Fighting the Good Fight: Pilot Representatives Learn the Grievance Process

ALPA’s Grievance Training Seminar

Pilot disputes can arise from a variety of situations, including violations of a collective bargaining agreement or past practices, as well as disciplinary actions initiated by the airline. The union’s annual Grievance Training Seminar features informative, interactive discussions and group exercises to guide attendees through scenarios they could potentially encounter during their tenure as grievance volunteers.

Nearly 30 ALPA pilot volunteers from both Canada and the United States assembled at the Association’s McLean, Va., headquarters February 17–19 for this annual event. The three-day conference was moderated by Capt. Phil DiCostanzo (United), who chairs the ALPA President’s Grievance Committee, and Jeff Loesel, managing attorney for collective bargaining and dispute resolution in the Association’s Representation Department.

Presentations throughout the conference covered a wide range of issues that Grievance Committee volunteers commonly encounter and the tools available to conduct their work.

Art Luby, the union’s senior advisor and chief negotiator, explained the different stages of a grievance and considerations for processing grievances in each scenario. He remarked that this kind of workplace dispute resolution is exclusive to organized labor, adding, “There’s no independent right to file a grievance without a contract.”

Arbitration and Mediation

Carl Wosmek, an ALPA senior labor relations counsel, and F/O Mark Hinczynski (Delta), his pilot group’s Contract Administration Committee chair, provided an overview of the arbitration process and the general rules to be followed. Arbitration is an option for dispute resolution in which an impartial “third party” reviews both sides of a disagreement and issues a decision that’s final and binding.

Marty Welles, an Association senior labor relations counsel, led a discussion about mediation as an alternative to arbitration. Mediators are requested by either the airline or the union to facilitate negotiations and are assigned by the National Mediation Board in the United States and the Canada Industrial Relations Board in Canada. “Mediation allows you to invite a third party to help solve your problem—it’s diplomacy as opposed to war,” Welles observed.

Investigatory Meetings and Discipline

Representing pilots in investigatory meetings and disciplinary cases is another important aspect of Grievance Committee work, and DiCostanzo and John Hanson, an ALPA senior labor relations counsel, presented multiple training segments to help volunteers better understand this process and the dynamics involved.

Final disciplinary action often results in discharge, unpaid suspension, or a written reprimand. A pilot’s rights regarding an investigation for potential disciplinary action are outlined in the collective agreement, alongside any limitations on any actions the company can take against the pilot.

The Importance of Contract Enforcement and Education

Loesel also moderated a panel discussion that emphasized the importance of prioritizing contract enforcement and education in each pilot group’s strategic plan. He noted the need to be familiar with the sections of the contract that are being violated and how the use of a comprehensive strategic plan enables the pilot group’s master executive council to operate with greater discipline and efficiency.

Panelists Capt. Ronan O’Donoghue (Alaska), the union’s Strategic Preparedness & Strike Committee chair; Capt. Phil Otis (United), the Association’s Collective Bargaining Committee chair; and Capt. Eric Boyko (Frontier), his pilot group’s Grievance Committee chair, underscored the importance of using a strategic plan to ensure pilot committees are working together and not against each other. “Everything is connected,” Otis commented, adding, “If your Hotel Committee is facing issues, it will likely affect what the Grievance Committee does.”

Walking Through Grievance Scenarios

In addition to presentations and discussions, the bulk of the seminar featured daily simulations and exercises. On the first day, pilots were presented with a theoretical grievance and asked to highlight the facts that were pertinent to the case, identify the research needed to be conducted to substantiate the potential contract violation, and determine what a suitable remedy could be.

During the second day, seminar attendees participated in mock grievance hearings, and on the final day, they were asked to review a list of hypothetical grievances to determine how they should be prioritized and what dispute-resolution mechanism—including the use of arbitration or mediation—should be applied to best address the unique aspects of the case. Following each exercise, participants reconvened for a debriefing to share experiences and highlight best practices.

Loesel stressed the importance of the Association’s dispute-resolution efforts, remarking, “Our contracts are only as good as our ability to enforce them.” With the tools presented during the Grievance Training Seminar, more ALPA volunteers are ready to take on that challenge.