System Board results

Date: June 6 2019   TO: CWA Local 3645 Members

From:  CWA Local 3645   Subject: System Board Hearings   

On June 6th, 2019 CWA Local 3645 held System Board of Appeal in CLT.  

An agent from CLT was appealing a termination for work performance – for not completing the FAA mandated Dangerous Goods learning hub by the March 31st deadline. After reviewing all the facts. The agent was on a medical leave of absence. Agent was called in and terminated while on leave of absence. The board unanimously determined that the company terminated the agent without just cause because according to the policy & procedures policy, section 5 – required learning path training – courses must be taken within the quarter in which they are assigned (with the exception of new hire employees or employees returning from leave of absence). The termination was overturned without backpay. The reason the agent did not receive backpay was because they were on leave and was not missing pay.

 

An agent from CLT was appealing a level 1 for work performance – seat belt violation. After reviewing all the facts, the board unanimously determined the company did not present evidence that supported the violation of the seatbelt compliance. The level 1 was removed.

An Agent from CLT was appealing a termination for work performance – for not completing the FAA mandated Dangerous Goods learning hub by the March 31st deadline. After reviewing all the facts, the agent had multiple repeated work performance violations. The board determined that the agent was given numerous opportunities to correct the behavior and the agent failed to do so. The termination was upheld.

An Agent from CLT was appealing a termination for work performance – for not completing the FAA mandated Dangerous Goods learning hub by the March 31st deadline.  After reviewing the facts, the board determined that the Company shared some of the responsibility in the agent’s non-completion of the learning hubs because both parties admitted that the agent asked to do the learning hubs while at work and was denied, as well as the agent left early on some nights where they could have stayed until their out time to complete while at work. For this reason, the termination was overturned with no back pay and any learning hub infractions to occur in the next 6 months would constitute an immediate termination.

An agent from CLT was appealing a level 3 and 6 points assigned for a two-day dependability call out. After reviewing all the facts, the agent applied for FMLA to cover the points but was denied FMLA. In light of the denial, the Board determined the company followed their documented policy on dependability. The level 3 and dependability points were upheld.

In Solidarity,

Anthony Barden - President CWA Local 3645                                                                                                            Darryle Williams PHD - Executive Vice President CWA Local 3645                                                                                    Donielle Prophete - Vice President CWA Local 3645                                                                                                            Shaquelle Baker - Secretary /Treasurer CWA Local 3645 

Date: May 29 2019   TO: CWA Local 3645 Members

From:  CWA Local 3645   Subject: System Board Hearings   

On May 29th, 2019 CWA Local 3645 held the System Board of Appeal in CLT.  

An agent from CLT was appealing a termination for work performance – for not completing the FAA mandated Dangerous Goods learning hub by the March 31st deadline. After reviewing all the facts, the agent was already on three level 3 performance finals when they received the non-compliance corrective. The Company was able to prove the agent was give multiple opportunities to correct their behavior before deciding to terminate. The board ruled the termination would be upheld. Agent was called in and terminated while on leave of absence. The board unanimously determined that the company terminated the agent without just cause because according to the policy & procedures policy, section 5 – required learning path training – courses must be taken within the quarter in which they are assigned (with the exception of new hire employees or employees returning from leave of absence). The termination was overturned without backpay. The reason the agent did not receive backpay was because they were on leave and was not missing pay.

 

An agent from CLT was appealing a termination for work performance – for not completing the FAA mandated Dangerous Goods learning hub by the March 31st deadline. After reviewing all the facts, the Company presented documents that proved progressive discipline but the Union’s argument was the company had given other agents multiple opportunities to correct their behavior, meanwhile this tenured agent was not given the same amount of chances as his/her peers. The Board deadlocked on a decision because it appeared to be favoritism from the Company on what agents were given more chances than others. The Unions position is to be consistent with discipline in an effort to prevent the look of favoritism.  This decision will be sent to the CWA Staff Rep for arbitration consideration.

An agent from CLT was appealing a termination for work performance – for not completing the FAA mandated Dangerous Goods learning hub by the March 31st deadline. The Company claimed they terminated the agent based on progressive discipline. The agent had an automatic level 3 from a tug/aircraft accident and that was it. The Union’s argument was the Company had shown discipline for the previous agents that resulted in multiple level 3’s, but this agent wasn’t afforded a second chance after this being their first time defaulting on the learning hub. The Board unanimously ruled that although the agent did have a level 3, the Company had already showed the practice of giving the two previous agents multiple opportunities to correct their behavior. The termination was overturned. Agent will be reinstated without backpay.

An Agent from CLT was appealing a termination for a failed drug test. After reviewing all the facts, the agent had under 5 years of service so only the issue of whether the employee engaged in the alleged misconduct took place could be considered (CBA- Article 20, E). The Board ruled to uphold the termination.

An Agent from CLT was appealing a termination for work performance – for not completing the FAA mandated Dangerous Goods learning hub by the March 31st deadline.  The Company said they followed progressive discipline because the agent already had a level 3. However, the agent was on a documented leave of absence until April 4. The first day back, the agent completed the learning hub but was later terminated for non-completion by the 31st.  After reviewing all the facts, the board unanimously determined that the company terminated the agent without just cause because according to the policy & procedures policy, section 5 – required learning path training – courses must be taken within the quarter in which they are assigned (with the exception of new hire employees or employees returning from leave of absence). The termination was overturned and the employee will receive full back pay.

An agent from CLT was appealing a level 2, work performance, for failure to pack a checked animal in the cargo bin correctly. The agent said they did pack it correctly and the Company said it was reported that a bag was on top of the animal.  After reviewing all the facts, the agent said the bag might have fallen while in transport. The Company admitted that it was a possibility that the bag could have fallen but because the out station reported it, they felt they had to write the agent up. The Board ruled that there was no sure-fire way to prove that the bag couldn’t have fallen, so the Company should have used this as a learning opportunity and coached the agent. The level 2 was reduced to a coaching.

An agent in CLT was appealing a level 1 they received for damaging a scanner. The agent was loading carry-on luggage and the scanner fell off of their wrist and hit the grown.  The Board ruled that the agent was doing their job and using the scanner exactly how it was supposed to be used and should not be penalized for the strap breaking. All parties agreed the agent was not horse playing or acting negligent with the scanner. The level 1 was removed

An agent from CLT was appealing their termination for work performance – for not completing the FAA mandated Dangerous Goods learning hub by the March 31st deadline. The Company provided evidence of progressive discipline and the agents representative stated the agent just wanted their job back.  After review of the facts, the Board ruled to uphold the termination.

 

 

In Solidarity,

Anthony Barden - President CWA Local 3645                                                                                                                      Darryle Williams PHD - Executive Vice President CWA Local 3645                                                                                Donielle Prophete - Vice President CWA Local 3645                                                                                                  Shaquelle Baker - Secretary /Treasurer CWA Local 3645 

Date: May 21 2019   TO: CWA Local 3645 Members

From:  CWA Local 3645   Subject: System Board Hearings   

 On May 8th, 2019 CWA Local 3645 held System Board of Appeal in CLT.  

An agent from CLT was appealing a Level 3 for work performance. After reviewing all the facts. The board determined that the company presented enough evidence that showed progressive discipline was followed and the level 3 was given appropriately.

 

An agent from CLT was appealing a Level 1 for work performance. After reviewing all the facts. The board determined that the company presented enough evidence that showed progressive discipline was followed and the level 1 was given appropriately.

 

An agent from CLT was appealing a Level 1 for work performance. After reviewing all the facts. The board determined that the company presented enough evidence that showed progressive discipline was followed and the level 1 was given appropriately.

 

An agent from CLT was appealing a Level 1 for work performance. After reviewing all the facts. The board determined that the company did not present enough evidence that showed the level 1 was justified the level 1 was removed.

 

An agent from CLT was appealing a Coaching for work performance. After reviewing all the facts. The board determined that the company presented enough evidence that showed the coaching was given appropriately.

 

An agent from CLT was appealing a Termination for work performance. After reviewing all the facts, the board determined the company followed progressive discipline. Termination was upheld.

In Solidarity,

Anthony Barden - President CWA Local 3645                                                                                                          Darryle Williams PhD - Executive Vice President CWA Local 3645                                                                                Donielle Prophete  - Vice President CWA Local 3645                                                                                                          Shaquelle Baker - Secretary /Treasurer  CWA Local 3645 

Date: March 31 2019   TO: CWA Local 3645 Members

From:  CWA Local 3645   Subject: System Board Hearings   

                                                                    

On March 27th, 2019 CWA Local 3645 held System Board of Appeal in CLT.  

An agent from CLT was appealing a Level 2 for work performance. After reviewing all the facts. The board determined that the level 2 was excessive and reduced the level 2 to a level 1.

 

An agent from CLT was appealing a Termination for work performance. After reviewing all the facts, the board determined the company followed progressive discipline. The company also showed that this agent was given multiple opportunities to avoid termination. The termination was upheld.

An Agent from CLT was appealing a level 2 for work. After reviewing all the facts, the board determined that the agent was given a repeat level 2 which was no progression in discipline. Repeat level 2 was upheld.

An agent from CLT was appealing a level 1 for work performance. After reviewing all the facts. The board determined the company did present evidence which that supported the level 1. The level 1 was upheld.

An agent from CLT was appealing a level 2 for work performance. After reviewing all the facts. The Board determined the Level 2 was excessive and the  level 2 was reduced to a level 1.

In Solidarity,

Anthony Barden - President CWA Local 3645                                                                                                                Darryle Williams PhD - Executive Vice President CWA Local 3645                                                                                  Donielle Prophete  - Vice President CWA Local 3645                                                                                            Shaquelle Baker - Secretary /Treasurer  CWA Local 3645