MEC 9-19 Decision – Misapplication of Contract Language in Section 7.R.4.
June 3, 2020
In September of 2019, the Union filed an MEC Grievance disputing the Company’s misapplication of Section 7.R.4 of the Contract. The case was presented before the System Board of Adjustment and we have received the final ruling from the System Board of Adjustment denying the grievance.
The dispute arose when a Flight Attendant on a pairing that encountered an operational delay which infringed on the Flight Attendant’s day off, the Company was not restoring the Flight Attendant’s day off. The Company’s position was that restoration of day off in the case of an operational delay would only apply if it infringed on one of the Flight Attendant’s minimum days off.
The System Board of Adjustment, by the decision of a neutral Arbitrator, ruled that the new language of Section 7.R.4 of the Joint Agreement was clear and unambiguous, that a Flight Attendant would only be entitled to a restoration of a day off if the infringement of the day off caused them to fall below their minimum days off as defined in Section 6.Q. In addition, the System Board found that the intent of the parties was determined through language that they mutually chose, not through bargaining history or a prior practice.
This decision does not alter any other application of Section 7.R. as it relates to restoration of day off due to a reassignment pursuant to Section 7.Q.
Please contact your Local Council Office if you have questions.