Dispute Resolution Policy
Revised Mar. 5, 2013 - Printable version


Two of our core values are People and Trust. ABX is dedicated to promoting a workplace where employees can express their concerns in an open forum. The company also believes that each employee should be shown the respect of being listened to and have a fair decision made based on facts. All employees are encouraged to speak to each level of management in their chain of command to understand why a decision was made. It is entirely possible that an employee may not like a decision but every employee has the right to understand why a decision was made. Through our Open Door practice, we strive to give each employee the voice to have their side heard and the freedom of having issues reviewed for accuracy. The Dispute Resolution Policy is an internal process designed to provide employees with a complete and impartial process to attempt to resolve work-related conflicts when they believe an informal review by management is still unresolved. Nothing in this policy is intended to alter the at-will status of employment with the company (for any employees not covered under a CBA).

Core Requirements
The Dispute Resolution Policy is intended to provide an avenue for resolving issues regarding your job, management, and policies, or in some cases about other employees, with the assurance that no reprisals will result from doing so.

The concerns and issues of every employee are important to the management of this company and should be resolved as quickly as possible. For that reason, time limits have been established within this policy to ensure swift conclusion.

The company encourages you to resolve your concerns utilizing the Open Door policy (communicating with each level of your chain of command) prior to using the formal avenue of the Dispute Resolution Process.

In the Peer Review process, a three-member panel of ABX employees (one of which must be a member of management) will review disputes based on fairness, consistency, employment history and make a recommendation whether to overturn, uphold or modify the issue.

All decisions made through the Dispute Resolution Procedure must be in accordance with ABX policy. A request to overturn or modify a policy cannot be granted.

Not every issue encountered can be resolved through the Dispute Resolution Procedure. Issues with regard to performance appraisals will be heard only through the department’s levels of management. Many of ABX’s benefit provisions, such as health care and workers’ compensation claims; have specific appeal processes for those benefits. Human Resources will help advise the appropriate procedure for specific issues.

The Dispute Resolution Procedure is an internal process, and participation by non-ABX employees is prohibited.

Human Resources Role & Responsibility
Human Resources will maintain a complete file of all formal disputes. This file will not be included in a personnel record but maintained separately.

During Peer Review, Human Resources will facilitate your random selection of the panel, set up meetings, gather and prepare the packets of relevant information, call in witnesses and be present at all panel hearings to advise the panel on policies, procedures, and precedents.

Human Resources will expedite the process adhering to set timelines and if need be communicate and record any variance from the process.

Human Resources will facilitate the communication between the Peer Panel, the highest ranking member of Human Resources and the employee requesting the Dispute Process.

Peer Review Panel Selection & Responsibilities
At all times during the Peer Review process, both in training and while serving on the Peer Review panel, members should exhibit objectivity and promote a positive attitude.

Volunteer Candidates
Peer Review panel candidate selection is made from a pool of volunteers consisting of managers and non-managers. To participate on the Peer Review panel, employees first must be recommended by their management and meet the following criteria:
bulletBe a full- or part-time regular employee
bulletBe an employee for one year or more
bulletHave a performance rating of very good or higher
bulletComplete Peer Review training; and
bulletSign a confidentiality agreement
The Director of Human Resources or above then will interview each prospective panel member and make a final decision as to whether the candidate may serve on a Review panel.

Peer Review Training
Once the Peer Review volunteers have been identified, training will be a core requirement. Areas to be covered in the training sessions are the corrective action process, confidentiality, the Peer Review process, the voting process, and the role of Human Resources. The rules of Peer Review are: legal considerations, precedents, your right to privacy and confidentiality, the importance of focusing on what’s right, and understanding that ABX policy is paramount (even if the panel dislikes a policy or rule). The panel cannot rule in favor of an employee if the decision violates ABX policy. Training focuses on developing critical skills for the role, including communication, group dynamics, and conflict management.

Employees who serve on a Peer Review panel will be exposed to extremely sensitive and personal information. They must keep this information confidential. Any discussion of this information outside the panel will result in immediate removal from the panel and possibly termination of employment.

Dispute Resolution Process: Peer Review
If you wish to use the Dispute Resolution Process, you must inform Human Resources within five (5) business days of your last discussion with management regarding your issue, but no later than 30 (thirty) calendar days from the event or decision in dispute. You should submit your concern in writing on the Dispute Resolution Form to Human Resources within five (5) business days of receiving the form.

The employee who has asked for his dispute to be reviewed will select four (4) names from the pool of candidates, one (1) management and two (2) non-management and one alternate. The panel must contain at least one (1) member of management and must not include a relative or co-worker you feel cannot be objective.

Within ten (10) business days of receiving your dispute and request for Peer Review, a meeting will be held with the Peer Review Panel. A member of Human Resources will facilitate the process and serve as an advisor (with no voting rights) to both you and the panel. The Coordinator will arrange for all relevant materials and witnesses to attend the Review. The panel will interview you and the Supervisor or Manager. If necessary, they also may interview additional people with relevant information. The panel then will conduct a secret ballot to determine the majority opinion. Each panel member will have equal voting rights in casting a vote on the dispute under review. All decisions must be by a majority vote. Once the majority of the Peer Review panel has made a decision, no member of the panel is permitted to withdraw his or her vote. Once the panel members have concluded the Review process, Human Resources will forward their recommendation to the President of ABX Air who will appoint one of the following heads of department that is not in the chain of command for the involved employee. It will either be the Vice-President of Aircraft Maintenance, Vice-President of Flight Operations, the Controller or perhaps even the President of ABX Air. That person will consider the recommendation of the panel; ensure that their decision is in keeping with past practices and within policies and make the final decision. Each decision will be documented in a written report. The documentation of the final decision, along with a written response, will be coordinated through Human Resources. You will be notified of the final decision within five (5) business days of the Peer Review Meeting.

Revision History:
Mar. 5, 2013
May 4, 2009
Feb. 21, 2008