Finally, although the Union maintains that recently there have been a number of aircraft landings after 10 p.m., it failed to provide any evidence as to whether those late-night landings are routine or infrequent. Accordingly, we shall order the adoption of the Employer's proposal. By direction of the Panel. If the employee's request for hardship accommodation is not granted the employee will remain on the currently scheduled tour of duty until the hardship dispute is settled. Requests for hardship accommodation will be given to the immediate supervisor who will render a decision within 3 days.
Hardship is defined as a bonafide condition difficult to endure.
Given the Panel's decision in this case, it is unnecessary to address the Employer's nonnegotiability argument.