - Vice President

Shaquelle Baker - Secretary /Treasurer CWA Local 3645