As most of you are aware, we are either in negotiations or getting ready to enter negotiations at our represented carriers. When language is written in negotiations, the intent of the language and how it is applied and practiced is crucial.  We now need to be aware of and concerned as the companies have decided to reinterpret past negotiated written language. They no longer interpret the language the same way we do, which gives us only one option - to grieve these disputes. As we go through the grievance procedure and cannot come to an agreement on the intent of the language with our carriers, our next course of action as defined in our agreements is to submit the grievance for arbitration.

Why and what is arbitration?

Arbitration is a process negotiated in all of our agreements at our represented carriers. This language calls for the mandatory use of arbitration to resolve disputes.  It is a well-established and widely used means to end disputes in our industry. Unlike litigation, arbitration takes place outside of court. Arbitration is usually faster, cheaper, and more confidential than litigated cases in court: faster in the fact that disputes can be addressed and rulings given in a timelier manner than in a traditional court processes; cheaper in that arbitration usually has a quicker timetable and is less involved than lawsuits in court and the court system; and more confidential in that arbitration hearings are private, while court cases are usually public.

The union and the company alternate selection of an impartial third-party, known as an arbitrator. Arbitrators are often retired judges or practicing attorneys. The union uses our legal group to research arbitrators and submits names to the Airline Representative (ALR) for selection when a case arises. When a case comes up for arbitration, the arbitrator selected will give dates of availability, and the ALR will normally select the closest date available. The location of the arbitration hearing is usually at the home base of the carrier, or in cases of terminations at the terminated member’s station.

The union and the company have the opportunity to present their version of the dispute at the hearing, usually with a brief opening statement, bolstered by evidence such as the contract and other applicable documentation.  Witnesses may also be called to testify and be questioned and cross-examined. In some cases, both sides may then give closing arguments during which they summarize the evidence and explain how it relates to the individual case and further explain why the arbitrator should rule in their favor. In most cases, arbitrators encourage both sides to submit written post hearing briefs that layout the evidence and reason the arbitrator should rule in their favor. A typical arbitration hearing will last one or more consecutive days and sometimes breaks for recess before reconvening days or weeks later for the conclusion of evidence.

When an arbitrator considers their decision, they first examine the particular contract language to see if it is clear on its face value as written, but that is not usually the case in our disputes. The arbitrator will then have to determine the intent of the language the parties had included in the collective bargaining agreement. If through the evidence in the case the intent is clear to the arbitrator, he/she will interpret the words and give them the meaning they believe was intended. This is done during the hearing and briefs portion, which shows bargaining history, prior settlements, past practice, and sometimes industry practices.

In the end, let me caution you that arbitrators are free to base their decisions on their own ideas of what they see as fair and just. Unlike judges in court proceedings, they are not required to follow the law or the reasoning of earlier case decisions. Most will submit their decisions in writing, sometimes as simple statements of who won and how much is due to the grievant. The decision in writing is usually accompanied with an explanation and their rationale of the reasoning, ranging in length from a few to dozen of pages. While the goal of arbitration is to get disputes resolved quickly, arbitrators operate under widely varying deadlines which could be ten days to six months. Arbitration decisions in our agreements are binding, and it is very tough to get a court to review or vacate them. Generally an arbitrator’s decision can only be appealed if there is proof that the arbitrator is corrupt, or there was fraud, or undue influence was used to secure the award by either side.

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