Grievance Committee Update (LOA 93): October 31, 2011
This update is designed to inform the pilot group regarding the current status of Grievance LOA 93. We wish to start by unequivocally stating that at the time of writing we have not received either a decision or any form of indication as to how the Arbitrator will rule in this case. The countless rumors that have been spread in relation to this case are completely without merit and amount to pure fabrication. The high profile nature of this case has triggered many avenues for speculation and misinformation that have been falsely attributed to "sources in the know." We are aware that this misinformation has ranged from statements that the decision has already been received through to the nature of that decision. All of these rumors are false and we ask that you ignore all of these sources of misinformation. When there is definitive news then it will be released by the Union's Grievance Committee, and in the meantime, all other sources of information should be disregarded.
It is not our normal practice to discuss the work of our System Boards until a final decision has been reached, but the heightened interest generated by this case has prompted us to release this status update. Closing Briefs have now been submitted to the Arbitrator for over a year but, although this may seem a long time, those Briefs were predicated on hundreds of pages of exhibits and hearing transcript, all of which the Arbitrator will need to review in order to reach a balanced decision. There has recently been a brief telephone call between the Board Members and the Arbitrator during which minor factual matters were discussed, but there was no discussion of any issues relating directly to the final decision.
It is not uncommon for arbitrators to take many months to issue a decision in cases with a considerably smaller evidentiary record and with a considerably less far-reaching impact than LOA 93. As we have previously reported, the Railway Labor Act does not contain a definitive time requirement between arbitration hearing and the ultimate decision. Once a dispute has been properly submitted to the Arbitrator, he or she has complete administrative control over issues such as scheduling and the time that elapses after the hearing and before the final decision is rendered. Prior to the issuance of the final decision, a draft decision will be released to the System Board Members (Union and Company). At that stage, either Party has the option of requesting an Executive Session. Executive Sessions may be conducted either telephonically or in person and they enable the Parties to ensure that their respective positions are fully examined and considered in the final decision.
There is no doubt that once a draft decision is received in the current case at least one of the Parties, and possibly both Parties, will request an Executive Session. It is only after the Arbitrator has heard and considered what the Parties have to say in that Executive Session that he will render the final decision.
We are aware that this is a case that has generated unprecedented interest and that our pilots are keen to be kept apprised of all developments. We understand the significance of this case to the pilot group and we will disseminate any information, good or bad, in as timely a fashion as the protocols of this process permit. Any perceived silence on the matter is either because there are no developments to report, or because the System Board Members are bound to honor the requirement of confidentiality during the normal procedural stages. Pending the Arbitrator's final decision and his formal release of the Parties from the confidential process, the Board Members will be prohibited from discussing the draft decision and prohibited from even suggesting that a decision may have been reached at that stage. The Grievance Committee and the Union Board Members are committed to respecting the integrity of this process in order to ensure that draft decisions are subject to correction and in order to ensure the Union's continued credibility before the arbitrators who are utilized on this property.
We are all eager to have this case resolved and we understand the importance of the issue to the pilot group. Regardless of the outcome, the Grievance Committee and the Union leadership are committed to informing you of developments at the earliest opportunity.
