APPENDIX A LETTER-III January 29, 1994

Ms. Denise Hedges
President
Association of Professional
Flight Attendants
1004 W. Euless Blvd.
Euless, Texas 76040-5018

Dear Denise:

During the course of the negotiations that led to the Agreement effective March 23, 1994,the subject of documents provided to a Flight Attendant during an investigatory meeting was discussed and agreed to.

It was agreed that in meetings held for the purpose of investigation of any matter which may eventuate in discipline or dismissal, or when written statements are taken relating to such matters, or in meetings of sufficient importance for the Company to have witnesses, or more than one (1) Company supervisor present, the Company will provide the Flight Attendant with copies of all documents related to that meeting. The Flight Attendant will be permitted to review the documents before the meeting begins. If the Flight Attendant requests union representation, s/he will be permitted to confer privately with such representative before the meeting begins. Such conference will not normally exceed fifteen (15) minutes, but in no case will such conference unreasonably delay the meeting. Once the meeting begins, such meeting will continue uninterrupted.

For confidentiality purposes, all names and other identifying information may be expunged from any documents provided by the Company, at the Company's option. In any investigation involving alleged harassment, such as sexual, racial, religious, etc., the contents of the documents will be typed in their entirety and provided to the Flight Attendant, except that names and all other identifying information will be expunged for confidentiality purposes.

This Letter of Agreement shall become effective upon ratification of the Collective Bargaining Agreement referenced herein, and run concurrently with it, subject to the Company's right to revoke for alleged abuse by APFA. The Company agrees not to invoke this right of revocation during the period from the date of ratification to the end of the first six (6) months following the completion of the joint Alternative Dispute Resolution/Conflict Resolution training described in a separate Letter of Agreement dated January 29, 1994, which is attached hereto for reference purposes. For purposes of computing the six (6) month period described above, the six (6) months will be calculated from the beginning of the contractual month next following the month in which the joint training has been completed.

Should the Company elect to exercise its right to revoke this Letter of Agreement, the following shall apply:

Appendix A, Letter III

195

	a.	The Vice President of Employee Relations shall notify the President of APFA, in writing, thirty (30) days in advance of its intent to revoke the provisions of this Letter of Agreement.
	b.	Within ten (10) days following receipt of notice, the President of APFA may request a meeting with the Vice President of Employee Relations for the purpose of reviewing the Company's proposed revocation, and the APFA's response to the allegation(s), including measures proposed and/or implemented by APFA to remedy the situation. At such meeting, the Vice President of Employee Relations shall disclose to the President of APFA the names of individuals upon whom any allegations of abuse are based.
	c.	A review meeting between the Vice President of Employee Relations and the President of APFA will be held within ten (10) days following the Company's receipt of APFA's request to meet.
	d.	Within ten (10) days after the review meeting is held, the Vice President of Employee Relations will notify the President of APFA of the Company's written decision to adopt the resolution reached in the review meeting or proceed with the revocation.
	e.	Should the Company proceed with revocation, and APFA protests the revocation, the procedures governing the filing of a Presidential Grievance shall apply. In such cases, the Presidential Grievance filed in opposition to the Company's revocation of this Letter shall constitute APFA's request for arbitration and shall negate any requirement for a pre-arbitration conference. Within forty-five (45) days of APFA's request for arbitration, the parties shall agree upon an arbitrator and an arbitration hearing date. The scheduled hearing date may be inside or outside of such forty-five (45) day time limit. Until such time as a decision to the Presidential Grievance is rendered, this Letter of Agreement will remain revoked.
	f.	In such arbitration cases, the following shall apply: 1) Such hearings shall be conducted in a manner similar to other hearings of a sensitive nature, including the sequestering of witnesses and the excluding of observers. 2) Any transcript taken at the hearing shall only be distributed to System Board members and counsel for APFA and counsel for the Company. 3) The distribution of the witness list in such cases shall be limited to APFA counsel and to Company counsel and to those APFA and Company representatives who will present the case. 4) The standard of proof shall be the preponderance of the evidence. 5) In addition, in the case of allegations of abuse involving employee or passenger harassment, the parties recognize that the nature of such allegations may create situations in which witnesses are unwilling to testify. Therefore, the parties agree that should a witness who has been allegedly harassed be unwilling to testify, hearsay evidence regarding the alleged harassment shall be admitted at the revocation hearing and shall be accorded appropriate evidentiary weight without any adverse inference based on the unwillingness of the witness to testify. This provision shall not apply unless the Company or the APFA, as applicable, sends a letter, certified mail, return receipt requested, to that party's potential witness who has been allegedly harassed, requesting his/her presence at the hearing as a witness and that potential witness refuses to testify or fails to respond. All letters pursuant to this paragraph shall be included in the document exchange as provided for in Article 29.P.

Appendix A, Letter III

196

The Company and APFA agree to meet no less than two (2) times during the first six (6) months following the completion of joint training to evaluate the progress of the new procedures.

Very truly yours, Jane G. Allen Vice President Employee Relations

Agreed to this date: January 29, 1994
Denise Hedges, President
APFA