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be true, it matters not who proposed, drafted or voted that this invalid provision be incorporated within the contract. However, in any event, the testimony at the hearing revelated that this policy of respondents was in existence before Captain Gitt even became an employee of Eastern, and there is no evidence that he ever had anything to do with incorporation this provision into the collective bargaining agreement. And, in fact, the two union members who voted to file a grievance against this provision were overruled (T. 207).
Secondly, this is now apparent that the only qualification Captain Gitt lacked for these positions was the proper age.
Next, Captain Gitt did not voluntarily retire in the true sense of the word. At age sixty as a pilot he had no choice but to do so.
The fact that he did not request one of these positions, prior to retiring, is immaterial. Captain Halliburton testified that for example, in selecting instructor pilots, it is very seldom that anyone specifically requests such a position. The management of Eastern do the actual selection without any employee request. And there was no evidence that as an employee nears retirement age he is ever offered a training program or chance for these positions because he will soon retire.

Q. Your instructor pilots, I take it, from you testimony have been traditionally drawn from line pilots, have they not?

A. Yes.

Q. And how does that selective process go on? Has it been on the basis of application to the company or on the basis of selection in the first instance by the company?

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