SECTION 5   SYSTEM BOARD OF ADJUSTMENT

A.        In compliance with Section 204, Title II of the Railway Labor Act, as amended, there is hereby established a System Board of Adjustment for the purpose of adjusting and deciding disputes which may arise under the terms of this Agreement and which are properly submitted to it.  Such Board will be known as the Air Wisconsin Flight Attendant's System Board of Adjustment.

B.         The Board will consist of three (3) members: one (1) appointed by the Company, one (1) appointed by the Union, and one (1) neutral member.

C.        The Board shall have jurisdiction over disputes which arise out of grievances or out of interpretation or application of any of the terms of this Agreement.  The jurisdiction of the Board shall not extend to proposed changes in hours of employment, rates of compensation, or working conditions covered by existing agreements between the parties.

D.        The Board shall consider any dispute properly submitted to it by the Union or the Company which has not previously been settled in accordance with the provisions of the grievance procedure.

E.         The neutral member of the Board will preside at the hearings of the Board and will be designated as Chairman.  The responsibility of the Chairman is to set a mutually agreeable date for hearing and to guide the parties in the presentation of testimony, exhibits and argument at hearings.  A majority of the Board will have the right to call witnesses to the end that a fair, prompt and orderly hearing is afforded.  The Board will meet in the city where the general offices of the Company are maintained unless a different place is agreed upon by the Board.

F.         All disputes properly submitted to the Board must be in writing, with copies to the parties, and must be submitted within thirty (30) days after receipt of the final decision in the last step of the Grievance Procedure.  The submission to the Board must include:

            1.  Question or questions at issue;

            2.  Statement of facts;

            3.  Position of the Flight Attendant or Flight Attendants; and

            4.  Position of the Company.

G.        Upon the filing of a submission with the Board, the Company and the Union will, within thirty (30) days, attempt to agree upon the selection of a neutral member.  If no agreement can be reached, the Union will request a list of five (5) proposed neutrals from the National Mediation Board.  After receipt of the list from the National Mediation Board, each party will alternately strike a name from the list until one name remains who will be designated as the neutral Board member.  This process will be completed within thirty (30) days after receiving the list from the National Mediation Board. 

H.        A majority vote of the members of the Board shall be competent to reach a decision.  Decisions of the Board properly referable to it shall be final and binding.

I.          General

            1.         The expenses and reasonable compensation of the neutral member will be borne equally by the parties.  Each of the parties will assume the compensation, travel expenses, and other expenses of the Board member selected by it and witnesses called by it.  Board members and witnesses who are employees of the Company will be granted free transportation over the lines of the Company from the point of duty or assignment to the point at which they must appear as witnesses and return, to the extent permitted by law.

            2.         Each Board member will be free to discharge their duty in an independent manner, without fear that their relations with the Company or the Union may be affected in any manner by any action taken by them in good faith in their capacity as a Board member.

            3.         Evidence may be presented either orally, in writing, or both.

            4.         Flight Attendants and the Company shall have the right to be represented at Board hearings by such persons as they may choose or designate.

            5.         The System Board shall maintain a complete record of all matters submitted to it for consideration.

            6.         When it is mutually agreed that a stenographic report is to be taken of any hearing, the cost will be borne equally by both parties to the dispute.  In the event it is not mutually agreed that a stenographic report of proceedings will be taken, any transcript made by either of the parties shall be furnished to the other party upon request, provided that the cost of such written record so requested shall be borne equally by both parties to the dispute.

            7.         Nothing herein shall be constricted to limit, restrict or abridge the rights or privileges accorded either to the employee or to the company, or to her duty accredited representatives, under the provisions of the Railway Labor Act, as amended.