If its not spelled out in your CBA, it falls under management rights, and the company has the right to run their business and establish policies and procedures as long as they are not in conflict with the CBA.
And why I have questioned the abilities of both Canale's followers and the ND Team... neither side picked-up on this glaring shortcoming in the CBA whereby Management could insert their own attendance policy, regardless of its Draconian nature. I have personally been involved with multi-million dollar contracts, and as sure as a manager loves to issue Level 3 warnings, I had some good attorneys review the If's, And's, But's, & Whereas' of any agreement. Begs the question... where were the Membership's expert advisors? Now before the New Direction cohorts break their ankles jumping off my soap box while I rant, I don't recall ANY of them either in person or on the board ever mentioning one word about the open attendance policy. Our attorneys who reviewed the TA should have been sued for legal malpractice in their negligence and failure to hold to their fiduciary responsiblities... I'll see that happen about the same time as I get retro pay in the new contract back to my America West days.
We deserve better. We pay our dues in order to obtain expert legal and financial advisors which would be impractically expensive for just one of us to afford on our own. Based upon what I have seen with both groups, NEITHER side is qualified to handle the task at hand, especially with an EC full of uneducated nepotistic backslappers. We would be better off scouring our ranks in search for FS members who are experienced in law, finance, economics, management, operations, etc. but have taken this job in semi-retirement and would be willing not to be the final word, but to ask right questions to be passed onto the experts... they are out there.. just a matter of our locals Little Napoleons who are not just willing to hear, but to listen the advice of others.
Finally, Jester's CBA Wish List:
I. Scope
II. Attendance Policy
III. DOH recognized in potential merger
Let me just add one idea in what SWA does with their Attendance Policy, as I understand the matter. My attendance has been very good over the several years I have worked with America West and US Airways, and I am not on a level. What I did in past years benefits me none in the present. If Level 0 is the lowest level, why cannot we get a less than 0 level which recognizes the years of very good attendance instead? For example, have a Level -3 would recognize three years not advancing a Level. If for some reason one would be having particularly a bad year in terms of illness, my proposal would recognize usually reliable employee based upon prior years strong attendance without having to overly punish that employee for some recent string of bad luck.
So Advances Jester.