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COLONIAL AIRLINES, INC.
N.Y. MUNICIPAL AIRPORT • LA GUARDIA FIELD. N. Y.

Capt. M. A. Gitt    -2-    8/10/49

7. That the Company posted a bulletin announcing Captain A. K. Murray as the successful bidder on the temporary Bermuda Captain Vacancy.

8. That the Company claims that your grievance filed on June 11, 1949 was not timely under Section 28 A (1) of the Contract, insofar as the procedure of the initial bulletining of the bid or the extension of the closing date is concerned.

9. That the Company quoted Captain A. K. Murray to the effect that he would have filed a bid for the vacancy prior to May 30, if the closing date had not been extended.

10. That the Company claims that one of the primary issues in the case is whether it violated Section 27, Paragraph A of the Contract, and that other issues are the timeliness of the grievance, and the consideration of Captain Murray's interests as required by Section 17 of the Contract.

This writer, upon consideration of the above evidence finds:

1. That your grievance would not be considered timely, if the issue was confined entirely to whether the Company violated the Contract in extending the closing date of the bulletin, on May 27, 1949, as Section 28 of the Contract requires that a grievance be filed within seven (7) days of the action of the Company effecting the pilot, and fifteen (15) days elapsed between the date of action of the Company and the date of the filing of your grievance.

2. That the Company did not violate Section 27 (A) of the Contract, in extending the closing date of bulletin requesting bits on the temporary Bermuda Captain Vacancy. As Section 27 (A) of the Contract permits the Company to modify, cancel, amend or extend bulletins for bids at its discretion provided the ten day minimum requirement is not violated, and such action is taken prior to the closing date. The reasons motivating the extension of the closing date of the bulletin by the Company were in the best interests of the pilot group as a whole, as any extension of a bid closing date would be in accordance with the intent and spirit of the basic concepts of the contract.