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In respondent's brief on page 1 thereof, they state that Captain Gitt lacks qualifications which, "in the considered judgment of Eastern and the bargaining representative of its pilots," are essential to safety and efficiency of Eastern's operations. It is presently obvious based on the testimony elicited as previously outlined that (a) the only qualification he lacked was that he was over age 60 and could not, therefore, fly the line one out of every few months. And (b) it is interesting to note that when Eastern incorporated this policy into their agreement with ALPA, a grievance was filed by union members challenging the provision, just as we are doing presently. The only two persons on the systems board who were from the union dissented and attempted to rule in favor of the grievance but were in the minority and were overruled. (T-207) So there may be a question whether or not it is not "in the considered judgment of the bargaining representative of its pilots" as respondents contend.

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