AGREEMENT between EXPRESSJET ARLNES, NC. and the ARLNE PLOTS in the service of EXPRESSJET ARLNES, NC. as represented by the AR LNE PLOTS ASSOCATON, NTERNATONAL 2 TABLE OF CONTENTS CONTRACT 2013 PARTS PAGE PART I .................................................................................................................. 1-1 PART II, INSTRUCTOR PILOTS ......................................................................... IP-1 APPENDICES .................................................................................................... AP-1 SECTIONS PAGE Section 1 - RECOGNITION AND SCOPE ........................................................... 1-1 A. Recognition................................................................................................. 1-1 B. Non-Discrimination ..................................................................................... 1-1 C. Scope ......................................................................................................... 1-1 D. Successors ................................................................................................. 1-2 E. Merger Protection ....................................................................................... 1-3 F. Fragmentation ............................................................................................ 1-5 G. Aircraft and Flying Protections .................................................................... 1-7 H. Management Rights ................................................................................. 1-10 . Dispute Procedure .................................................................................... 1-10 J. Job Security .............................................................................................. 1-10 K. Preferential nterview ................................................................................ 1-11 L. nformation................................................................................................ 1-11 Section 2 - DEFINITONS ..................................................................................... 2-1 Section 3 - COMPENSATION ............................................................................. 3-1 A. Pay Rates, Regular Pay, and Additional Pay ............................................. 3-1 B. Pay/Block Time ........................................................................................... 3-4 C. Duty Pay and Minimum Day Credits ........................................................... 3-4 D. Additional Pay ............................................................................................. 3-7 E. ROE Pay .................................................................................................... 3-8 F. Cancellation Pay ......................................................................................... 3-8 G. Deadhead ................................................................................................. 3-10 H. Customs Pay ............................................................................................ 3-10 . Reposition Pay ......................................................................................... 3-10 J. Commencement of Pay ............................................................................ 3-10 K. EMB-135 Pay ........................................................................................... 3-10 L. Maintenance and Ferry Flights ................................................................. 3-12 M. New Hire Pay ............................................................................................ 3-12 N. Pay Administration .................................................................................... 3-12 O. Pay Discrepancies .................................................................................... 3-13
3 TABLE OF CONTENTS P. Audit Adjustments ..................................................................................... 3-13 Q. Financial Performance Reward ................................................................. 3-14
A. Minimum Monthly Guarantee ...................................................................... 4-1 B. Adjustments After Final Schedule ............................................................... 4-1 C. Adjustments Before Final Schedule ............................................................ 4-1
A. Per Diem ..................................................................................................... 5-1 B. Lodging ....................................................................................................... 5-2 C. Hotel Committee ......................................................................................... 5-6 D. Transportation ............................................................................................. 5-6 E. Parking ........................................................................................................ 5-6 F. Crew Meals ................................................................................................. 5-7 G. Miscellaneous Expenses ............................................................................. 5-7
A. Eligibility ...................................................................................................... 6-1 B. Expenses .................................................................................................... 6-1 C. General ....................................................................................................... 6-2
A. Accrual ........................................................................................................ 7-1 B. Pay .............................................................................................................. 7-1 C. Periods ........................................................................................................ 7-1 D. Bidding ........................................................................................................ 7-1 E. Postponement ............................................................................................. 7-3 F. Buyback ...................................................................................................... 7-4 G. Day-at-a-Time Vacation .............................................................................. 7-4 H. Open Time .................................................................................................. 7-7 . Trades ......................................................................................................... 7-8 J. General ....................................................................................................... 7-8
A. Deadhead by Air ......................................................................................... 8-1 B. Deadhead by Surface Transportation ......................................................... 8-2 C. Deadhead Options ...................................................................................... 8-3 D. General ....................................................................................................... 8-4
A. Non-Routine Flight Operations ................................................................... 9-1 B. Scheduling .................................................................................................. 9-1 C. Compensation ............................................................................................ 9-1 D. System Function Check Weather Minimums .............................................. 9-1 E. Major Component Check Weather Minimums ............................................ 9-1 F. Common Variant ......................................................................................... 9-2
Section 10 - NON-FLYING AND SUPERVISORY DUTY .................................. 10-1
A. Seniority and Longevity ............................................................................ 10-1 B. Permanent Positions ................................................................................ 10-1 C. Return to Line Flying ................................................................................ 10-1 D. Discharge ................................................................................................. 10-1 E. Line Flying ................................................................................................ 10-1
Section 11 - TRAINING ..................................................................................... 11-1
A. Train to Proficiency ................................................................................... 11-1 B. Curricula ................................................................................................... 11-1 C. Assignment to and Release from Training ................................................ 11-2 D. Schedule, Hours, and Rest ....................................................................... 11-3 E. Non-Recurrent Training ............................................................................ 11-5 F. Recurrent Training .................................................................................... 11-7 G. Evaluation ................................................................................................. 11-8 H. Remediation ............................................................................................. 11-9 . Compensation for Training ..................................................................... 11-11 J. Travel To and From Training .................................................................. 11-12 K. General ................................................................................................... 11-13
Section 12 - HOURS OF SERVICE ................................................................... 12-1
A. Operations under 14 CFR Part 117 .......................................................... 12-1 B. Flight Time and Flight Duty Period Limitations ......................................... 12-1 C. FDP Extensions ........................................................................................ 12-4 D. Rest Periods ............................................................................................. 12-4 E. Days Off ................................................................................................... 12-4 F. Report and Release Times ....................................................................... 12-6 G. Amendment to the FARs .......................................................................... 12-6 H. Fatigue Risk Management Plan ................................................................ 12-7
Section 13 - LEAVES OF ABSENCE ................................................................ 13-1
A. Personal Leave ......................................................................................... 13-1 B. Company Offered Monthly Absence ......................................................... 13-2 C. Medical Leave .......................................................................................... 13-5
5 TABLE OF CONTENTS D. Family Medical Leave Act ......................................................................... 13-7 E. Maternity Leave ......................................................................................... 13-8 F. Military Leave ............................................................................................ 13-9 G. Bereavement Leave ................................................................................ 13-10 H. Emergency Leave ................................................................................... 13-11 . Educational Leave ................................................................................... 13-11 J. Jury Duty ................................................................................................. 13-12 K. Witness Duty ........................................................................................... 13-12 L. Association Leave ................................................................................... 13-13 M. Return to Service .................................................................................... 13-18 N. General ................................................................................................... 13-19 O. Summary of Leaves of Absence ............................................................. 13-19
A. Accrual ...................................................................................................... 14-1 B. Pay and Usage.......................................................................................... 14-1 C. Vacation Rebid .......................................................................................... 14-3 D. Proof of llness .......................................................................................... 14-3 E. Return to Duty ........................................................................................... 14-3 F. Accrual nformation ................................................................................... 14-3 G. Attendance and Reliability Policy .............................................................. 14-4 H. Pass Privileges .......................................................................................... 14-4
A. Physical Standards ................................................................................... 15-1 B. Failure of Medical Examinations ............................................................... 15-1 C. Determination of Medical Fitness .............................................................. 15-1 D. Review of Results ..................................................................................... 15-1 E. Drug and Alcohol Testing .......................................................................... 15-3 F. Substance Abuse Program ..................................................................... 15-12 G. General ................................................................................................... 15-13
A. Workers' Compensation nsurance ........................................................... 16-1 B. On-the-Job njury ...................................................................................... 16-1 C. Sick Leave ................................................................................................ 16-1 C. Offset Limitations ...................................................................................... 16-1
Section 17 - MISSING, HOSTAGE, AND POW ................................................. 17-1
A. Crewmember Security ............................................................................... 17-1 B. Retention and Accrual of Benefits and Pay ............................................... 17-1 C. Death and Survivor Benefits ..................................................................... 17-2
6 TABLE OF CONTENTS D. Repayment of Death and Survivor Benefits .............................................. 17-2 E. Method of Payment .................................................................................. 17-2
Section 18 - NEW EQUIPMENT AND FOREIGN FLYING ................................ 18-1
A. New Equipment ........................................................................................ 18-1 B. Foreign Flying ........................................................................................... 18-1 C. Foreign Domiciles ..................................................................................... 18-2 C. Arbitration ................................................................................................. 18-2
Section 19 - INVESTIGATION AND DISCIPLINE ............................................. 19-1
A. nformal nvestigator Meeting(s) ............................................................... 19-1 B. Formal Hearing ......................................................................................... 19-1 C. Discipline .................................................................................................. 19-2 D. Request for Disciplinary Grievance Hearing ............................................. 19-2 E. Disciplinary Grievance Hearing ................................................................ 19-2 F. Travel ....................................................................................................... 19-3 G. Disciplinary Grievance Hearing Decision .................................................. 19-3 H. Appeal of Disciplinary Grievance Hearing Decision .................................. 19-3 . Failure to Meet Time Limits ...................................................................... 19-3 J. Stenographic Report ................................................................................. 19-4 K. Written Notification Methods ..................................................................... 19-4 L. Pilot Held Out of Service .......................................................................... 19-4 M. Total Exoneration ..................................................................................... 19-5 N. Association Leave for Representation ...................................................... 19-5
A. Filing of a Grievance ................................................................................. 20-1 B. Contract Grievance Hearing ..................................................................... 20-2 C. Travel ....................................................................................................... 20-2 D. Contract Grievance Hearing Decision ...................................................... 20-3 E. Appeal of Contract Grievance Hearing Decision ...................................... 20-3 F. Failure to Meet Time Limits ...................................................................... 20-3 G. Stenographic Reports ............................................................................... 20-3 H. Written Notification Methods ..................................................................... 20-4 . Association Leave for Representation ...................................................... 20-4
Section 21 - SYSTEM BOARD OF ADJUSTMENT .......................................... 21-1
A. Establishment of System Board ................................................................ 21-1 B. Jurisdiction................................................................................................ 21-1 C. Submission to Mediation and Board ......................................................... 21-1 D. Mediation .................................................................................................. 21-2 E. System Board of Adjustment .................................................................... 21-5
7 TABLE OF CONTENTS F. Travel ........................................................................................................ 21-9 G. Waiver of Time Limits ................................................................................ 21-9
A. Commencement, Accrual, and Retention .................................................. 22-1 B. Seniority List ............................................................................................. 22-1 C. Protest ....................................................................................................... 22-2 D. Probation ................................................................................................... 22-2
Section 23 - FURLOUGH AND RECALL .......................................................... 23-1
A. Furlough .................................................................................................... 23-1 B. Status During Furlough ............................................................................. 23-3 C. Recall and Bypass .................................................................................... 23-4 D. General ..................................................................................................... 23-5
Section 24 - FILLING OF VACANCIES ............................................................. 24-1
A. Staffing and Vacancies ............................................................................. 24-1 B. Permanent Positions ................................................................................. 24-2 C. Temporary Positions ................................................................................. 24-2 D. Standing Vacancy Bid ............................................................................... 24-3 E. Position Notices ........................................................................................ 24-4 F. Awarding Positions .................................................................................... 24-5 G. Final Awards ............................................................................................. 24-8 H. Modification of Final Award ....................................................................... 24-9 . Assignment Sheet ................................................................................... 24-10 J. Advancement and Commencement of Pay ............................................. 24-10 K. Effect of Subsequent Vacancy Awards ................................................... 24-12 L. Pilots Approaching Regulatory Retirement Age ...................................... 24-13 M. Domicile Trades ...................................................................................... 24-14 N. Opening of Domiciles .............................................................................. 24-15 O. General ................................................................................................... 24-15
A. Pilot Classifications ................................................................................... 25-1 B. Bid Periods ................................................................................................ 25-1 C. Pairing Construction .................................................................................. 25-1 D. Line Construction ...................................................................................... 25-3 E. RX Days .................................................................................................. 25-46 F. Swaps, Drops, Pick-ups, and Mutual Trades .......................................... 25-48 G. Reserve Pilots ......................................................................................... 25-62 H. Contact, Notification, and Response ....................................................... 25-74 . Assignment of Open Time ....................................................................... 25-78
8 TABLE OF CONTENTS J. Reassignments, Extensions, and Junior Assignments ........................... 25-79 K. Lost Days Off .......................................................................................... 25-83 L. rregular Operations ................................................................................ 25-86 M. Duplicate Flight Assignments ................................................................. 25-86 N. Trip Displacements and Removed for Operating Experience ................. 25-87 O. Recording of Pilot/Crew Scheduling Conversations ............................... 25-89 P. General ................................................................................................... 25-90 Q. Scheduling Committee ........................................................................... 25-91 R. Electronic Processes .............................................................................. 25-92 S. Reduced Flying Lines ............................................................................. 25-95 T. Pay Examples ......................................................................................... 25-96
Section 26 - GENERAL ..................................................................................... 26-1
A. Property Damage and Civil Liability ndemnification ................................. 26-1 B. Agreement Distribution ............................................................................. 26-1 C. Pronouns .................................................................................................. 26-1 D. Recorded Data ......................................................................................... 26-1 E. Air Safety and Accident nvestigation Committee ..................................... 26-3 F. Tracking Cookies ...................................................................................... 26-5 G. Appearance Standards ............................................................................. 26-5 H. Uniforms ................................................................................................... 26-6 . Personnel File ........................................................................................... 26-6 J. Termination and Resignation .................................................................... 26-7 K. Commuter Policy ...................................................................................... 26-7 L. Crew Lounge Requirements ................................................................... 26-12 M. Computers, Printers, and Equipment ...................................................... 26-12 N. Headsets ................................................................................................ 26-13 O. D Cards ................................................................................................. 26-13 P. Roster of Pilot Earning ............................................................................ 26-13 Q. Notification of Whereabouts.................................................................... 26-13 R. Pilot Duties ............................................................................................. 26-14 S. Operational Practices Review................................................................. 26-14 T. Association Access ................................................................................. 26-14 U. Electronic Processes .............................................................................. 26-15 V. Death of a Pilot ....................................................................................... 26-17 W. Jumpseat ................................................................................................ 26-17 X. Savings Clause ....................................................................................... 26-18 Y. Passes .................................................................................................... 26-18 Z. New Terminology .................................................................................... 26-18
A. General ..................................................................................................... 27-1 B. Medical nsurance .................................................................................... 27-2 C. Dental nsurance ...................................................................................... 27-3
9 TABLE OF CONTENTS D. Vision Care Plan ....................................................................................... 27-3 E. Life nsurance............................................................................................ 27-4 F. Accidental Death and Dismemberment ..................................................... 27-4 G. Short Term Disability ................................................................................. 27-4 H. Long Term Disability ................................................................................. 27-5 . Substance Abuse Treatment Program ...................................................... 27-6 J. nsurance Committee ................................................................................ 27-6
A. 401(k) Savings Plan .................................................................................. 28-1 B. Additional Defined Contribution to the 401(k) Savings Plan ...................... 28-2 C. General ..................................................................................................... 28-3 D. Joint Retirement Committee ...................................................................... 28-4
Section 29 - AGENCY SHOP AND DUES CHECK-OFF ................................... 29-1
A. Condition of Employment .......................................................................... 29-1 B. Delinquency .............................................................................................. 29-2 C. Earnings Report ........................................................................................ 29-4 D. Check-Off Programs ................................................................................. 29-5 C. Dues, Assessment, and Service Charge Check-Off, Form ....................... 29-5
A. ALPA Political Action Committee .............................................................. 30-1
Section 31 - LINE CHECK PILOTS ................................................................... 31-1
A. Hiring ......................................................................................................... 31-1 B. Resignation ............................................................................................... 31-1 C. Removal from the Flight Standards Department ....................................... 31-1 D. Duties ........................................................................................................ 31-2 E. Scheduling ................................................................................................ 31-2 F. Compensation ........................................................................................... 31-3
LOA 1 mplementation .................................................................................. LOA-1 LOA 2 Flight Time/Duty Time .................................................................... LOA-XX LOA 3 FOQA ............................................................................................. LOA-XX LOA 4 ASAP 2-Party ................................................................................. LOA-XX LOA 5 Business Opportunities ................................................................... LOA-XX LOA 6 Charter Operations ......................................................................... LOA-XX
Letter 1 Holding Company Letter .................................................................. Letter-1 Letter 2 Operational Practices Review ......................................................... Letter-3 Letter 3 Line Check Pilot Seniority ................................................................ Letter-5 Letter 4 Long Term Disability nsurance ....................................................... Letter-7
A. Recognition ............................................................................................ P-1-1 B. Scope ..................................................................................................... P-1-1 C. Successors & Mergers ........................................................................... P-1-3 D. Expedited Board of Adjustment .............................................................. P-1-3 E. Management Rights ............................................................................... P-1-3
A. Pay Administration ................................................................................. P-3-1 B. Pay Calculation ...................................................................................... P-3-1
A. Per Diem ................................................................................................ P-5-1 B. Personal Vehicles .................................................................................. P-5-1 C. Rental Cars ............................................................................................ P-5-1 D. Hotel Rooms .......................................................................................... P-5-1
A. Distribution ............................................................................................. P-7-1 B. Pay ......................................................................................................... P-7-1 C. Postponement ........................................................................................ P-7-1 D. Days Off ................................................................................................. P-7-2 E. Bidding ................................................................................................... P-7-2 F. Trades .................................................................................................... P-7-2
A. Compensation ........................................................................................ P-8-1 B. Deadhead Travel .................................................................................... P-8-1 C. Personal Vehicles .................................................................................. P-8-1
Section 10 - NON-FLYING AND SUPERVISORY DUTY ............................. IP-10-1
12 TABLE OF CONTENTS
Section 11 - TRAINING ................................................................................. IP-11-1
Section 12 - HOURS OF SERVICE ............................................................... IP-12-1
A. Days Off ............................................................................................... P-12-1 B. Line Flying ............................................................................................ P-12-1 C. Duty Day ............................................................................................... P-12-1 D. Rest Periods ......................................................................................... P-12-1 E. Waivers ................................................................................................ P-12-1
Section 13 - LEAVES OF ABSENCE ............................................................ IP-13-1
A. Accrual ................................................................................................. P-14-1 B. Usage ................................................................................................... P-14-1
A. Part ncorporation ............................................................................... P-15-1 B. Medical Certificates .............................................................................. P-15-1 C. Pay for Drug or Alcohol Testing ............................................................ P-15-1
Section 17 - MISSING, HOSTAGE, AND POW ............................................ IP-17-1
Section 18 - NEW EQUIPMENT AND FOREIGN FLYING ............................ IP-18-1
Section 19 - INVESTIGATION AND DISCIPLINE ......................................... IP-19-1
A. Removal from the Training Department ................................................ P-19-1 B. Documentation ..................................................................................... P-19-1 C. Disputes ............................................................................................... P-19-1
A. Pilot Seniority List ................................................................................. P-22-1 B. Accrual ................................................................................................. P-22-1 C. Training Department Seniority List ....................................................... P-22-1
13 TABLE OF CONTENTS Section 23 - FURLOUGH AND RECALL ..................................................... IP-23-1
A. Furlough ............................................................................................... P-23-1 B. Voluntary Furlough ............................................................................... P-23-2 C. Recall ................................................................................................... P-23-2
Section 24 - FILLING OF VACANCIES ........................................................ IP-24-1
A. Vacancies ............................................................................................ P-24-1 B. Filling of Vacancies .............................................................................. P-24-1 C. Assignment to the Training Department ............................................... P-24-1 D. Qualifications........................................................................................ P-24-1 E. Vacancy Posting and Application ......................................................... P-24-2 F. Fleet Training Center Freeze ............................................................... P-24-2 G. Return to the Line ................................................................................. P-24-2
A. General ................................................................................................ P-25-1 B. Line Flying ............................................................................................ P-25-4 C. Monthly Force Adjustment ................................................................... P-25-6 D. Duty Days ............................................................................................ P-25-8 E. Work Days ......................................................................................... P-25-10
Section 26 - GENERAL ................................................................................ IP-26-1
A. Pass Travel Policies ............................................................................. P-26-1 B. Evaluation ............................................................................................ P-26-1 C. nstructor Pilot Manual ......................................................................... P-26-1
Appendix 4 - INDEX ....................................................................................... AP-XX
1-1
1. RECOGNTON AND SCOPE
A. Recognition
1. n accordance with Certification Number ___, dated ____, made by the National Mediation Board, the Company hereby recognizes the Association as the duly designated and authorized representative of the pilots in the employ of the Company for the purposes of the Railway Labor Act, as amended.
2. Nothing in this Agreement will be construed to limit or deny any pilot hereunder or the Company any rights or privileges to which he or it may be entitled under the Railway Labor Act, as amended.
3. The Association and the Company hereby adopt this collective bargaining agreement, including all attached Letters of Agreement and Memoranda of Understanding between the Company and the Association. All such agreements, and additional letters of agreement and memoranda of understanding negotiated in the future, are collectively referred to as the "Agreement.
B. Non-Discrimination
The provisions of this Agreement will apply equally to all employees covered by this Agreement regardless of race, color, religion, sex, national origin, age or any other characteristic protected by law, in accordance with applicable law.
C. Scope
1. All present and future flying performed in or for the service of the Company will be performed by pilots on the Pilot Seniority List in accordance with this Agreement.
2. Except as provided in paragraph C.3., below, "flying in or for the service of the Company as used in this Section 1 means revenue flying or nonrevenue flying conducted by, or under an operating certificate issued to, the Company.
3. Flying in or for the service of the Company under this Section 1 does not include:
a. Flying on aircraft that have been dry leased to other carriers or entities, delivery of new or used aircraft, positioning of flights for Section 1 Recognition and Scope 1-2 major maintenance, and test flights in conjunction with major maintenance or aircraft delivery and as otherwise specified in this Agreement.
b. Flying conducted by another air carrier under a contract with the Company if all of the following conditions are satisfied:
(1) Such flying is necessary to accomplish the needs of the service,
(2) The Company does not have sufficient aircraft or pilots available to perform the revenue flying contracted out,
(3) No pilot is furloughed or displaced as a result of such contracting out,
(4) No contract under this paragraph C.3. shall exceed 90 consecutive days in duration and there shall be no more than two such contracts in any period of 12 consecutive months; provided, however, that if the needs of the service cannot be met due to grounding of an aircraft type operated by the Company, failure of a manufacturer to deliver aircraft reasonably on schedule, or a temporary shortage of pilots due to factors not within the control of the Company, the above numbers (90 and two) may each be doubled.
4. For purposes of this Section 1, an affiliate of an entity is an entity that controls it, is controlled by it, or is under common control with it; an entity controls another if it owns more than 50 percent of the other entity's voting securities; a parent is an entity that controls another entity; a subsidiary is an entity controlled by another; an entity is a person, group of persons acting together, corporation, partnership or other form for conducting business.
D. Successors
1. For purposes of this Section 1, a successor is an entity that acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-step related transactions.. A successorship transaction is a transaction that creates a successor to the Company. A successorship agreement is an agreement that will, if consummated, create a successor to the Company.
Section 1 Recognition and Scope 1-3 2. An aircraft is considered to be in an air carrier's fleet if it is an aircraft in service, an aircraft undergoing maintenance, or an operational spare.
3. This Agreement shall be binding on a successor until such time as the Agreement is changed in accordance with the Railway Labor Act, as amended.
4. A successor shall be required to treat with the Association as the representative of the Company's pilots until such time as representation is changed in accordance with the provisions of the Railway Labor Act, as amended.
5. The Company or its parent, as applicable, will not agree to a successorship agreement or to any other merger transaction as defined in paragraph E. below unless the party that will become a successor of the Company agrees, as a condition of such agreement or of such transaction, that it will be bound by this Agreement and recognition of the Association in accordance with, respectively, paragraphs D.3. and D.4.
6. The Company or its parent, as applicable, will notify the Association when it enters into a successorship agreement or merger agreement (as defined in paragraph E., below) (or as soon thereafter as permitted by Securities and Exchange Commission regulations), setting forth such terms of the transaction as affect the pilots, and documenting compliance with the requirements of paragraphs D.3, D.4,. and D.5. by, as applicable, the Company and/or its parent, and the prospective successor.
E. Merger Protection
1. Unless the Company and Association otherwise agree, or as provided in the last sentence of this paragraph E.1., this paragraph E. applies to (i) a successorship transaction in which the successor is an air carrier or is an affiliate of an air carrier, and to (ii) any other transaction in which the Company becomes an affiliate of an existing air carrier (other than SkyWest Airlines), and if either (i) or (ii) apply, the Company, the successor, or the affiliate air carrier, as applicable, decides to merge the Company with the air carrier successor or the air carrier affiliate of the successor. Either such transaction is a "merger transaction.
2. n any merger transaction, the Company and the other air carrier in the transaction will merge to become a single corporation, with a single air carrier certificate, operating under a single collective Section 1 Recognition and Scope 1-4 bargaining agreement and pilot seniority list, all in accordance with the terms of this paragraph E. The Company and the other air carrier in the complete operational merger will also support an application by the Association filed with the National Mediation Board to determine that the pilots of the merging carriers are in a single pilot craft or class (and that the flight instructors of the merging carriers are either in the same craft or in a separate single craft or class). The Association agrees that it will file such an application with the National Mediation Board no later than upon the earlier of (1) issuance by the FAA of a single air carrier operating certificate, or (2) a merged pilot collective bargaining agreement. The completion of all steps specified in this paragraph E.2. is defined as a "complete operational merger and the resulting air carrier is the "surviving air carrier.
3. The pilot collective bargaining agreements of the Company and the other air carrier in a merger transaction, if such air carrier is a party to a pilot collective bargaining agreement, will be merged into one agreement as the result of negotiations among the pilot groups and the surviving air carrier.
4. The seniority lists of the pilot groups of the Company and the other air carrier in a merger transaction will be integrated in accordance with Association Merger Policy if both pre-transaction pilot groups are represented by the Association. f the other pre-transaction group is not represented by the Association, then the seniority lists of the respective pilot groups will be integrated in accordance with sections 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions (LPPs).
a. The surviving air carrier will accept the integrated seniority list (SL) established through Association Merger Policy or LPP proceedings, as applicable, including any conditions and restrictions, subject to the following requirements:
(1) There shall be no bumping or "system flush whereby a pilot may displace another pilot from the latter's category (equipment/seat) or position (equipment/seat/domicile) as a result of the implementation of the SL or of the implementation of any condition or restriction thereto;
(2) Pilots on furlough status at the time the SL is implemented may not bump or displace pilots in active status as a result of the implementation of the SL or of the implementation of any condition or restriction thereto;
(3) Pilots who, at the time of implementation of the SL, are in qualification training or OE for a new category (e.g., Section 1 Recognition and Scope 1-5 ERJ CA or CRJ FO) will be allowed to complete such training or OE. f such pilots become fully qualified in the new category, or if they completed qualification training or OE for a new category prior to implementation of the SL, they will be assigned to such category regardless of their relative standing on the SL. b. The seniority integration process will not conclude (i.e., the SL and any conditions and restrictions thereto will not be finalized and disclosed) until after ratification of a merged collective bargaining agreement or decision to apply this Agreement to the merged carrier, whichever is applicable, in accordance with paragraph E.3. above. 5. The following will apply in a merger transaction during the period prior to the complete operational merger: a. This Agreement and the pilot collective bargaining agreement (if any) of the other air carrier in the merger transaction will remain in effect and applicable to the respective pilot groups unless and until modified in accordance with paragraph E.3. above. b. f this Agreement or the pilot collective bargaining agreement (if any) of the other air carrier involved in the merger is otherwise open for Section 6 negotiations, those negotiations will be concluded to enable the parties to complete the procedures set forth in paragraph E.3. c. The Company's pilots will perform all work for all Company CPAs (including those Company CPAs added before the complete operational merger), and no pilot of the other air carrier will perform work in any Company operation unless necessary to avoid the cancellation of a flight. After ratification, the parties will meet and agree upon the terms as to how the provisions "unless necessary to avoid the cancellation of a flight will be applied. The pilots employed by the other carrier involved in the merger transaction will, likewise, perform all work under that carrier's CPAs (including those CPAs added before the complete operational merger). d. The pilots of each air carrier in the merger transaction will operate all aircraft in the service of their respective pre-merger air carrier employers. Stored, ordered and optioned aircraft will not be transferred between pre-merger air carriers employers. Section 1 Recognition and Scope 1-6 6. Pending the merger of the pre-transaction carriers and the pilot collective bargaining agreements and seniority lists, no pilot on the Pilot Seniority List on the date of the merger transaction agreement will be furloughed or reduced in status (captain to first officer) as a result of the merger. The Company will have the burden of establishing whether a furlough or reduction in status resulted from the merger.
F. Fragmentation
1. f the Company (by sale, lease or other transaction) transfers or disposes of one or more aircraft to be operated by SkyWest Airlines or for any other affiliate of a parent of the Company (any such aircraft, a "transferring aircraft), then, beginning with the first transferring aircraft the Company and its parent will require SkyWest Airlines or other affiliate of the parent, as applicable, to offer employment to Company pilots on the Pilot Seniority List in accordance with this paragraph F. This requirement does not apply to an aircraft that is returned to the lessor/owner of the aircraft due to the end of a contract term with a major carrier, i.e., scheduled contract termination as indicated by the appropriate CPA.
2. The number of Company pilots who will be offered an opportunity to transfer will be five (5) Captains and five (5) First Officers for each transferring aircraft.
3. The transfer of any aircraft will be considered effective on the date that the aircraft is removed from the Company's certificate and the transfer opportunities will be posted no less than 30 days prior to such effective date.
4. The transfer opportunities for the transferring aircraft, as defined above in paragraph F.1., will be posted for no less than 14 days, during which time Company pilots may bid on such transfer opportunities. Only Company Captains may bid on the Captain transfer opportunities and only Company First Officers may bid on the First Officer transfer opportunities. The Company will make available a form or electronic process for such purpose.)
5. After the closing of the bid period, the Company will offer opportunities to transfer to SkyWest Airlines or other affiliate of the Company's parent, as applicable, by bidding Captains and First Officers in seniority order, as determined by the Pilot Seniority List.
6. The Company will not involuntarily transfer any pilot.
Section 1 Recognition and Scope 1-7 7. The lists (Captain and First Officer) of pilots who will be offered opportunities to transfer will be posted by the Company no later than ten (10) days after the close of the bid period.
8. The Company pilots who transfer to SkyWest Airlines or other affiliate of the Company's parent, as applicable, under this paragraph F. will be placed on the applicable pilot seniority list, pursuant to Association merger policy or Sections 3 and 13 of the Allegheny-Mohawk LPPs, depending on whether or not the pilots of the other airline are represented by the Association. A pilot's longevity with the Company will be added to and treated as part of his service with the other airline for all pay and benefit purposes.
9. After the other procedures described in paragraph F., above, are completed, SkyWest Airlines or the other affiliate of the Company's parent, as applicable, will post a bid for vacancies, including vacancies covering the transferred aircraft, per the applicable pilots' seniority list integrated as described above.
10. A pilot who transfers under this paragraph F. to SkyWest Airlines or other affiliate of the Company's parent, as applicable, will be an employee of that carrier for all purposes and will cease to be an employee of the Company. )
11. f, in any 12 consecutive month period, 5 or more aircraft are transferred to the Company from SkyWest Airlines, net of aircraft transferred during that period from the Company to SkyWest Airlines, then beginning with the fifth net aircraft the Company will offer employment to 5 SkyWest Airlines Captains and 5 SkyWest Airlines First Officers for each net aircraft transferred to the Company. Pilots who elect to transfer to the Company under this paragraph F.11. will be placed on the Company Pilots' seniority list in accordance with paragraph F.8. above. )
G. Aircraft and Flying Protections
1. Notwithstanding the provisions governing transfer of aircraft in paragraph F., above, or any other provisions of this Agreement, the Company will not (during the term of this Agreement and any status quo period under the Railway Labor Act, as amended) transfer:
a. 51-76 seat aircraft if such transfer would reduce the total number of 51-76 seat aircraft below a level which prevented a pay rate increase as provided by Section 3.A.2.; or
Section 1 Recognition and Scope 1-8 b. More than the maximum number of each aircraft type provided below to SkyWest Airlines or other affiliate of a parent of the Company.
Maximum Aircraft Transferable*
* The limits on the number of aircraft transferable in the chart below apply regardless of the reason for transfer. This includes, without limitation, any transaction or series of transactions wherein airframes at the Company enter service at SkyWest Airlines or other affiliate of the Company, whether or not a CPA Carrier directs or brings about the aircraft movement.
Aircraft Type Maximum Transferrable
EMB-135 3
CR2 22
EMB-145 EP/LR 35
EMB-145 XR 26
CR7 11 CR9 7 Aircraft Type not ** Currently in Company Fleet
"
Means the Company may exceed the number of maximum
transferable aircraft, above, if the Company places in service a number of replacement turbojet aircraft of 70 or more seats that equals or exceeds the number of removed aircraft in excess of the maximum transferrable number provided above.
** The Company may transfer a maximum of 25% of the greatest number of an aircraft type during the period covered by this chart, if such aircraft type is not in the Company's fleet on [DOS]. For example, if the Company acquires 24 such aircraft, if may transfer up to six under the rules of this paragraph; it may not transfer any further such aircraft until it acquires enough replacements to bring the total of such aircraft in its fleet to 28, at which time it may transfer one, for a total of seven, so as not to exceed a total of 25%.
2. f the Company learns that an air carrier affiliate of the Company's parent has been requested to or intends to offer to provide air capacity or air services to another air carrier under any capacity purchase agreement or air services agreement under which the Company now or in the future provides air capacity or air services (either, a "Company CPA), the Company will notify the Association and provide Section 1 Recognition and Scope 1-9 the Association the opportunity to address and resolve with the Company and its parent, in good faith on the part of all parties, any issue or issues which, if resolved, may enable the Company to maintain flying under the Company CPA.
3. All aircraft subject to the terms and conditions of any Company CPA are subject to this Agreement. The Company will not transfer any such aircraft that enters service with SkyWest Airlines or any other affiliate of the Company's parent within six months of its transfer from the Company unless such transfer is permitted by the applicable Company CPA and the Company was required to do so by the applicable CPA carrier. This paragraph does not limit the Company's ability to "swap aircraft of the same type, one-for-one between carriers, for commercial reasons.
4. f the Company learns that the Company's parent or SkyWest Airlines or other Company affiliate intends to seek to enter into a CPA with an air carrier with which it had no CPA relationship on the effective date of this Agreement covering service to or from a point in North America, or the Caribbean slands (including the West ndies), or that either the Company's parent or SkyWest Airlines or other Company affiliate intends to seek to enter into a revised CPA with another air carrier covering such service, the Company will notify the Association and provide the Association the opportunity to address and resolve with the Company and its parent, in good faith on the part of all parties, any issue or issues which, if resolved, may enable the Company to become a party to a CPA with that other air carrier.
5. The following definitions apply to this paragraph G:
a. The term "aircraft in a Company CPA means the specific number of aircraft identified for operation under such CPA, replacements for such aircraft, and growth aircraft (i.e., above the base number of aircraft in the CPA) which are committed to the Company under the terms of the CPA or added to the Company fleet for operation under the CPA.
b. "Additional aircraft are those in excess of the number of aircraft specified in subparagraph a., above.
c. An aircraft has been transferred from the Company to a Company affiliate if that specific aircraft has been added to the fleet of the Company affiliate for the purpose of transferring flying now or in that time performed under a Company CPA, or during a time when such flying is being transferred, and is then operated by the Company affiliate. Section 1 Recognition and Scope 1-10
H. Management Rights
Except as restricted by this Agreement, the Company retains all authority and rights to manage its operations and direct its pilot workforce. Such rights include without limitation, the right to hire, to establish and, from time to time, amend, suspend or revoke rules, regulations and procedures; to determine qualifications for initial employment, continued employment, and upgrading or other promotions; to establish rules of conduct; to determine the size, type and number of aircraft to be utilized in providing service; to determine the size and composition of the pilot workforce; to furlough and recall; to establish new routes, services, schedules and areas of service; to determine what equipment will be utilized and allocated to particular routes; to discontinue all or any part of its operations; to transfer equipment from one base of operation to another base of operation; to determine where to perform all or any part of its operations; to determine whether to purchase additional aircraft or to lease, sell or otherwise dispose of all or any part of its equipment; and to determine whether to merge, consolidate, sell, or otherwise dispose of all or part of its business.
. Dispute Procedure
1. A grievance filed by the Association alleging a violation of Section 1 will, at the Association's option, bypass the initial steps of the grievance procedure and be submitted, heard and resolved through binding arbitration on an expedited basis directly before the System Board of Adjustment. The System Board of Adjustment will commence a hearing on the dispute no later than 30 days following the submission to the System Board of Adjustment and will decide the case no later than 60 days after such submission, unless the parties agree otherwise in writing.
2. Paragraph .1., above, applies to a successorship transaction or merger transaction under paragraphs D. or E., above, except that, unless the Company and Association otherwise agree in writing, the Association must submit a grievance alleging a violation of paragraph D. or paragraph E. within 5 days after it receives the notice provided in paragraph D.5., the System Board will commence hearing the dispute no later than nineteen (19) days after the Association receives such notice, and the System Board will issue its decision no later than forty (40) days after the Association receives such notice, allowing at least a five (5) day period between the issuance of the decision and the planned consummation of the successorship transaction.
J. Job Security.
Section 1 Recognition and Scope 1-11 1. f Bilateral Flow Agreement and the Company Plans to Furlough Pilots
f and when the Company and the SkyWest, nc. entities reach an agreement for a bilateral flow system, and vacancies exist at any SkyWest, nc. entity, pilots will be transferred as provided in Section 1.F.4-7., above.
2. f No Bilateral Flow Agreement and the Company Furloughs Pilots
A furloughed pilot will have transfer rights according to the current policy at the SkyWest, nc. entity for which they will transfer. A furloughed pilot hired at a SkyWest, nc. entity(ies) will not be required to resign his Company seniority number and will retain and continue to accrue his Company longevity as provided in the SkyWest, nc. entity policy.
K. Preferential nterview
A pilot furloughed by an air carrier which is a party to a Company CPA or by any other airline whose pilots are represented by the Association will be given preferential interviews at the Company if he completes all new hire paperwork, meets all new hire airman and medical qualifications, and satisfies background checks.
L. nformation
1. The MEC Chairman, the Negotiating Committee, and appropriate ALPA staff and advisors will be provided unredacted copies of all CPAs to which the Company is a party, and changes to such CPAs, within 10 days after the effective date of each such CPA and of changes thereto.
2. Confidential information provided under this paragraph L. will be covered by appropriate confidentiality agreements agreed to by the Company and Association and signed by each Association representative who receives such information
1-12 THS PAGE NTENTONALLY LEFT BLANK
2-1
2. DEFNTONS
The following terms as used in this Agreement will be construed as follows:
AccIimated Time - Domicile time for operations in theater.
Active PiIot A pilot in active service.
Active Service A period of time when a pilot is on pay status, attending new-hire training, and during leaves of absence as provided in this Agreement.
AdditionaI (Add) Pay Pay which is not generated by a pilot's line value. t is paid in addition to the regular pay (line value or minimum monthly guarantee, whichever is greater) earned by a pilot during a bid period.
Aircraft-Type means any variation of a particular model of aircraft, e.g., CR7- CR9, CR2, EMB-145 and related models, so long as the related model requires no transition training and remains within the seat ranges established in this Agreement.
AirIine Configured Aircraft Passenger aircraft that are not Executive Configured Aircraft.
Airport Standby (ASBY) or Ready Reserve (RR) An assignment to a reserve pilot requiring him to report to a domicile airport as provided by Section [25.XX].
ALPA or Association the Air Line Pilots Association, nternational.
Base Support PiIot - A pilot that provides administrative and operational support in crew bases.
Bid Period or Month As set forth in Section [25.B.1.]
BIock or BIock Time Either scheduled or actual block time.
BIock to BIock or ActuaI BIock A pilot's block time, for the purposes of pay and credit, is from block-out time to block-in time as provided by Section 3.
Business Day Monday through Friday, excluding Company holidays.
Capacity Purchase Agreement (CPA) The XJT or SkyWest, nc. contract or code share agreement with a major airline partner or affiliate, i.e., Delta Air Lines, United Airlines, American Airlines or any other entity for which the Company may perform contract flying.
Section 2 Definitions 2-2 Captain (CA) A pilot who is in command of the aircraft and has authority over all flight deck and cabin personnel in accordance with this Agreement.
Carry-In (CI) Day A bid packet notation for a regular line duty day constructed in accordance with Section [25.XX.], that will have no assigned duty until after line adjustments have been made.
Category A combination of a pilot's status and aircraft-type (e.g. Captain EMB- 145, First Officer CR2).
Charter PiIot A Charter Pool Pilot who bids and is awarded a line of flying, period of availability and/or duty days for charter operations in accordance with [Letter X, Paragraph B.3. (Charter Flying in Executive Configured Aircraft).]
Charter PooI PiIot A pilot who has been selected by the Company to fly in charter operations in accordance with [Letter X, Paragraph B.3. (Charter Flying in Executive Configured Aircraft)].
Consecutive Nightime Operations (CNO) - a FDP series with consecutive FDPs that infringe on the Window of Circadian Low (WOCL). This includes any split duty rest periods.
Continuing QuaIification Event (CQE) Any training, checking or qualification event required by the Company or the FAA to maintain qualification. This term includes recurrent proficiency checks, recurrent Line Oriented Flight Training (LOFT), recurrent flight training (RFT), recurrent ground training (RGT), or Advanced Qualification Program (AQP) continuing qualification events.
Continuous Duty Overnight (CDO) A Split Duty Period that provides 3 hours of rest between 2200 and 0500 LT.
CPA Charter FIying Charter flying performed pursuant to a code share agreement, capacity purchase agreement, special prorate agreement, or similar agreement ("Code Share Agreement) to which the Company is a party.
CurrentIy QuaIified Qualified to perform flying in a category, including recency of experience requirements.
Date of Hire A new hire pilot's first day of training. f a Management pilot who is not on the seniority list is added to the list, he will not be given a date of hire earlier than the date he commenced supervisory pilot duties.
Day A period of time from 0001 to 2400 hours Local Time (LT).
Day Off (or Off Day) .A day at the pilot's domicile free from all duty, assignment, or any other obligation to the Company. Section 2 Definitions 2-3
Deadhead The transport by air or surface vehicle of a pilot from one point to another pursuant to Company assignment.
Debrief The time allowed for completion of post flight duties. Debrief ends at block-in plus 15 minutes or block-in plus 30 minutes when customs clearance is required.
DiscipIine A written warning, suspension or discharge.
DispIaced PiIot A pilot who no longer has seniority to hold his domicile, status or equipment on a system bid.
DomiciIe or Base A specific airport which the Company designates as a pilot base (e.g. EWR, ATL, ORD, AD).
DomiciIe Backside of the CIock (DBOTC) A single duty period trip in which a pilot is scheduled, rescheduled, and/or extended during the period of time between 0115 to 0359 domicile time that starts and terminates in domicile. This does not include CDOs or duty periods involving training.
Duty - Any task that a pilot performs as required by the Company.
Executive Configured Aircraft A jet aircraft marketed for business use, or a non- business jet passenger aircraft with a seating configuration containing less than 50% of the aircraft's maximum marketed seating capacity.
Extension, Extend, or Extended Adding flying to a pilot's trip after the publication of the final schedule, that occurs on a day of scheduled work, but outside the original triphour period.
EIectronic AIert - An operational or scheduling text or email message from the Company to an email address or phone number chosen by a pilot.
First Officer (FO) A pilot who is second in command of the aircraft and has corresponding authority over all flight deck and cabin personnel in Accordance with this Agreement.
FIight Duty Period - A period that begins when a pilot is required to report for duty with the intention of conducting a flight, a series of flights, or positioning or ferrying flights, and ends when the aircraft is parked after the last flight and there is no intention for further aircraft movement by the same pilot. This includes duty performed before or between flight segments without a required intervening rest period.
FIight Duty Period Series - A group of FDPs which occur without 30 hours of rest. Section 2 Definitions 2-4
FIight, Segment, or Leg The movement of an aircraft for the purpose of flying from a given block departure to its next block arrival.
FIight Pay Hours The actual elapsed time from block-to-block or the scheduled time from block-to-block as originally published, whichever is greater, on all scheduled and non-scheduled flights.
FIight Training All training and testing which is required by the Company and which is conducted in an aircraft or in a simulator (including a fixed-based simulator for which flight training credit is granted by the FAA) as described in the FAA approved Company Flight Crewmember Training Program or the FAA approved Advanced Qualification Program.
FurIough The period of time during which a pilot on the master seniority list is not in the active employ of the Company as a pilot due to a reduction in force.
Ground Training All training and testing which is required by the Company and which is conducted in a classroom or at any place that is not usually associated with flight training, as described in the FAA-approved Company Flight Crewmember Training Program or the FAA approved Advanced Qualification Program.
HoIiday One of the following: New Year's Day, Memorial Day, ndependence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Home Airport The airport(s) designated by the pilot and served by the Company or applicable major partner within the continental United States in proximity to the pilot's residence. The Company may require proof of residence.
Home of Record The home address designated by the pilot. The Company may require proof of residence.
Home Study/CBT/Distance Learning Any required self-guided or self-study ground training requiring a record of completion or knowledge validation. This does not include messages or bulletins which require an acknowledgement.
InitiaI QuaIification Training Training for a category for which the pilot has not been previously qualified, including (OE) and transition training.
InitiaIIy QuaIified Having successfully completed initial or transition qualification training.
InvioIate Day Off, ImmovabIe Day Off, Guaranteed Day Off (GDO) A day off which must be counted toward minimum days off, may not be moved and on which a pilot will not be required to perform any assignment.
Section 2 Definitions 2-5 IrreguIar Operation (IROP) Severe weather or other unforeseen event(s) that significantly affect flight operations at any of the Company's domicile(s) as determined by the Operations Control Center (OCC).
Junior Assignment or Junior Assigned Assigning a flight assignment, in accordance with Section [25.X.], that begins on a scheduled day off to a pilot's schedule after publication of the final schedule.
Known FIying Revenue flying where the following is known by the Company: aircraft type, city pair, departure time, arrival time and the date(s) of operation.
Line of Time, Line, Line of FIying, or ScheduIe A regular or reserve line as constructed in accordance with Sections 11 and 25.
Line Check PiIot (LCP) A line pilot, selected by the company and authorized by the FAA, who is trained and qualified to perform duties such as providing operating experience, evaluating line pilots as required by the FAA or Company (such as line checks, Pilot Observation Program, Line Operations Quality Assurance, etc.) in accordance with the Flight Standards manual and this Agreement.
Line VaIue The time value of a pilot's scheduled, actual, or protected flight time (e.g. cancellation and reschedules); to include any deadhead, training, vacation, sick leave, or other pay items as provided by the Agreement.
LocaI Time (LT) Local time at the pilot's location.
Longevity A length of time beginning on a pilot's seniority date of hire and accrued for active and non-active service as provided in this Agreement.
Longevity Date A date used to calculate longevity, which will be a pilot's date of hire, adjusted in accordance with this Agreement.
Non-CPA Charter FIying Charter flying other than CPA Charter Flying.
OffIine PiIot A pilot removed from the monthly bidding process to perform non- flying duties within the Company.
OperationaI DeIay The delay of a pilot's flight because of operational conditions and requirements that are beyond the control of the Company, such as adverse weather, aircraft maintenance, including AOG (aircraft on ground), late-arriving passengers and their personal baggage, mail, servicing equipment deficiencies and air traffic control. t does not include late food service, catering or freight.
Operating (or OperationaI) Experience (OE) Training in the aircraft that includes initial operating experience (OE), supervised operating experience (SOE), and any other FAA-mandated supervised training on line. Section 2 Definitions 2-6
Open Time Unassigned Trips or Open Trips including all known flying.
Pay and Credit (or Paid and Credited) the amount of hours and minutes for which a pilot receives compensation in accordance with this Agreement and which will be accumulated toward his minimum monthly guarantee.
Pay Period A period of time that is the same as defined in Bid Period.
Pay Rate (or appIicabIe rate of pay) A pilot's hourly rate as specified in Section 3.
Pay Report An electronic screen in the Company's Computer System that displays current pay status for a pilot's schedule.
Per Diem A dollar amount paid per hour to cover a pilot's individual expenses.
PiIot A person whose name appears on the Seniority List.
PersonaI Drop A trip or a portion of a trip dropped at the pilot's request with approval from the Company.
Position A combination of a pilot's category and domicile.
Proficiency Check (or Proficiency Checkride) The maneuvers and procedures required for the purpose of maintaining qualification or the maneuvers and procedures for initial qualification in an aircraft-type.
ReguIar PiIot or LinehoIder A pilot who is awarded or assigned a regular line.
ReIease (or ReIease Time) The time that a pilot is released from duty for a legal rest break. This time will be at the completion of the debrief period following the block arrival of the last flight in a duty period, or, if a pilot is required to reposition an aircraft or perform other duties, release time will be computed from the time the duties are complete.
Removed for Operating Experience (ROE) When a pilot is removed from a trip or portion of a trip by the Training or Standards Department for the purposes of currency, line checks or OE.
Report Time The time a pilot is scheduled to report for duty.
Repositioning An assignment to move an aircraft on the ground or provide assistance to maintenance.
Section 2 Definitions 2-7 RescheduIe, RescheduIed, RescheduIing, or Reassignment removing a pilot from his trip or a portion thereof and/or adding flying to such pilot's schedule within his original trip-hour period in accordance with Section [25.XX.] and/or [25.XX.], except a pilot will not be considered rescheduled if he is removed from his trip or portion thereof due to illness, injury or emergency, leave of absence, retirement, suspension or termination or failure to report for an assigned trip or trip trade. For purposes of the rescheduling limitations of Section [25.XX.] and/or [25.XX.], a regular pilot's "trip includes all trips on his final schedule, or any flying awarded or assigned from future or current open time, including, but not limited to, junior assigned trips.
Reserve Day A day of duty assigned to a reserve pilot with no specific flight assignments.
Reserve Line A line consisting of reserve days, days off, or training.
Reserve PiIot A pilot who is awarded or assigned a reserve line.
Reserve AvaiIabiIity Period (RAP) - A period during which a reserve pilot is phone liable to the Company.
Rest Period (or Rest) a duty-free period, release to report, in accordance with the FARs and this Agreement.
Retired PiIot A pilot who resigns from the Company and who meets any of the following requirements:
1. 10 years of active service with the Company and no younger than 10 years before the FAA-regulated age of retirement; or
2. Reached the age of 50 with 10 years of active service with the Company and unable to maintain medical certification; or
3. Reached the age at which other non-management employees become eligible for retirement; or
4. Any other time by mutual agreement with the Company.
RX Day A phone availability period assigned to a blockholder for trip pay protection.
ScheduIed BIock or ScheduIed BIock to BIock A pilot's block time, for the purposes of pay and credit, is from block-out time to block-in time as published to the traveling public at the time of original assignment to the pilot. n the absence of a published scheduled travel time, such time will be based on reasonable estimates of taxi times, flight time, and historical delays. Section 2 Definitions 2-8
Seniority a length of time beginning on a pilot's date of hire, established, accrued and retained as a pilot in accordance with this Agreement.
Seniority List or PiIot Seniority List The pilot system seniority list established pursuant to Section 22 of this Agreement.
SpIit Duty Period (SDP) A FDP with a scheduled break in duty that is less than a required rest period.
Standards Department The department where Line Check Pilots are assigned, and which is responsible for all aircraft checking, FAA-mandated aircraft training, and operational experience.
Status Refers to Captain or First Officer.
Supervisory PiIot A pilot designated by the Company responsible for managing pilots and administering Company policy in a management position as Manager, or above.
Swap An exchange of trips on a pilot's line with open time.
Trade or MutuaI Trade An exchange of one or more trip(s) or portion(s) of trip(s) between two pilots.
Training any instruction, course of instruction, or testing, whether required by the FAA-approved training programs or by the Company.
Training Department The department where instructor pilots are assigned, and which is responsible for all initial, recurrent, upgrade, transition, and differences ground and simulator training.
Trip, Trip Hour Period, Trip Hours, or Pairing All of the elapsed time, on or off- duty, between the start of a duty period originating at a pilot's domicile and the completion of the last duty period which terminates at a pilot's domicile.
Vacancy A pilot position that exists or will exist because of additional or reallocated flying, advancements, leaves of absence, attrition, displacements or similar circumstances. The Company is not required to post or fill vacancies when it employs a sufficient number of pilots in accordance with Section [24.XX.] The Company is not required to post or fill vacancies for Supervisory pilots, Flight nstructors, and Line Check Pilots.
Vacancy Award Awarded or assigned equipment, status and domicile that a pilot holds based on his bid by seniority.
Section 2 Definitions 2-9 VoIuntary Assignment - A non-flying assignment accepted by a pilot including but not limited to: CRM instruction, ground school instruction, special project, office duty, or administrative duty.
VoIunteer Event - Any line check pilot training-related duty performed outside any scheduled line pairing. LCP has a right of refusal on any volunteer event.
Window of Circadian Low (WOCL) - The period between 0200 and 0559 acclimated time.
The 51-76 seat pay rates will be increased on July 1, 2015, January 1, 2017, and July 1, 2018 unless on that date the Company meets or exceeds the number of 51-76 seat aircraft in revenue service in the table below.
Date 51-76 Seat A/C 1-Jul-2015 79 1-Jan-2017 89 1-Jul-2018 99
EXAMPLE 1: On July 1, 2015 the Company has 75 51-76 seat aircraft in revenue service. Because the Company has not met or exceeded 79 51-76 seat aircraft, 51-76 seat pilots will receive a raise and will be paid according to the Raise #1 column.
EXAMPLE 2: Starting with Example 1, on January 1, 2017 the Company has 85 51-76 seat aircraft in revenue service. Because the Company has not met or exceeded 89 51- 76 seat aircraft, 51-76 seat pilots will receive a raise and will be paid according to the Raise #2 column.
EXAMPLE 3: On July 1, 2015 the Company has 85 51-76 seat aircraft in revenue service. Because the Company has exceeded 79 51-76 seat aircraft, 51-76 seat pilots will not receive a raise and will be paid according to the 1- Jan 2014 column.
Section 3 Compensation 3-4 EXAMPLE 4: Starting with Example 3, on January 1, 2017 the Company has 85 51-76 seat aircraft in revenue service. Because the Company has not met or exceeded 89 51- 76 seat aircraft, 51-76 seat pilots will receive a raise and will be paid according to the Raise #1 column. 3. A pilot's total monthly pay is the sum of regular pay and additional pay. 4. A pilot's monthly regular pay shall be his applicable rate of pay times the greater of his Minimum Monthly Guarantee ("MMG) or the sum of the credits for trip credit value as specified in C., below, deadhead credit RX days, maintenance flights, aircraft reposition, training, vacation, quarterly CBTs and sick leave. 5. A pilot's monthly Additional Pay ("Add Pay) is his applicable hourly rate of pay times the credits for trip credit value as specified in paragraph [C.], below, e.g. for trips picked up during the Line mprovement Window on days off, Junior Manning assignments, reassignments after original trip termination, recurrent training and associated travel on a day off, other than quarterly CBTs, drug and alcohol testing, pay for postponed vacation, pay associated with a reserve reassignment into a day off, and other items specified as Add Pay in the Agreement. B. Pay/Block Time 1. EMB-135/145 Fleet Block-out time occurs at the departure station when the Captain releases the parking brake and the main cabin door and cargo door are both closed for the first time. Block-in time occurs at the arrival station, or at the departure station in the case of a gate or air return, when the main cabin door is opened for the first time. 2. CRJ Fleet & New Equipment Block-out time occurs when an aircraft first moves from the ramp blocks under its own power or by pushback for the purpose of flight. Block-in time occurs when the aircraft comes to rest at the next point of landing or returns to the ramp. C. Duty Pay and Minimum Day Credits 1. Regular Pilot Section 3 Compensation 3-5 a. A pilot will be paid and credited, at the applicable rate of pay set forth in paragraph [A.], above, on a daily basis, the greater of:
(1) Paragraphs [1.b.] or [1.c.], below, for Continuous Duty Overnights (CDOs).
(2) Paragraphs [1.b.] or [1.d.], below for other than CDOs.
b. Block Hour Credit
The greater of actual or scheduled block time calculated on a leg-by-leg basis, including deadhead credit and any additional pay credits set forth in this Section.
c. Duty Hour Credit
1 minute of credit for each 2 minutes of originally scheduled duty time calculated for each duty period up to 12 hours of duty, and then 1 minute of credit for each 1 minute of originally scheduled duty time after 12 hours of duty.
d. Minimum Day Credit
3.86 hours of credit for each scheduled or actual calendar day of duty, and/or calendar day away from domicile. This provision will not apply to time spent in training (not including OE). For purposes of this paragraph, any trip that is scheduled to terminate prior to midnight LT but actually terminates between midnight LT and 0400 LT the following day will be paid a single minimum day credit.
2. Reserve Pilot
A reserve pilot will be paid and credited the greater of paragraphs [2.a.] or [2.e.], below.
a. A reserve pilot will be paid and credited, at the applicable rate of pay set forth in paragraph [A.], above, on a daily basis, the greater of:
(1) Paragraphs [2.b.] or [2.c.], below, for Continuous Duty Overnights (CDOs).
(2) Paragraphs [2.b.] or [2.d.], below for other than CDOs.
Section 3 Compensation 3-6 b. The greater of actual or scheduled block time calculated on a leg-by-leg basis, including any deadhead credits or additional pay credits set forth in this Section; or
c. Duty Hour Credit
For assignments performed, 1 minute of credit for each 2 minutes of originally scheduled duty time calculated for each duty period up to 12 hours of duty, and then 1 minute of credit for each 1 minute of originally scheduled duty time after 12 hours of duty.
d. Minimum Day Credit
A reserve pilot will be paid and credited the greater of paragraphs [d.(1)] or [d.(2)], below.
(1) The credit for each ready reserve assignment as provided by section [25.G.6.i.]; or
(2) 3.86 hours of credit for each actual calendar day of duty and/or calendar day away from domicile. This provision will not apply to time spent in training (not including OE). For purposes of this paragraph, any trip that is scheduled to terminate prior to midnight LT but actually terminates between midnight LT and 0400 LT the following day will be paid a single minimum day credit.
e. Application of Reserve Day Credit
f a reserve pilot flies more than 75 block hours in a month, he will receive credit for such block time plus 3.86 hours of credit for each reserve day(s) for which he did not receive a flight assignment in the month.
3. For purposes of this paragraph C.:
a. For any duty period that ends after midnight, all pay credits earned on that duty period will be applied to the day that the pilot began the duty period.
b. f a pilot is assigned (not traded for or picked up) a No Minimum Day (NMD) - designated trip, he will be credited a minimum of 3.86 hours for each calendar day of actual or scheduled duty for that NMD - designated trip.
Section 3 Compensation 3-7 D. Additional Pay ("Add Pay)
1. Pay for Drug and/or Alcohol Testing See Section [15.G.2.], Drug and Alcohol Testing.
2. Training
a. Computer Based Training See Section [11..1.b.(4)]
b. Voluntary Training on a Day Off See Section [11..1.e.], Training.
3. Pick-Up of open time on day(s) off during the Line mprovement Window See Section [25.F.11.d.], Scheduling.
4. Pick-Up of Open Time (when reserve coverage in domicile and status is less than 10%) - See Section [24.A.], Staffing and Vacancies.
5. Extensions/Junior Assignment
a. f a regular pilot is extended by the Company, such pilot will be paid and credited at his applicable hourly rate times 150% for the actual or scheduled block time outside his original trip-hour period, whichever is greater.
b. Any regular pilot who is junior assigned will be paid and credited at his applicable hourly rate times 150% the greater of:
(1) Actual block time (2) Scheduled block time (3) Minimum day credit for other than CDOs (4) Duty Hour Credit for CDOs
6. Voluntary Assignments
a. A regular pilot who accepts a voluntary assignment such as, but not limited to, CRM, on a scheduled day of work, will be paid and credited the following:
(1) Line value greater than minimum monthly guarantee:
Such pilot will be paid and credited 6 hours or lost credit hours, whichever is greater, for each day.
(2) Line value less than minimum monthly guarantee:
Section 3 Compensation 3-8 Such pilot will be paid and credited 2.25 hours as Add Pay. b. A regular pilot who accepts a voluntary assignment such as, but not limited to, CRM, on a scheduled day off, will be paid and credited 6 hours as Add Pay for each day. 7. At layover stations designated by the Company, such as HPN, MTY and SWF, the Company may require a pilot to report for duty early notwithstanding Section [12.F.], and such pilot will be compensated at his hourly rate, including any premium pay for an additional 15 minutes of flight pay. 8. Lost Days Off See Section [25.K.] 9. Pay for Red Flagged Open Time See Section [25.F.12.], Red Flagged Open Time and [25.G.9.], Reserve Red Flag. E. ROE Pay A pilot who is removed for operating experience (ROE) pursuant to Section [25.N.] will be paid and credited the greater of his actual or originally scheduled credit hours. F. Cancellation Pay 1. On a leg-by-leg basis, a regular pilot who has a trip, or portion thereof, cancelled or involuntarily removed from his schedule for any reason, other than his own illness, injury, leave of absence, retirement, training failure or delay, suspension, termination or failure to report, will be paid and credited his actual block hours or scheduled block hours, whichever is greater. For purposes of this paragraph, "schedule includes all trips for which a pilot is responsible regardless of the method by which he is assigned or awarded the trip. Once a trip is assigned, it is part of a pilot's schedule. 2. Legs nside Original Trip-Hour Period a. The Company may assign or schedule additional legs to a pilot which are within his original trip-hour period, as determined by the pilot's schedule. b. Assigned or scheduled legs will be pay-protected if the legs have been assigned or scheduled prior to the duty-in time established by the pilot's original trip-hour period, as determined by the pilot's schedule (hereinafter referred to as Section 3 Compensation 3-9 "pay-protected legs). A pilot's original trip-hour period will also be pay protected.
c. Except as provided in paragraph [F.1.], above, a pilot will be paid for pay-protected legs even if those legs are removed or cancelled. For each pay protected leg, a pilot will be paid and credited the greater of the actual or scheduled flight time.
d. f the Company assigns or reschedules additional legs to a pilot which are inside the original trip-hour period, and are assigned or rescheduled after the original trip-hour period begins, pay for such legs may be offset against pay calculations for cancelled or removed pay-protected legs inside the original period. n such circumstances, the pilot will be paid the greater of the cancelled pay-protected leg, the scheduled flight time of the rescheduled leg, or the actual flight time of the rescheduled leg.
e. The off-setting of legs will be on a day-by-day basis. Off-setting will be performed by comparing the pay-protected legs against the actual legs flown.
f. Except as provided in this Agreement, a pilot will not receive less pay than what was on his schedule at the time of duty-in.
3. Legs Outside Original Trip-Hour Period
a. For each leg, or part thereof, outside of a pilot's originally scheduled trip-hour period, as determined by the pilot's original schedule (hereinafter referred to as a "premium leg), a pilot will be paid and credited at his applicable hourly rate times 150% ("premium pay) as Add Pay.
b. Except as provided in paragraph [F.1.], above, if a premium leg, or part thereof, is removed, or cancelled, the pilot will receive premium pay and credit for the scheduled flight pay hours for that leg as Add Pay.
c. Premium pay will be paid independent of pay calculations for legs inside the original trip-hour period, as discussed in paragraph [F.2.], above. A pilot's pay and credit for premium legs will be calculated (and paid) without regard to any rescheduling or reassignments that occur within the trip-hour period. Premium pay for premium legs will not be offset against any pay calculations for legs inside the original trip hour period.
Section 3 Compensation 3-10 d. A pilot will not collect premium pay more than once for the same period of time. A pilot may not receive both premium pay for a removed or cancelled premium leg, and premium pay for a premium leg that overlaps the scheduled time of the cancelled or removed leg. n such circumstances, the pilot will be paid the greatest of the scheduled time of the removed or cancelled premium leg, the scheduled time of the premium leg flown, or the actual time of the premium leg flown, as Add Pay.
4. Nothing in this paragraph [F.] is intended to conflict with the terms and provisions set forth in Section 25 (or any other Section) of the Collective Bargaining Agreement between the parties.
G. Deadhead
A pilot will receive 100% of the applicable flight pay and credit hours as provided by Section 8.
H. Customs Pay
A pilot shall be credited 10 minutes for each instance that he clears U.S. Customs in the U.S.
. Reposition Pay
A pilot who repositions an aircraft will be paid and credited with 30 minutes in a hub and 15 minutes at an outstation, at his hourly rate. A pilot who repositions an aircraft is on duty, and duty time limitations apply in accordance with Sections 2 and 12. During tow operations only 1 pilot will be credited with a reposition credit for "riding the brakes.
J. Commencement of Pay See Section [24.J.], Advancement and Commencement of Pay.
K. EMB-135 Pay
1. An EMB-145 captain shall receive the applicable EMB-145 hourly rate for all credited time on the EMB-135/145.
2. An EMB-135 captain shall receive the applicable EMB-135 hourly rate for credited "soft time (e.g., training, vacation, drug & alcohol testing, ready reserve, etc.) with the exception of paragraphs [K.4.-5.], below.
3. An EMB-135 captain shall be paid the hourly rate applicable to the aircraft flown (EMB-135 or EMB-145) for the greater of scheduled or actual block time, and for aircraft repositions. Section 3 Compensation 3-11
4. Flight cancellations shall be credited at the hourly rate applicable to the aircraft of the cancelled flight.
5. n the event of an equipment substitution, an EMB-135 captain shall be credited at the hourly rate applicable to the aircraft actually flown.
6. n the event of a reassignment following a cancelled flight, an EMB- 135 captain shall be paid the greater of the cancelled flight, pursuant to paragraph [L.4.], above, or the newly assigned flight (actual or scheduled). See pay examples in Appendix [X].
7. An EMB-135 captain, who is subsequently awarded an EMB-145 captain vacancy in his current domicile, shall receive the EMB-145 pay rate on the first day of the bid period following the posting of the bid award. An EMB-135 captain, who is awarded an EMB-145 captain vacancy in another domicile, will receive EMB-145 pay when he is advanced to his new domicile.
8. EMB-135 captains shall be considered to be in the same domicile and status as EMB-145 captains for monthly line and vacation bidding.
9. EMB-135 Staffing
The Company shall staff the number of system-wide EMB-135 captain positions at a ratio no greater than 5 per each active EMB-135 airframe.
EXAMPLE: The Company sells 1 of its 30 EMB-135s, leaving it with 29 EMB135s. Thus, the Company can staff no more than 140 EMB-135 captains because 28 airframes multiplied times 5 captains per airframe equals 140, The 29th airframe is not active because it is in C check.
EXAMPLE: The Company sells 10 of its 30 EMB-135s, leaving it with 20 EMB-135s. Thus, the Company can staff no more than 95 EMB-135 captains because 19 airframes multiplied times 5 captains per airframe equals 95. The 20th airframe is not active because it is in C check.
10. f an EMB-135 or EMB-145 captain is awarded a base trade with an EMB-145 captain, and he is junior to any EMB-135 captain in his new base, the most senior EMB-135 captain in that base will become an EMB-145 captain and the junior captain awarded the base trade will be an EMB-135 captain.
Section 3 Compensation 3-12 L. Maintenance and Ferry Flights Pay
1. For a maintenance or ferry flight on a pilot's day off, a pilot shall receive as Add-Pay a minimum of 3.86 hours, or actual flight time, whichever is greater.
2. For a maintenance or ferry flight on a duty day, a pilot shall receive credit for scheduled or actual flight time, whichever is greater. For purposes of compensation computation, maintenance flights from a domicile or base will be scheduled for a minimum of 1 hour. Maintenance flights from other than a domicile or base will be scheduled for a minimum of 30 minutes.
3. Maintenance and ferry flights on a scheduled duty day will be paid as a reassignment as provided by this section.
M. New Hire Pay
1. During new hire initial training, until a pilot commences OE, a pilot will be paid a salary of $300 per week. Upon commencement of OE, he will be paid the applicable rate of pay set forth in paragraph A., above.
2. Such pilot will receive per diem in accordance with Section 5.
N. Pay Administration
1. Pay dates shall be the 15th and the last day of each month. f a pay date falls on a Saturday, Sunday or a bank holiday, paychecks shall be issued on the preceding business day.
2. Checks issued on the 15th of each month shall include 50% of the that month's MMG or adjusted MMG at the applicable rate of pay, uniform maintenance and replacement allowance, and the remaining pay due, additional pay and per diem from the previous month. Checks issued on the last day of each month shall include 50% of that month's MMG or adjusted MMG at the applicable rate of pay.
3. f a pilot's rate of pay changes during a bid period, his pay for the bid period will be based on the number of days at each rate.
4. The longevity of a pilot shall accrue from the pilot's first day of training by the Company and shall continue to accrue thereafter during his period of active service with the Company except as otherwise provided for in this agreement.
Section 3 Compensation 3-13 5. The Company will make available to each pilot electronically a current status of his pay credit, on a day-for-day basis, for the current month.
O. Pay Discrepancies
1. Crew Comments
a. f a pilot believes that there is an error in his pay calculation prior to receiving his pay check, he must submit a crew comment that describes the discrepancy.
b. Crew comments submitted prior to the close of payroll for a bid period will be processed prior to the paycheck on the 15 th of the month.
2. Pay Claims
a. f a pilot believes that there has been an error in his pay after receiving his pay check, he must submit an electronic pay claim that describes the discrepancy.
b. Pay claims submitted within 90 days of the paycheck date, will receive a response with the audit results within 10 business days.
c. f the pay shortage to the pilot is $100 or less, the shortage shall be added to his next available paycheck after the Company's response.
d. f the pay shortage to the pilot is more than $100, the shortage will be included in the next direct deposit run, or the pilot may contact the company to have a check for the shortage overnight mailed to his home of record or other address specified by the pilot.
3. f a pay claim or crew comment is denied, a reason will be given.
P. Audit Adjustments
1. The Company will notify a pilot and provide a detailed explanation no less than 30 days before performing an audit adjustment.
2. Any payment due to the pilot will be processed in accordance with paragraphs [P.2.c.-d.], above.
Section 3 Compensation 3-14 3. f a pilot is overpaid, the Company will establish a repayment plan not to exceed 20% of the net paycheck.
Q. Financial Performance Reward
1. When the Company's quarterly financial performance meets or exceeds 1% net profit margin, the Company will share its profits with all eligible employees.
2. Distribution is calculated by multiplying each employee's gross earnings for the quarter by the Company net profit margin (net income/total revenue).
Employee Gross Earnings X Net Profit Margin = Financial Performance Reward
3. Eligibility
a. A pilot with 2 or more years of active service will receive the full performance reward.
b. A pilot with at least 1 year of active service, but less than 2 years of active service will receive 50% of the performance reward.
c. A pilot must be on active status as of the last day of the quarter and must have worked at least one-half of that quarter for a payout for that quarter.
d. The pilot must be on active status on the day the quarterly payout occurs.
4. Quarterly gross earnings are calculated from the paychecks issued in that quarter, not the hours worked during that three month period.
5. Gross earnings are defined as all regular earnings before any deductions and include regular pay and additional pay, taxable per diem, and vacation payouts. Gross earnings do not include prior Performance Rewards, workers' compensation, reimbursed expenses, disability payouts, non-taxable per diem, or any other non-taxed reimbursement.
6. Net Profit Margin is calculated by dividing net income by total revenue.
7. Example:
Section 3 Compensation 3-15 Employees gross earnings for the quarter are $10,000.
The Company produces quarterly revenue of $250 million with a net income of $17.5 million.
Net Income ($17.5 million) divided by Revenue ($250 million) = 7%
Net Profit Margin Financial Performance Reward for Employee: $10,000 X .07 = $700
8. A pilot may elect to have up to 100% of all performance rewards (operational or financial) deposited into their 401k account pre-tax.
a. The Company will provide pilots with the operational performance payouts consistent with that provided to other ExpressJet employee groups.
b. Posting of information on Company website
(1) The Company will track so as to provide a quarter-to- date performance report of financial and operational performance data by listing the performance factors and operational factors for payout with established goals and actual results. Daily performance will be tracked for: On- time - D-Zero, On-time Arrival-14 and System Controllable Completion Factor, however, the Company will track Customer Satisfaction on a quarterly basis.
(2) The Association, upon request, may designate a member to review the ExpressJet fuel expense usage and/or expense as reported
(3) The Company will include a quarterly summary of historical payouts as required in this section that calculates the payout of the Performance Plus+ Plan financial performance reward and operational performance metrics.
(4) The Performance Plus+ Plan reports will be made available for review by a pilot on the ExpressJet website.
(5) The Company will post on the ExpressJet website the payout reward values so that a pilot may calculate his Section 3 Compensation 3-16 payout, e.g., the $100.00 for "Exceptional" On Time- performance , $75.00 for "Target" On Time, $60.00 for "Minimum" On Time.
(6) The Company will post on the ExpressJet website the required goals for Customer Satisfaction and System Controllable Completion Factor to receive such potential payout rewards.
c. The Company will meet and confer with the MEC Chairman at least 30 days prior to making changes in the Company's Performance Plus+ Plan operational performance metric percentage(s) or payouts, and prior to December 1 of each year to discuss the Profit Sharing and Performance Plus Plan for the following year.
10. Review of Calculation
The Company shall provide to the Association, within 75 calendar days following the end of a Plan Year, the financial results of the Company for such Plan Year and all information relevant to calculating the net income and the award amounts, if any.
4-1 4. MNMUM MONTHLY GUARANTEE A. A Pilot will be paid a minimum monthly guarantee (MMG) of 75 hours at his applicable rate, except as provided in Sections 4., 13., or 25. of this Agreement. B. Adjustments to a pilot's MMG due to unpaid absences after his final schedule is awarded or voluntary schedule changes will be as provided by Section 25.F.11. on a credit basis. Examples: 11. A pilot with a line value of 85 hours is placed on personal leave for 1 week, dropping a 20-hour 4-day trip. Start: Line VaIue Min Guarantee 85 Hours 75 Hours -20 Hours -10 Hours 65 Hours 65 Hours TotaI Pay: 65 Hours 12. A pilot with a line value of 95 hours is placed personal leave for 1 week, dropping a 15-hour 3-day trip. Start: Line VaIue Min Guarantee 95 Hours 75 Hours -15 Hours -0 Hours 80 Hours 75 Hours TotaI Pay: 80 Hours C. Adjustments to a pilot's MMG due to unpaid absences before his final schedule is awarded will be on a prorated basis determined by the number of days available. Examples: 1. A pilot is scheduled to return from leave on the 21st day of a 30 day month. Because he is available to work for 10 out of 30 days his MMG will be 25 hours (10 / 30 = 0.333 x 75 = 25 hours). 2. Prior to his schedule award, a pilot is scheduled to go on leave on the 16th day of a 30 day month. Because he is available to work for 15 out of 30 days his MMG will be 37.5 hours (15 / 30 = 0.5 x 75 = 37.5 hours).
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5-1
5. TRAVELNG EXPENSES
A. Per Diem
1. Line Operation
A pilot will receive the per diem amounts listed below for each trip hour. Per diem will be calculated from the time the pilot reports for duty at his domicile until he is released from duty at his domicile and will be prorated for portions of an hour.
Effective January 1, 2014 $1.75 Effective October 1, 2015 $1.80
2. Training
a. Following the completion of new hire training, a pilot will receive the per diem rate provided in paragraph A.1., above, for each duty hour in training away from domicile. Per diem will be paid during days off in training away from domicile provided the pilot remains at the training location.
b. f training is conducted in Foreign Locations, per diem will be determined as provided by Section 18.B.
3. Temporary Positions and Out of Domicile Reserves
A pilot who is assigned or awarded a temporary position or Out of Domicile Reserve (ODR) at a domicile other than his permanent domicile will receive the per diem rate provided in paragraph A.1., above, from the time he departs his permanent position domicile at the beginning of the temporary position or ODR until he returns to his permanent position domicile at the conclusion of the temporary position or ODR, except that the pilot will not receive per diem during any days during which the pilot is on vacation or a leave of absence. f, by mutual agreement, the Company has provided the pilot with a pass to return to his permanent domicile on such days off, the pilot will not receive per diem on such days.
4. New Hire Training
A pilot engaged in new hire training will not receive per diem. Such pilot will be paid per diem beginning when the pilot reports for the first Section 5 Traveling Expenses 5-2 day of Operating Experience. A new hire pilot in initial training will be provided a double-occupancy hotel room.
5. Domicile Change
When a pilot is awarded or assigned a new position involving a domicile change, he will be eligible for per diem pursuant to paragraph A.1., above, until he has received 4 consecutive days off following his last scheduled trip at his former domicile. A pilot who elects to perform any duty on any of these days off will be considered to have received such days off for the purpose of this paragraph.
6. Ready Reserve
A pilot assigned to ready reserve will receive the per diem rate specified in paragraph A.1., above, for time spent on ready reserve.
B. Lodging
1. Line Operation
a. The Company will provide single-occupancy lodging for a pilot during a trip when he is scheduled or rescheduled for a 5 or more hour period (3 hours if duty period spans 0100-0300 LT) between flights and/or duty periods away from domicile, and a 6 or more hour period on duty between flights and/or duty periods at domicile. For purposes of this paragraph, the period(s) of time between flights and/or duty periods is determined prospectively from the time of the scheduling or rescheduling.
b. The Company will provide lodging to a pilot on any unscheduled layover at the pilot's domicile.
2. Temporary Position and Out of Domicile Reserve
The Company will provide single-occupancy lodging when a pilot is assigned or awarded a temporary position or Out of Domicile Reserve at a domicile other than his permanent domicile. However, the Company will not be required to provide lodging: on days off in training when, by mutual agreement, the Company has provided the pilot with a pass to return to his permanent domicile on such days off, on vacation, or during a leave of absence.
3. Training
Section 5 Traveling Expenses 5-3 a. A pilot assigned to training at a location that requires air transportation from his domicile or home of record, whichever is less, will be provided such air transportation, a hotel room, and per diem (Hotel room accommodations and per diem depends on the start time on the first day of training and end times on last day of training.) from the time the pilot is required to report for duty at his domicile or home of record to the training location until he is released from duty at his domicile or his home of record, whichever is less. Air transportation is subject to the terms and conditions established by the air carrier partner.
b. A pilot assigned to training at a location that requires ground transportation from a domicile (e.g., Hobby Airport for a pilot domiciled in AH or Long Beach Airport for a pilot domiciled in ONT or LAX), will be provided such ground transportation, a hotel room if the training is for more than one event, and per diem as in paragraph A.1., above, except that if a pilot elects to provide his own transportation to the training event, per diem will only be from the time the training event begins until it ends.
4. All hotels will provide internet access, local calls and long distance access without charge. A pilot will be reimbursed for long distance charges for calls related to Company required business. Other additional or incidental charges (for room service, restaurant and/or pay television) will be the responsibility of the pilot.
5. The Company will provide and post a dedicated telephone number to Crew Scheduling for a pilot to call if he arrives at a hotel and there is no reservation. n such case, Crew Scheduling will provide the pilot a Company credit card number (or similar immediate method) to promptly guarantee the hotel payment and guarantee a hotel room reservation. The pilot and Crew Scheduling will set a reasonable rest period provided the totality of the circumstances.
6. Hotel Standards
a. The Company is responsible for selecting secure, safe, clean and comfortable lodging for crewmember overnight stays. The Company will consult and coordinate with the Association Hotel Committee as part of its selection process and prior to final selection of hotels. The Company will provide a list of hotels for the Association to consider in the selection process. f the list of hotels provided by the Company does not include hotels that meet the minimum standards specified below, or that list does not fairly balance the selection criteria specified below, upon reasonable request by the Association, the Company will Section 5 Traveling Expenses 5-4 provide additional hotels for consideration. Association requests will not be unreasonably denied.
b. The following criteria will be used as the minimum standards for all hotels selected provided that the Association Hotel Committee may agree to waive any of the following requirements:
(1) The hotel must be rated AAA three stars or better and provide for quiet rest. The Company retains discretion during an ROP to find alternate lodging if three star or better accommodations are not available;
(2) Rooms must be above ground, be accessed through interior hallways, and have chains, deadbolts, and/or security latches on doors;
(3) The hotel must include fire detection systems in guest rooms, hallways and public areas. All new hotels selected after DOS must include fire sprinkler systems in guest rooms, hallways, and public areas; and,
(4) Each room must have an alarm clock.
c. The hotel must have a full service restaurant and/or be within walking distance of a full service restaurant that is open during the hours of the crewmember's stay at the hotel. The Company, after consultation with the Hotel Committee, may designate up to 10% of layover hotels which do not have full service restaurants within walking distance. f there is not a full service restaurant in the hotel or within walking distance, or such restaurants are not open during hours of crewmember stays, the hotel will provide food service alternatives (e.g., a grab-n-go snack) or provide prompt transportation to and from a full service restaurant. The Association Hotel Committee may agree to waive transportation required in this paragraph.
d. For scheduled layovers of 15 hours or more, downtown locations will be provided. These hotels will meet the minimum standards listed above. Consistent with paragraph 7.b., below, the cost of such downtown hotel will not be the sole factor used to determine the selection of hotels.
(1) A "downtown location will include locations that are not "downtown but are metropolitan area "destinations that include ready access to public transportation, movie Section 5 Traveling Expenses 5-5 theaters, shopping and multiple restaurants. (Examples for DCA are: Clarendon/Ballston, Crystal City and Pentagon City. Examples for AD are: Tyson's Corner, Fairfax Corner and Reston Town Center. Examples for ATL are: Atlantic Station and Midtown).
(2) Costs will not be the sole determining factor when selecting between a downtown location and a destination location; however, cost is a factor when selecting a hotel among a list of hotels in a downtown or destination location.
(3) The Vice President Flight Operations, or his designee, and the Association Hotel Committee chairman may mutually agree to waive this provision on a city-by-city basis.
(4) f the Company determines that more than one overnight facility is appropriate at a particular location, the Association Hotel Committee will select from a list of appropriate overnight facilities offered by the Company.
7. Hotel Selection
a. n addition to the minimum standards identified above, the following criteria will be considered when the Company selects hotels from among those that meet minimum standards.
(1) The availability of an on-site fitness center, or free access and transportation to and from a fitness center;
(2) Distance from the airport;
(3) Availability of crew discounts and complimentary food;
(4) Availability of and proximity to multiple restaurants;
(5) The existence of hotel facilities and room amenities (e.g., in-room internet access, business center, pantry, iron/ironing board, mini-bar, elevator, hotel pantry, etc.); and
(6) Cost considerations.
b. No one criterion will be emphasized or elevated above another. nstead, the Company and the Hotel Committee will weigh and Section 5 Traveling Expenses 5-6 seek to fairly balance these selection criteria to arrive at the best overall pattern of crewmember accommodations. f application of hotel selection criteria results in the availability of more than one hotel in a location, the Association Hotel Committee will be permitted to make the final selection.
C. Hotel Committee
1. Upon request, the Company will meet with the Association Hotel Committee to confer about how standards and selection criteria are being applied and the suitability of hotels. The Company will make prompt inquiries into written complaints received from the Association Hotel Committee regarding the suitability of such facilities and will report its findings to the Association Hotel Committee.
2. f the Company and the Association mutually agree in writing that a hotel is no longer suitable, the Company will make arrangements for alternative lodging to the extent practical, including consideration of the existence of contractual commitments and the availability of suitable alternatives.
D. Transportation
1. When lodging is provided in accordance with paragraph B., above, the Company will provide on-demand transportation to and from the airport and provide such transportation service at least every 30 minutes. f transportation is not available within 30 minutes after block- in, the captain may pay for a taxi and will be reimbursed for that expense. Upon request, the Company and the Association Hotel Committee will meet to discuss problems involving transportation to and from the airport.
2. A pilot awarded or assigned a temporary position away from domicile will be provided on-line positive space travel to position for his first trip of the month and to return from his last trip of the month.
3. A pilot will not be required to operate his vehicle. f a pilot and the Company mutually agree that the pilot may operate his vehicle for business travel, he will be paid the RS approved reimbursement rate per mile.
E. Parking
1. The Company will pay the cost of parking at a pilot's permanent domicile.
Section 5 Traveling Expenses 5-7 2. The Company will pay the cost of parking at a pilot's temporary domicile unless it provides lodging where transportation to and from the airport is available.
F. Crew Meals
1. The Company recognizes the need to address pilot nutritional needs during duty periods involving flight operations.
2. Sufficient bottled water will be provided.
G. Miscellaneous Expenses
The Company will reimburse each pilot for the cost of passports, visas, and inoculations required by the Company. The Company will not require an inoculation(s) that is not recommended by an appropriate governmental entity. Airport or governmental charges (such as head tax, incurred for traveling on Company business) will be reimbursed by the Company.
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6-1
6. MOVNG EXPENSES
A. A pilot will be eligible for moving expenses if:
1. he is displaced; or,
2. he is awarded and advanced to a "new domicile. A new domicile is one that has been open for bid for 12 months or less.
B. A pilot eligible for moving expenses will be entitled to:
1. Actual moving expenses, including packing, shipping, insurance, unpacking, drayage and storage of personal goods and belongings for up to 60 days to a total weight of 12,500 pounds.
2. Vehicle Expenses
a. Domiciles within the contiguous 48 states
Mileage by the most direct AAA route at the rate recognized by the nternal Revenue Service for moving up to 2 vehicles from the pilot's current residence to his new residence.
b. Domiciles outside of the contiguous 48 states
(1) Vehicle expenses pursuant to [2.a.], above; or
(2) The actual cost of shipping up to 2 vehicles from the pilot's previous home of record to his new home of record outside the 48 contiguous states (not to exceed $1,250 per vehicle), whichever the pilot actually incurs; or
(3) The Company will reimburse the pilot for up to $1,250 toward the purchase, lease or long-term rental of one vehicle at the new domicile.
The election of [b.(1), (2), or (3)], above, will be at the pilot's option.
3. Meal expenses per day equal to the per diem allowance found in Section 5, Travelling Expenses (except for domiciles outside of the contiguous 48 states which will be paid at the per diem rate established pursuant to Section 18), for the pilot and each immediate Section 6 Moving Expenses 6-2 family member or dependent age 16 or older and 50% of the per diem allowance for each immediate family member or dependent under the age of 16.
4. Actual hotel expenses for the time en route to the new residence and for up to 3 days after arrival at the new location if immediate occupancy of the new residence is impractical.
5. Reimbursement for any penalty due to a broken lease and the cost of terminating and reestablishing utility and other services, including water, sewer, gas, electricity and telephone.
C. General
1. A pilot will have 18 months from the advancement date to the new domicile to claim moving expenses and benefits.
2. The Company will make information available to assist pilots in understanding Company policies and procedures regarding moving and moving benefits.
3. To be eligible for moving expenses, the following distance requirements must be met:
a. Regardless of the location of the pilot's current residence, the pilot's new residence must be within 150 AAA miles of the newly awarded domicile; and
b. The pilot's new residence must be at least 50 AAA miles closer to the newly awarded domicile than the pilot's current residence.
4. The reimbursement to the pilot for the expenses provided in paragraphs B.2., 3., 4., and 5., above, will not exceed $5000.
5. A pilot who is eligible for moving expenses, and who moves, will be removed from duty on 4 originally-scheduled work days for a domicile within the contiguous 48 states and 8 originally-scheduled work days for a domicile outside of the contiguous 48 states to facilitate his move.
a. A pilot's line value will not be reduced as a result of the utilization of moving days.
b. Moving days may be split.
Section 6 Moving Expenses 6-3 c. Moving days will be coordinated with Crew Planning.
d. f the Company and the pilot are unable to mutually agree upon the moving period, the pilot will give the Company 3 blocks of the required number of consecutive days. The blocks will not contain a holiday as defined in Section 2. The Company will choose one of the 3 blocks.
6. A new hire pilot will be given 4 days from completion of OE to relocate to his initial assignment.
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7-1
7. VACATON
A. Vacation Accrual
1. Vacation credit will accrue on a monthly basis, earned on December 31 of each year, and be taken the following year, in accordance with the following schedule:
Active Service AccruaI Rate Less than 1 year. 7/12ths of a day per month Beginning the first January 1 after a pilot's longevity date.
14/12ths days per month Beginning the 6th January 1 after a pilot's longevity date.
21/12ths days per month Beginning the 10th January 1 after a pilot's longevity date.
28/12ths days per month
2. For purposes of this Section 7, 15 or more days of active service will constitute a full month of service.
3. Accrual of vacation credit will terminate with the last day of active service as a pilot.
B. Vacation Pay
A pilot will be credited with 3.75 hours for each day of vacation. A pilot will be paid for vacation at the rate of pay for the status and equipment in which he is qualified or pay protected at the time vacation is taken or paid.
C. Vacation Periods
Vacation will be awarded in 7 day periods. Vacation periods will start with the 1st Monday in January and will be numbered 1 through 52. A pilot who has accrued less than 7 days of vacation (or multiples thereof) will be awarded a partial week of vacation. A partial week of vacation will begin on Monday and run consecutively for the number of days awarded.
D. Vacation Bidding
1. A pilot shall be entitled to bid all vacation accrued, and which would be accrued through the end of the year, assuming continuous service. n making this calculation, any fraction of a day shall be rounded up to the next highest whole number.
Section 7 Vacation 7-2 2. No later than September 1st of each year, the Company will publish a list by seniority order, showing the projected number of vacation days that will be accrued by each pilot as of December 31st.
3. No later than September 15th of each year, the Company will post a vacation bid package, by position, covering the ensuing calendar year. There will be sufficient vacation periods published to accommodate all known vacation for the ensuing year. A vacation period will consist of 7 days commencing on a Monday. Subject to Section 13.L.3.d.(2)., such periods will be equally distributed among all weeks in the year by position (rounded up), except that the Company may reduce the number of periods in any 6 bid periods by no more than 20% from the equal distribution. The periods that were removed will be added to other weeks during the year, no single week may be increased by more than 20%
EXAMPLE: The number of vacation weeks required to have sufficient equal distribution weeks in a position is 10 slots per week; the following is the maximum permissible variance
4. Bidding will begin at 0001 ET on October 16th and end at 2359 ET on October 31st.
5. A pilot will bid for vacation in his position based on the last vacancy award, or a subsequently approved domicile trade, prior to the opening of the vacation bid.
6. Vacation shall be awarded by seniority and shall be posted by November 7th. f any discrepancy is noted, the pilot must notify Crew Planning by email no later than 2359 ET on November 17th.
7. Vacation Bidding Process
a. The vacation bidsheet will consist of 212 individual blocks.
(1) Each block will have the option of up to 212 individual choices.
(2) A pilot will have the ability to select multiple consecutive weeks as a single choice.
Section 7 Vacation 7-3 (3) Awards will be processed in order of choices within a block, then in order of block priority.
(4) Once an award has been made within a block, or if no vacation weeks from that block remain available, the system will move to the next block.
b. For pilots who fail to bid enough choices:
(1) Vacation weeks will be awarded beginning with the first available week in January in inverse seniority order.
(2) Weeks will be awarded 1 week at a time.
(3) The most junior pilot will be awarded first, and then the system will move up in inverse seniority order.
(4) Once the most senior pilot has been awarded 1 week of vacation, the system will start over with the most junior pilot who still has vacation week(s) remaining.
(5) This process will be repeated until all accrued vacation has been awarded.
c. A pilot vacation bid will be preserved as his default bid for the following year.
E. Vacation Postponement
1. The Company may not cancel a pilot's vacation. f Company operations necessitate the postponement of vacations, the Company will first solicit volunteers for such postponement. f there are insufficient volunteers for such postponement, the Company may make such postponements mandatory. The Company will give at least15 days' notice of vacation postponement.
2. Voluntary postponements will be awarded in seniority order. nvoluntary postponements will be awarded in inverse seniority order.
3. A pilot whose vacation is postponed pursuant to paragraph E.1., above, may select a non-postponable vacation from open vacation for the current year or may add such vacation as non-postponable vacation to the ensuing year's usable vacation. After such vacation has been awarded, a pilot will designate which period(s) will be non- postponable. A pilot will have the option of receiving vacation pay in lieu of rescheduling a postponed vacation period. Section 7 Vacation 7-4
4. When scheduled vacation dates are involuntarily postponed by the Company, the Company will reimburse the pilot for all non-refundable deposits made by the pilot in reliance upon the originally scheduled dates. The Company must be expeditiously advised by the pilot that postponement of a scheduled vacation will result in a forfeiture of a deposit. The pilot will be reimbursed within 30 days of submitting appropriate documentation of the forfeited deposits. The pilot will use his best efforts to assist the Company in the recovery of the deposit.
F. Vacation Buyback
1. A pilot may volunteer at any time to sell a week or partial week of vacation back to the company. Such pilot will be credited with the value of the week of vacation as Add Pay.
2. The Company may request volunteers to sell their vacation back to the company. The vacation buyback window will be open for a minimum of 7 days.
3. The Company may elect to buy back vacation at a premium rate. Such premium rate will be made available to all pilots in a position.
4. The Company may elect to buy back the vacation of all volunteers or a specific number of volunteers, by position in seniority order.
5. A pilot who elects to sell his vacation will be credited with the value of the week of vacation as Add Pay.
6. n order to be eligible for vacation buyback, a pilot must hold the week of vacation prior to the Company soliciting volunteers.
7. The Company may prohibit open time trades within 45 days of the start of a vacation week they bought back.
G. Day-at-a-Time (DAT) Vacation
After the awarding of the vacation weeks, a pilot will be permitted to use up to 4 days of earned vacation each calendar year as Day at a Time (DAT).
1. Availability of DAT days
a. A pilot will be awarded a DAT only if he has sufficient earned and awarded vacation.
Section 7 Vacation 7-5 b. When requesting the DAT a pilot may designate which week and which day(s) from earned that the vacation days will be deducted. f the pilot does not designate the week the Company will take the last days from his last vacation week that year. The same number of days granted will be deducted from the earned vacation week.
c. A DAT may be used on a day of a flight assignment or a reserve day.
2. Awarding of DAT prior to month starting:
a. The Company will offer a prebid prior to the monthly bidding.
b. A pilot submitting for a DAT request must do so by the 5 th of the month prior to the month in which he is requesting. The Company's decisions to grant such request will be made 2 days prior to the bid opening.
c. The Company will grant a request for DAT consistent with the needs of the service. n the case of a denial, a reason will be provided.
d. The awarded days will be placed on the pilots scheduled as preassigned credits.
e. The DAT will be paid and credited at regular vacation credit for each day of DAT used.
3. Awarding of DAT(s) after the month begins:
a. Once a month begins a pilot may submit for DAT up to 72 hours prior to the report time of a trip or reserve on call period through a method on the Company website.
b. The Company will grant a request for DAT consistent with the needs of the service. n the case of a denial, a reason will be provided.
c. The Company's decisions to grant such request will be made by the later of:
(1) 72 hours before the report time of the trip or reserve on call period, or
(2) 48 hours after submission. Section 7 Vacation 7-6
d. A pilot will be released when the trip transitions through his domicile on the day of or day prior at the pilots' option.
e. A pilot will be granted a DAT as a single day or consecutive days.
4. Schedule modifications as a result of a DAT
a. A regular pilot who uses a DAT and then returns to a trip will be reassigned as follows:
(1) Crew Scheduling may deadhead the pilot from his current location without pay or credit to rejoin his scheduled or rescheduled trip.
(2) place the pilot on his trip when it transits his domicile,
(3) reschedule the pilot for another trip in accordance with Section 25.XX,
(4) if Crew Scheduling is unable to reassign the pilot under paragraphs a.(1)-b.(3), above, such pilot may, by mutual agreement between the pilot and Crew Scheduling the pilot may be placed on a RX day(s).
b. A reserve will resume his on-call period period(s) or schedule.
5. Pay and Credit
a. f breaking of a trip is required the min-day credit will not be paid on the day(s) of the break of the trip.
b. A pilot will only be paid for legs flown on day released. For example (if pilot breaks 4 day with 2 DAT vacation days released on day 2 only vacation pay will be paid for days 3-4)
c. A pilot will be paid the value of the vacation day for each day of DAT granted.
6. DAT General
a. A pilot will have his non-revenue pass privileges and the CASS system available or use on a DAT.
b. A pilot on a DAT will be subject to the same provisions as provided in paragraphs J. Section 7 Vacation 7-7
c. For the purposes this paragraph G., DAT for CDOs or BOTCs will be on a trip by trip basis and not a calendar day basis.
H. Vacation Open Time
1. A vacation period that becomes available due to resignation, termination, leave of absence, position change or exchange with open vacation will be placed in vacation open time by position. The unused vacation will be removed from the pilot's profile no later than close of business the day that pilot vacates the position, and made available for exchange by pilots on a first-come, first-served basis.
2. Domicile resizing
At the completion of a system bid, the company will reevaluate the vacation distribution to ensure it meets the requirements of paragraph D.3., above. An equal number of additional vacation slots will be added as required, and an equal number of vacant slots may be removed as required. n no case will a pilot's awarded vacation be cancelled as a result of this paragraph.
EXAMPLE: Before a system bid the EWR CA vacation grid has a baseline of 20 slots each week. After a staffing increase, in order to meet the requirements of paragraph D.3., the EWR CA vacation grid will need to be reset to a baseline of 25 slots each week. 5 additional slots will be added to each week in the EWR CA vacation grid.
EXAMPLE Before a system bid the EWR CA vacation grid has a baseline of 20 slots each week. After a staffing decrease, in order to meet the requirements of paragraph D.3., the EWR CA vacation grid will need to be reset to a baseline of 15 slots each week. 5 vacant slots may be removed from each week in the EWR CA vacation grid.
3. The Company will electronically depict the changed vacations on a vacation grid and if not available for pilot viewing, the Company will provide the Association a monthly report of the vacation transactions
4. Vacation open time exchanges and trade requests will be made available electronically on the Company website.
Section 7 Vacation 7-8 5. Vacation open time exchanges and trade requests will be processed immediately. Transaction results will be sent to the pilot(s) by email and reflected on each affected pilot's "My Vacation.
6. Vacation open time exchanges will be processed until 1700 on the 45 th day prior to the month containing the first vacation period affected by the change.
. Vacation Trades
1. A pilot will be allowed to trade vacation with another pilot in the same position.
2. The Company will maintain the vacation trades on the Company website.
3. Vacation trades will be processed until 1700 on the 45 th day prior to the month containing the first vacation period affected by the change.
J. General
1. At any time after the vacation award as provided in paragraph D.6., above, the Company may add additional vacation slots in vacation open time.
2. A pilot will not be required to keep the Company notified of his whereabouts while on vacation.
3. A pilot will be permitted to pick up posted trips or trips from open time during his vacation week(s) and will be paid for both.
4. Bid Changes
a. Position Changes
The following procedures will be used to assign vacations after a position change:
(1) Voluntary Position Change
A pilot who changes positions voluntarily will select from the following options:
(a) Keep original vacation, if available (b) Select new vacation from vacation open time (c) Have vacation paid out Section 7 Vacation 7-9 (d) Postpone vacation until the following year after which it will become non-postponable
(2) Displacements
A pilot who is displaced will select from the following options:
(a) Keep original vacation (b) Select new vacation from vacation open time (c) Have vacation paid out (d) Postpone vacation until the following year after which it will become non-postponable
(3) f the Company creates a new position (e.g. a new domicile or aircraft type), except as provided in paragraph (2)(a), above, a vacation bid will be performed to assign vacations for all pilots initially assigned to the position.
(4) All vacation assignments due to position changes will be performed after the vacation grid is adjusted as provided by paragraph H.2., above.
b. Awarded or Assigned Training
(1) Training to Maintain Current Qualification
Training that is required for the maintenance of a pilot's current qualification (e.g., proficiency checks, recurrent training or other required special training) will not be scheduled to conflict with a pilot's vacation.
(2) Training Other Than to Maintain Current Qualification
f a pilot is scheduled for training (for other than to maintain current qualification) which conflicts with his vacation, he will rebid such vacation from open vacation in his position, unless he and the Company mutually agree that he will take the vacation. f there is no open vacation in his position, the pilot may:
(a) Postpone the vacation to the next year, at which time it will become non-postponable vacation (after the vacation has been awarded, a pilot will Section 7 Vacation 7-10 designate which period(s) will be non- postponable), or
(b) Receive vacation pay in lieu of rescheduling or postponing such vacation.
5. A Pilot who resigns and provides the Company with 2 weeks' notice, or retires, will be paid for all unused and accrued vacation.
8-1
8. DEADHEADNG
A. Deadhead by Air
1. When deadheading by air, a pilot will be provided positive space air travel at the highest priority allowed by the major partner.
a. For a deadhead assigned to a pilot on his schedule more than twenty-four (24) hours in advance, the Company will make the necessary reservation and will make a record locator number available no less than twenty-four (24) hours before the scheduled deadhead assignment.
b. For a deadhead assigned to a pilot on his schedule less than twenty-four (24) hours in advance, the Company will make the necessary reservation and will provide a record locator to the pilot at the time of assignment.
2. Deadhead will be credited and paid for the scheduled or actual flight time, whichever is greater, when traveling on Company flights or the scheduled flight time when traveling on another airline.
3. A pilot will deadhead only on FAR Part 121 or FAR part 135 passenger airlines or the foreign equivalent of a Part 121 passenger airline. Charter aircraft may be utilized by mutual agreement between the Company and the pilot.
4. A pilot will not be required to deadhead by occupying a jumpseat. However, a pilot may volunteer to occupy a jumpseat in order to accommodate an additional passenger.
5. Advanced Seat Assignments
a. The Company will provide deadheading pilots advanced seat assignments in accordance with applicable agreements.
b. Deadheading pilots will be added to the first class standby list of if the Company is permitted to do so.
c. f the Company is permitted to assign seats electronically, the seats will be assigned in accordance with the following priorities provided there is no conflict with the priorities established by the carrier that controls the seats:
Section 8 Deadheading 8-2 (1) Single seat row, e.g., Seat A on EMB-145 (2) Aisle (3) Exit rows (aisle or window) (4) Window (5) Middle
6. Scheduling
a. A pilot will be booked on the first available flight on the major partner system the pilot is supporting after his flight duty ends.
b. All scheduling of deadheads will be subject to the carrier's minimum connection times. Such connection times will be added after the pilot's flight duty ends.
c. f a pilot misses his scheduled deadhead, he will be booked on the next available scheduled flight on the major partner system the pilot is supporting.
B. Deadhead by Surface Transportation
1. Deadhead by surface transportation will be limited to the following means of conveyance:
a. Taxi b. Limo c. Shared or Private Van d. Private Bus e. ntercity Rail Passenger Transportation f. Ferry
2. A pilot will have the discretion to decline surface transportation deadhead when he deems it unsafe.
3. A pilot will not be scheduled to deadhead by surface transportation, excluding rail, for distances greater than 75 miles by the quickest route as measured by Google Maps. Maintenance bases will be excluded from this mileage limitation; however, the distance between the maintenance base and the designated airport will be no more than 150 miles. This restriction may be exceeded on a non-routine basis in the event of unusual circumstances (e.g. extreme weather events, airport closures, labor strikes, etc) or at other times with the approval of the MEC Chairman.
4. When deadheading by surface transportation, a pilot will be credited and paid 100% of the scheduled travel time published by the Section 8 Deadheading 8-3 transportation provider to the traveling public. n the absence of such published, scheduled travel time, travel time will be calculated by using the quickest route as measured by Google Maps to or from an assignment, assuming a travel speed of 50 miles per hour.
Example:
300 Google Maps miles x 100% = 300 miles 300 miles 50 mph = 6.0 hours of pay
5. A pilot will not transport revenue passengers in a motor vehicle.
C. Deadhead Options
1. Deadhead options at the beginning of a trip.
a. f a pilot is scheduled to report for a trip that originates with a deadhead from his domicile to an outstation airport, the pilot may request to report for the trip at the outstation airport.
b. A pilot utilizing this deadhead option must report for duty at the outstation airport 45 minutes prior to the first leg he is scheduled to fly. Such pilot must notify Crew Scheduling immediately upon his arrival at the airport from which he will commence the flying portion of his trip.
2. Deadhead options at the end of a trip
a. Regular Pilots
(1) When a pilot's trip is scheduled to terminate with a deadhead to his domicile, he may, in coordination with Crew Scheduling, terminate his trip at that outstation airport.
(2) Pilot requests to Crew Scheduling in paragraph 3.a., above will be approved unless Crew Scheduling has an additional flight assignment that same day that is assigned to the pilot within fifteen (15) minutes after block-in of his last leg prior to the original scheduled deadhead.
b. Reserve Pilots
A reserve Pilot may request to be released from duty prior to such scheduled deadhead. The granting of such request will be Section 8 Deadheading 8-4 based on duty limitations and the likelihood of a further assignment.
3. Compensation
a. A pilot released from a deadhead as provided by paragraphs C.1, or C.2.b., above, will be paid for the originally scheduled deadhead segment of his trip.
b. A pilot released from a deadhead as provided by paragraph C.2.a., above, will not be paid for the originally scheduled deadhead segment of his trip, however his MMG will not be reduced.
D. General
1. When the Company authorizes a rental vehicle for surface transportation, the pilot operating such vehicle will be covered by the Company's liability, comprehensive, and collision insurance policy. Should the pilot accept additional coverage offered by the rental agency, the Company will not be responsible for any additional cost for such coverage.
2. A pilot will not be required to use his personal vehicle for a deadhead, but if he is permitted to do so, he will be paid the mileage expense reimbursement as provided in Section 5, in addition to his deadhead credit.
3. Report time for a deadhead will be as provided in Section 12.
4. f a change to a major carrier's policy occurs regarding deadhead transportation, the Company and the Association will meet and confer upon request of either party to explore potential solutions.
9-1
9. MSCELLANEOUS FLYNG
A. Except as provided in this section, Non-Routine Flight Operations (NRFO) will be handled in accordance with the Flight Operations Manual.
B. Scheduling
1. NRFO will be scheduled as flight assignments for line pilots and events for nstructor Pilots and Line Check Pilots, as provided by this Agreement.
2. Group 1 NRFO will be performed by line pilots, Line Check Pilots, nstructor Pilots, or Management Pilots.
3. Group 2 NRFO will be performed by Line Check Pilots, nstructor Pilots qualified line pilots, or Management Pilots. At the Company's discretion, line pilots may be trained to perform Group 2 NRFO on a voluntary basis.
4. As provided by regulation, the Company may exempt a Group 2 NRFO to be performed by line pilots.
C. NRFO will be compensated as a flight assignment as provided by this Agreement.
D. NRFOs pertaining to system functional checks (e.g., air conditioning, radar, landing gear, etc.) will not be conducted by any captain operating as PC on High Minimum status. Such NRFOs will be conducted in accordance with the following:
1. Day
Weather conditions are forecast to be at or above landing minimums for the duration of the NRFO.
2. Night
No pilot will be required to conduct a NRFO under this paragraph if the weather conditions at the departure and destination airports are forecast or reported to be less than alternate minimums for the duration of the NRFO.
E. No pilot will be required to conduct a NRFO for major component checks or a test flight involving an engine shutdown unless the PC is an instructor pilot Section 9 Miscellaneous Flying 9-2 or check airman and such NRFO is conducted in accordance with the following:
1. Day
The ceiling is at least 1,000 feet and visibility is 3 miles.
2. Night
The ceiling is at least 2,000 feet and visibility is 3 miles.
F. Common Variant
1. The following examples will be considered separate single aircraft types:
a. CR7 and CR9 b. CR2 c. EMB-135 and EMB-145 d. AT7
2. f a new aircraft type shares a single type rating with one of the aircraft types in paragraph [F.1.], above, it will be added to that common variant, otherwise it will be added as a new separate type.
3. A pilot (excluding instructor pilots, supervisory pilots, management pilots and administrative pilots) will only be required to maintain qualification on 1 aircraft type as described above.
10-1 10. TRANSFER TO OR RETURN FROM NON-FLYNG OR SUPERVSORY DUTY A. A pilot transferred by the Company to non-flying or supervisory duty will retain and continue to accrue seniority and longevity. B. A non-flying or supervisory pilot will bid for permanent positions, but the awarding of such positions will be solely for the purpose of determining the position to which such pilot could return. Upon return to line flying, a non- flying or supervisory pilot will bid in his permanent position. C. When a pilot is released by the Company from non-flying or supervisory duty or desires to return to the line from such duty, he may exercise his seniority to return to his permanent position, provided he has not been discharged for reasons that would also be just cause for discharge as a pilot. A pilot's return to line flying will be coordinated with the Company. 1. f such pilot returns to line flying in time to bid a line of time, he will bid for his schedule as provided by this Agreement. 2. f such pilot does not return to line flying in time to bid a line of time, his schedule will be constructed as provided for in this Agreement. D. A pilot who is discharged from a non-flying or supervisory position and not permitted by the Company to return to line flying may grieve such refusal under Sections 19, 20 and 21. Nothing herein is intended to provide access to the grievance procedure for any pilot in a non-flying or supervisory position for any condition of employment related to his non-flying or supervisory position. E. Supervisory pilots will be permitted to fly consistent with the provisions of this Agreement.
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11-1
11. TRANNG
A. Train to Proficiency
The Company's training programs are designed to maximize a pilot's ability to successfully complete training and to continue employment as a pilot. A pilot will receive training sufficient to successfully complete the course of training and be recommended for a check ride.
B. Curricula
1. The Company will establish written curricula for all training programs and study courses consistent with the Company's FAA-approved training program(s).
2. The Company will meet with the Association Training Committee and receive its recommendations before implementing any new training program or study course. f the FAA requires training programs or study courses to be implemented immediately, the Company may implement such programs and confer with the Training Committee as soon as practical.
3. Approved training programs and proficiency standards will be available for review by the pilots.
4. A pilot will not be required to pay for the use of any training equipment or course materials.
5. The Company will supply each pilot assigned to training the information listed below not less than 14 days prior to the commencement of training and before the beginning of the bid period of recurrent training. The information required in Paragraphs a. and b., below, will be posted on the Company website.
a. The location(s) and available dates for recurrent ground school/AQP
b. The name and contact information of the Company representative responsible for each phase of the training program
c. The curriculum or syllabus of training
d. The training and checking procedures to be accomplished Section 11 Training 11-2
6. Home Study/CBT
a. Each CBT module will display an estimated time to complete.
b. A pilot's progress within each CBT module will be saved between sessions, except for tests.
c. Each course will list the total pay.
C. Assignment to and Release from Training
1. The Company will provide training to pilots as required by Section 24, or for currency for his awarded or assigned position in accordance with this Agreement.
2. No pilot will be assigned training for disciplinary purposes.
3. The Company will provide notice of the training start date in accordance with Section 24, Filling of Vacancies.
4. A pilot will receive not less than 5 days notice of recurrent training, except as provided in paragraph C.5., below.
5. f the start of recurrent training is delayed to the point where such training cannot be completed within the time limits provided by this section, the training will be rescheduled and the affected pilot will be released unless the pilot agrees to remain later for completion of training. f recurrent training is rescheduled pursuant to this paragraph, a pilot will be provided 11 hours rest if the training is rescheduled for the following day. f the training is rescheduled to occur beyond the following day, the pilot will be provided at least 24 hours notice.
6. Changes to the start date, if earlier than previously scheduled, will be provided to the pilot not less than 5 days before the start date of training unless the pilot agrees that 5 days notice is not necessary. Changes other than an earlier start date to training, (e.g., location, materials or contacts) will be provided to the pilot as soon as practical after they are known.
7. A pilot will be released from training prior to its completion only when:
a. he is unavailable pursuant to Section 13 or 14, which precludes his completion of training within a reasonable time.
b. he withdraws or is withdrawn from training. Section 11 Training 11-3
c. otherwise determined by the Training Review Board ("TRB).
8. A pilot whose training is interrupted because of his unavailability will be provided with appropriate retraining when his training is resumed.
D. Schedule, Hours, and Rest
1. Ground school will not exceed 9 hours per day including a meal break, except as specified below.
a. Ground school may be extended to 10 hours including a meal break when circumstances exist that prevent the training from being accomplished (e.g., fire alarm or power outage).
b. Recurrent ground school may be extended to 10 hours including a meal break on the day on which emergency drills training is given.
2. Ground school will not start before 0700 local time and will be scheduled to complete no later than 2400 local time.
3. Flight Training Device (FTD) and simulator training will not be scheduled to exceed 5 hours per session (excluding briefing and debriefing), 2.5 hours without a break, and 2.5 hours per pilot. Actual training will not exceed 5 hours per session, 3 hours per pilot and 3 hours without a break.
4. Aircraft training (other than OE) will not be scheduled to exceed 5 hours per session (excluding briefing and debriefing), 2.5 hours without a break, and 2.5 hours per pilot. Actual training will not exceed 5 hours per session, 3 hours per pilot and 3 hours without a break.
5. A pilot will receive at least 11 hours of rest at his domicile or temporary position prior to the start of training. f completion of a trip the day before training will result in less than domicile rest, Crew Scheduling will determine whether the pilot will complete the trip and be reassigned for training after the 11 hours of rest, or be released from the trip early to obtain the 11 hours of rest prior to the scheduled training. This rest may be reduced with the pilot's approval if the Company provides a hotel room, at the pilot's request, at or near the training location.
6. The provisions of 25.XX apply to trip trades, exchanges and pickups of posted trips associated with recurrent training. n cases where the Section 11 Training 11-4 required rest will not be met, Crew Scheduling will determine if the trip will be completed or if the training will be rescheduled.
7. f a pairing is modified as provided in Section 25 to schedule recurrent training, the training can be scheduled to start prior to the original trip start time before it was modified for training.
EXAMPLE: A pilot has a 3-day trip with a show time on the first day of 1400 LT. As long as the pilot receives the required rest, his schedule may be modified for training such that the first day he may be given a start time of 0700 LT for AQP Ground School.
8. A pilot in training will be provided at least 10 hours rest between ground school sessions, 11 hours rest between the scheduled end of ground school sessions and flight training sessions (including FTD's) and 11 hours rest between flight training sessions.
9. A pilot will receive domicile rest after completion of training.
10. A pilot will not be required to remain on duty for more than 14 hours of training or required travel and training in the same duty period. The calculation of duty time for required travel will be based on the scheduled travel time to a pilot's domicile or, if provided travel to or from his home of record, the scheduled travel time to his domicile or home of record, whichever is less.
11. A pilot's simulator and FTD locations within a single contiguous block of training days will be consistent, simulator and FTD start times may vary by up to 4 hours. The selection of simulator and FTD periods and locations will be in accordance with seniority within the training class.
12. Simulator and FTD periods between 0001 LT and 0600 LT will be assigned in the following order:
a. new hire training b. additional training c. transition or differences training d. requalification training or landing currency e. upgrade training
13. Recurrent training will not be scheduled during the hours of 0230 LT and 0600 LT unless the pilot requires additional training.
14. Training or required travel to training will not be scheduled on a pilot's days off unless a pilot has indicated his willingness to be trained or Section 11 Training 11-5 travel on his days off. f the pilot has so indicated, the Company may schedule the pilot's training and travel to training on one or more of the pilot's days off. Having indicated his willingness to train or travel on a day off, a pilot may designate a single block of consecutive days off within that month that he is not willing to train or travel to training.
15. Training Following Unsuccessful Performance
a. A pilot who requires additional training following unsuccessful performance will not have that training scheduled earlier than 11 hours nor later than 48 hours from the end of the unsuccessful performance, provided that the Company will not be required to disrupt the training schedule of others to comply with the requirement to schedule the training within 48 hours. The Company and pilot may mutually agree to schedule the additional training outside the above time limits.
b. Holidays specified in Section 2, and days off will not count against the above time limits.
16. A pilot will not be required to remain at the training location on days off.
17. A pilot who is receiving training and/or checking as recommended by the TRB will be given priority for selecting available ground school and simulator/FTD time slots.
E. nitial, Upgrade, Requalification, Transition, and Differences Training (Non- recurrent Training, or "NRT)
1. The Company will provide notice of the training start date in accordance with Section 24, Filling of Vacancies.
2. A pilot undergoing NRT will receive scheduled days off as follows:
a. At least 48 hours off immediately preceding the commencement of training, except for required travel to training.
b. Training will not exceed 5 consecutive days during any 7 consecutive day period.
c. Upon successful completion of Operating Experience (OE), a pilot will be given 2 days free from all duty in domicile. Crew scheduling will make necessary schedule changes to allow for Section 11 Training 11-6 the 2 day period free from duty. Such period may coincide with other required days off.
d. A pilot will be entitled to a minimum of 10 days off per bid month during NRT. Partial months will be prorated in accordance with the table in Section 12.
e. A pilot will have at least 1 day off prior to an oral, and at least 48 hours off prior to OE.
f. A pilot whose vacation conflicts with training will have the choice of rescheduling or being paid for the vacation as provided in Section 7.
g. A pilot may waive any of the days off requirements of this paragraph 2.
3. Operating Experience (OE)
OE will be scheduled upon completion of required training. When released for OE, a pilot will be contactable by Training Scheduling. n the event that a pilot's OE report time is moved earlier, at least 24 hours notice will be provided. Training Scheduling will assign OE in accordance with Section [25.XX].
4. Requalification
a. A pilot returning from an extended sick leave, leave of absence or furlough will receive at least the training specified by the FAA. A pilot may receive additional training consistent with paragraph A., above.
b. A pilot returning from an extended sick leave or a leave of absence who requires training will be assigned to the next available and applicable training class. f that class is full, and the returning pilot is senior to the most junior person in the class, the returning pilot will be assigned to that class and the most junior person in the class will be rolled to the next class, provided that the junior pilot's schedule is not final. f no pilot in the next available training class is junior to the returning pilot, the returning pilot will be assigned to the next available class in which he is senior to the most junior person in the class. This provision will not create any pay protection as a result of pilot(s) being bumped by a senior pilot from one class to another.
5. Voluntary withdrawal from NRT Section 11 Training 11-7
a. Withdrawal for hardship
(1) A pilot may withdraw from NRT upon demonstration of hardship sufficient to warrant the withdrawal.
(2) When ready to return, the pilot will notify the Company of his intent to either return to training or to return to his previous position.
(a) f a pilot indicates his desire to return to training, the Company will schedule the pilot for the next available and applicable training class. This assignment will not result in the displacement of any other pilots in training.
(b) f a pilot indicates his desire to return to his previous position, he will forfeit his awarded training, however, the pilot will remain eligible to bid again at the next Position Notice.
b. Withdrawal for personal reasons
(1) A pilot may withdraw from training for personal reasons only by mutual agreement with the Company.
(2) The pilot will remain eligible to bid by mutual agreement with the Company on the next Position Notice.
c. A pilot who withdraws from training will return to his previous position regardless of the existence of a vacancy as provided in Section 24. f the pilot's previous position no longer exists, he will be assigned the position that his seniority entitled him to in accordance with his Standing Bid on the most recent Position Notice.
6. A pilot who has not received a recommendation after his last scheduled simulator session will be granted a change of nstructor Pilot for further training.
7. A pilot who does not complete NRT successfully will be remediated as provided in paragraph H., below.
F. Recurrent Training/Continuing Qualification Event (CQE)
Section 11 Training 11-8 1. Recurrent classes for each month will be scheduled as follows for each equipment type:
a. At least 2 of the classes for each aircraft type will include Saturday and Sunday off.
b. Notwithstanding paragraph 1.a., above, at least 2 of the classes for each aircraft type will have a classroom time scheduled 1400 LT until 2300 LT with a Saturday or Sunday off.
2. Recurrent Training will be bid and assigned as provided in Section 25.
3. Status of pilot Unable to Complete Recurrent Training Within Grace Month
a. A pilot whose recurrent training is not completed by the end of the grace month because of delays attributable to him will receive his minimum monthly guarantee or the value of the trips actually completed and training pay, whichever is greater. f such pilot is not reasonably available to the Company for training, his MMG will be prorated as provided in Section [4.XX].
b. A pilot whose recurrent training is not completed by the end of the grace month because of delays attributable to the Company will receive the minimum monthly guarantee or his line value for that month, whichever is greater.
c. The Company will place such pilot in the first available class by cancelling the most junior pilot who is in his prior month. f no pilots are in their prior month, the Company will cancel the most junior pilot who is in his due month.
4. A pilot who does not satisfactorily complete a line check will be given up to necessary additional training and a recheck, provided that the pilot can obtain a recommendation for the recheck. f the pilot is not recommended for the recheck or if the recheck is not satisfactory, he will be referred to the TRB.
G. Evaluation
1. A pilot will be given an opportunity to become familiar with and adapt to the characteristics of a flight simulator before being required to take a CQE in that simulator.
Section 11 Training 11-9 2. CQEs will be given by an FAA examiner, or by a Check Airman/APD as provided by Part .
3. No maneuvers, questions, or evaluations will be required during a CQE other than those included in the Company's FAA-approved training program or those required by the FAA.
4. The right seat of a CQE will be occupied by a First Officer undergoing CQE or nstructor pilot as provided by Part .
5. A pilot who fails a CQE or does not receive a recommendation for completion of CQE associated with his training will be granted a change of both instructor and/or check airman and will be remediated as provided in paragraph H., below.
H. Remediation
1. The remediation strategy specifies the methodology that will be used to remediate unsuccessful testing, checking and evaluation events. The strategy details when and what may be repeated and whether or not additional training is warranted. The remediation strategy may result in a pilot being referred to the Training Review Board (TRB) and placed into a Special Tracking program. The TRB process represents a component of the total remediation strategy.
2. Special Tracking will be as provided in QSM Section 2. No changes will be made to the Special Tracking program without the approval of the Association unless required by law or regulation.
3. Training Review Board (TRB)
a. The purpose of the TRB is to:
(1) Review and evaluate the progress of a pilot referred to the TRB pursuant to QSM Section 2.b., and to make recommendations regarding such pilot in the training process.
(2) Administer and provide oversight to the Special Tracking Program and monitor compliance and completion.
b. The composition of the TRB will be:
(1) The Director of Flight Operations (Chair of the Board) or his designee (Chief Pilot or above)
Section 11 Training 11-10 (2) The Director of Training or his designee, and
(3) The MEC Chairman or his designee
c. Conduct of the Meetings
(1) Every effort will be made to provide the Board members and the pilot with copies of his training records and any other documents pertaining to the matter before the TRB at least 24 hours prior to the TRB meeting. The Board members and the pilot will be given sufficient opportunity prior to the TRB to review any records not supplied previously. The TRB will not take action based on any training records, statements, or documents that have not been made available to the Board and the pilot.
(2) Prior to making any decision, the TRB may consider any information presented by any TRB member, the pilot, Company, or Association representatives. Such information may be presented via any means acceptable to the TRB. The TRB shall act by unanimous agreement. n the event unanimous agreement cannot be reached, the matter will be referred to the Vice President of Flight Operations for review and final decision (no designee is permitted). The TRB decision will be written or oral and later reduced to writing. Such written decision will be provided to the pilot and TRB members within 3 business days.
(3) The TRB may recommend from the following options, not to include termination:
(a) additional training (b) change of instructor (c) leave of absence (d) assignment to Special Tracking, or (e) withdrawal from training as provided in paragraph H.8., below.
4. nvoluntary Withdrawal From Training
a. A withdrawal from training, as recommended by the TRB, requires the removal of a pilot from the permanent position for which he was being trained.
Section 11 Training 11-11 b. At the discretion of the TRB, a pilot who is withdrawn from his first attempt at a Captain or First Officer Category training program (initial, upgrade, transition, differences or requalification) will return to the first existing position listed below, vacancy notwithstanding:
(1) his last qualified position (2) a position previously qualified in and which he can hold (3) any position the pilot can hold based on his seniority and standing bid
c. A pilot who is withdrawn from his first attempt at a Captain or First Officer Category training program will be eligible to bid from his awarded position pursuant to b., above, after 6 months.
d. f during a pilot's second attempt at the same Captain or First Officer Category training a pilot is not recommended for advancement in training then he will be referred to the TRB for a remediation plan. f he is unsuccessful at, or is not recommended for, the first proficiency check attempt, he will be given up to 2 additional training sessions prior to reattempting. f he is unsuccessful at, or is not recommended for, the second proficiency check attempt, his continued employment will be at Company discretion.
5. The employment of a pilot who is withdrawn from a second opportunity for the same program will be at Company discretion.
6. A pilot will be offered the chance to resign prior to termination pursuant to this paragraph H.
. Compensation for Training
1. A pilot will be paid and credited pursuant to Section 3 as follows:
a. Except for home study/CBT training described in paragraph 1.b., below, a pilot will be credited 4.0 hours for each day of training plus the value of all trips flown during the month or MMG, whichever is greater.
b. f a pilot's final schedule is modified for non-recurrent training, pay protection for cancelled trips with be as provided by paragraph L., below.
c. Home Study/CBT Training Section 11 Training 11-12
(1) A pilot will be paid 1 hour for every 2 hours of the time value assigned to home study or CBT that is conducted independently and not at the training center.
(2) Home Study/CBTs will be paid on the 15th of the month following the training due date.
(3) Quarterly CBTs
(a) Annual distance learning will consist of 4 quarterly CBTs. Each quarterly CBT will be due by the end of the second month of the quarter.
(b) Quarterly CBTs will be Line Value CBTs.
(4) All CBTs not covered by paragraph (3), above, will be Add Pay CBTs.
d. Min day credit for deadheading on a travel day.
e. Deadhead pay in accordance with Section 8.A.2. for a deadhead on a training day.
f. Voluntary training on a day off provided in paragraph D.13., above, will be paid at 150%.
g. Line checks, and Operating Experience (OE) will be paid as a flight assignment(s).
2. Home Study/CBT Time Value
a. Home Study/CBT Training which replaces classroom training will be assigned a time value equal to the FAA approved credit.
b. Other Home Study/CBT Training will have an object time value mutually set by the Company and the Association.
3. Cancellation Pay
f a pilot's training is cancelled, he will be paid no less than if the training was completed as provided in paragraph .2., above.
4. A day of training that begins on one day and continues after 2400 but ends before 0201 on the following day will be considered to have occurred on the previous day, and a day of training that begins Section 11 Training 11-13 between 2200 and 2400 (inclusive) that ends on the subsequent day will be deemed to have occurred on that subsequent day. J. Travel To and From Training 1. Air travel to and from training will be in accordance with Section 8. 2. A pilot assigned to training outside of his domicile will be provided air travel to and from his domicile, or as permitted by the major partner to his domestic home of record, at his option. a. A pilot with 2 or fewer consecutive days off during training away from his domicile may either receive air travel or continue to receive lodging and per diem. b. A pilot with more than 2 consecutive days off during training away from his domicile may either receive air travel or remain at the training location. f he remains at the training location, he will no longer be entitled to Company provided lodging and per diem at the training location for those days off. 3. Travel requests will be coordinated through the Company website as soon as practical after schedules are final. 4. A pilot who will exceed the duty time limitations provided in this section on the day he returns from training may elect to have the Company provide lodging in the training location. K. General 1. The Company and Association recognize that adequate rest is essential for productive training. 2. All training will be limited to aircraft, simulator, FTD, ground school, or Home Study/CBT. 3. Upon request, a pilot will be given copies of his CQE reports and upon request will be shown the nstructor's or Check Pilot's report. 4. A pilot may waive training scheduling restrictions contained in this section, with Company approval. 5. Except for OE and line checks, a pilot will not be required to attend training or travel to training on Thanksgiving Day, the day after Thanksgiving, Christmas Day and New Years Day. Section 11 Training 11-14 6. A pilot will be granted a change in instructors or training partner unless the Company determines that his request is unreasonable.
7. The Association will have the opportunity to have an observer present during any training or checking session provided it does not delay training, the pilot(s) have no objections and subject to FAA limitations, if any.
8. A pilot will be provided the name of his scheduled instructor for simulator or aircraft training not less than 48 hours prior to the session. f requested by the pilot, the Company will advise him of a change of instructor by website or telephone during regular office hours prior to the beginning of the scheduled simulator or aircraft training.
9. A pilot will not be recorded without his knowledge. Pilot consent will be required if recording is not mandated by the FAA. Any video recording of a pilot's performance during training sessions will be provided to the pilot for review and erasure. A pilot is required to return the blank media to the Company for reuse.
10. A pilot may have access to his training file during normal business hours.
11. Meal breaks during training will be a minimum of 1 hour. f food is not available at or within walking distance of the training location, meal breaks will be extended as necessary.
12. The Company and Association will hold meetings not less than quarterly to discuss the following items:
a. Data, statistics and information related to standards, performance and evaluation of any training program.
b. Planned or anticipated changes to training curricula.
c. Any other training matters of concern.
L. Modification of Final Schedule for Non-Recurrent Training
A pilot's final schedule is modified for non-recurrent training as follows:
Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Orig X X 5.0 5.0 5.0 5.0 X X X 3.86 6.0 5.0 4.0 X X Act X X 5.0 5.0 5.0 5.0 X TNG TNG TNG TNG X X X X
Date 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Orig X 3.86 7.0 3.86 5.0 X X X 6.0 4.0 7.0 3.86 X X X Section 11 Training 11-15 Act X X TNG TNG TNG X X TNG TNG X X X X X X
His compensation will be determined by comparing his original schedule with his modified schedule on a day-by-day chronological basis. He will be paid the greater of his original assignment or his training pay.
A FDP and RAP may not exceed the lesser of 15.5 hours or the applicable FDP in paragraph [2.], above, plus 4 hours.
4. Deadhead
a. A duty period that ends with a deadhead, including a duty period consisting solely of a deadhead will be limited to 2 hours more than the applicable limit in paragraph [2.], above. Section 12 Hours of Service 12-2
b. A pilot may volunteer to exceed maximum duty time limits for the purpose of deadheading to his domicile for trip termination.
5. Continuous Duty Overnights (CDOs)
a. A CDO will not be scheduled to depart a domicile more than once.
b. A CDO will not be scheduled for more than 2 takeoffs.
c. A CDO will have at least a 5 hour scheduled break, from block- in to block-out, between the two legs.
d. A CDO will start and end at the pilot's domicile.
e. Prior to the report time of a CDO, a rest opportunity of at least 3 hours at a hotel will be scheduled between 2200 and 0500. This rest opportunity will not be provided until the first segment of the FDP has been completed.
f. A pilot will receive no less than the rest opportunity scheduled in paragraph [5.e.]. above.
g. The rest opportunity provided during a CDO can extend the applicable FDP limit in [B.2.], above up to 14 hours.
6. Backside-of-the-Clock Duty Period (BOTC)
a. Except for a CDO or a duty period involving training, a duty period in which a pilot is scheduled, rescheduled and/or extended during the period between 0115 to 0359 hours LT will meet the following conditions:
(1) A pilot's FDP will be limited to the lesser of 11 hours or the applicable FDP in paragraph [B.2.], above.
(2) A reserve pilot's FDP and RAP will be limited to the lesser of 15 hours or the applicable FDP and RAP in paragraph [B.3.], above.
(3) A BOTC duty period will be preceded by a rest period of at least 11 hours.
(4) The Company will schedule a pilot for at least 12 hours rest immediately following a duty period as described in Section 12 Hours of Service 12-3 paragraph [6.a.], above. This rest may be reduced to 11 hours if the reduction is due to an operational delay. (5) The Company will not schedule, reschedule and/or extend a pilot to depart a domicile more than 2 times. (6) The Company will not schedule, reschedule and/or extend a pilot for more than 4 take-offs, unless due to an unplanned diversion there is an additional departure required. (7) No minimum scheduled or rescheduled break is required. (8) The Company will provide a pilot with a single- occupancy hotel room for all scheduled or rescheduled breaks of 4 hours or more. b. Except for a CDO or a duty period involving training, a pilot who reports for duty or begins phone availability during the period between 0400-2059 hours LT in the pilot's domicile, and is subsequently released and scheduled to report a second time within the same calendar day will have his subsequent FDP limited to the lesser of 11 hours or the applicable FDP in paragraph [B.2.-3.], above 7. Consecutive Nighttime Operations (CNOs) a. CNOs will be awarded as provided by paragraph [25.D.] b. Except as provided in paragraph [7.c.], below, a pilot will not be scheduled for or accept more than 3 CNOs. c. A pilot may be scheduled for up to 4 CNOs, or 5 CNOs with pilot approval, if he is scheduled for a rest opportunity during each of the CNOs of at least 2 hours at a hotel between 2200 and 0500. This rest opportunity will not be provided until the first segment of the FDP has been completed. d. A pilot will receive no less than the rest opportunity scheduled in paragraph [7.c.]. above. C. FDP Extensions Section 12 Hours of Service 12-4 1. A flight crew and the Company may mutually agree to extend the maximum flight duty period permitted in paragraph [B.2], above by 2 hours due to unforeseen operational circumstances.
2. A FDP extension of more than 30 minutes as provided by paragraph C.1., above, may only occur once prior to receiving 30 hours of rest as provided by the FARs.
3. f, during a duty period, it is determined that, because of operational delays, a flight will not terminate within the actual on-duty limitation, a delayed pilot may be rescheduled and/or extended for another flight if that flight is scheduled to terminate within the actual on-duty limitation provided for in this paragraph C.
D. Rest Periods
1. Minimum rest periods must comply with the FAR's. A pilot released from duty will receive at least the minimum rest.
2. Domicile Rest
a. Minimum rest at a pilot's domicile or temporary vacancy location is 11 hours from release time of one trip to report time of the next trip.
b. Domicile rest may be reduced with the pilot's approval if the company provides a hotel room at or near the airport in accordance with Section 5.
c. Domicile rest does not apply at a pilot's domicile during a trip or at an out-of-domicile reserve assignment.
E. Days Off
1. The Company will schedule each pilot for, and each pilot will receive, at least 1 calendar day off in their domicile during any 7 consecutive day period. A pilot may waive this requirement to no less than FAR required minimums.
2. Except as otherwise provided in this Agreement, the Company will schedule each lineholder, and each lineholder will receive, at least 12 days off in his domicile each month.
3. Except as otherwise provided in this Agreement, the Company will schedule each reserve pilot, and each reserve pilot will receive, at Section 12 Hours of Service 12-5 least 12 days off in a 31-day month and at least 11 days off in a 30- day month in his domicile.
4. This provisions of paragraphs [E.2.-3.], above, may be waived by the pilot for trip trading or pick-ups after the monthly bidding schedules have been awarded.
5. For purposes of determining days off, if a trip:
a. s scheduled to terminate in a pilot's domicile before 2400 LT and actually terminates in a pilot's domicile after 2400 LT but before 0400 LT on the next day, it will be considered to have terminated in the prior day.
b. s scheduled to terminate in a pilot's domicile after 2400 LT, it will be considered as terminating in that following day regardless of when the trip actually terminates.
c. Actually terminates after 0400 LT on a day off, regardless of when it was scheduled to terminate, that day will be considered a lost day off in accordance with Section 25.XX.
6. The following chart will be used to determine the prorated number of scheduled days off in any month when the Company creates a monthly schedule for a pilot for less than a full month in accordance with Section 25.XX.; or
1. A pilot will be scheduled to report 60 minutes before scheduled departure time at a domicile. A pilot will be scheduled to report 45 minutes prior to departure at an outstation.
2. ndividual report times may be reduced up to 15 minutes because of delays to accommodate FAR legality problems or the requirements of paragraph [D.], above.
3. ndividual report times may be reduced up to 15 minutes to meet the requirements of paragraph [25.J.2.a.].
4. The company may schedule a charter pairing with a report time of up to 120 minutes before scheduled departure.
5. Release times will be 15 minutes after block-in or upon completion of any duty assigned by the Company (e.g., aircraft repositioning, drug or alcohol tests, etc.), whichever is later. Release time for deadhead flights will be at block-in unless clearing customs. A pilot who is required to clear customs will be released 30 minutes after block-in.
G. Amendment to the FAR's
Notwithstanding LOA 2, if there are additional changes in flight time limitations, rest requirements, or duty time limitations under the FAR's, or within an FRMS, the Company and the Association will meet, at the request of either party, to discuss how any amendments will be applied to the Company's operations and the impact on provisions provided in the Agreement. Agreement to implement such limitations or requirements will not Section 12 Hours of Service 12-7 be unreasonably withheld provided they would have been contractual under XJT Contract 2004 and ASA Contract 2007.
H. Fatigue Risk Management Plan ("FRMP)
The Association will have a role in the Company's decision to research, develop, and implement a Fatigue Risk Management Plan.
1. The Company will notify the Association its intent to file for a Fatigue Risk Management System (FRMS) with the FAA.
a. The Company and Association will jointly develop the FRMS and will have equal access to all data.
b. n the event the Company and Association do not agree on the final FRMS, the Company may still present and file for its FRMS. However, the Association may present any dissenting opinion as well.
2. n any FRMS, all pilot data, including but not limited to ASAP reports, fatigue call information, FDR, FOQA data, etc. (FRMS data) will be protected consistent with the terms established for the protection of FOQA data.
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13-1
13. LEAVES OF ABSENCE
A. Personal Leave
1. General
a. A personal leave of absence may be requested by a pilot in writing to the Company no later than 30 days before the bid closing for the month in which the leave, leave extension or early return is requested to begin.
b. Such request will state:
(1) Reason(s) for such leave, leave extension or early return; (2) Requested starting date, if a new leave; (3) Requested end date of the leave, leave extension, or early return.
c. The Company will determine whether a request for personal leave is to be granted.
d. All communications regarding leave details will be in writing or submitted via a form on the Company website.
e. A request for personal leave may be granted for a continuous period at the Company's discretion. A personal leave may be extended on a 30 day basis at the Company's discretion.
2. While on personal leave a pilot will:
a. Retain and accrue seniority, b. Retain longevity, and c. Accrue longevity for the first 30 days.
3. Pass Privileges
A pilot will be allowed to use the Company Pass Travel Programs as permitted by the applicable pass policies while on personal leave.
4. nsurance Benefits
The benefits specified in Section [27] will continue in effect at active pilot rates until the last day of the month in which the leave begins. Section 13 Leaves of Absence 13-2
5. Vacation and Sick Leave
a. A pilot will retain vacation and sick leave while on personal leave.
b. A pilot will accrue vacation and sick leave for the first 15 days of the personal leave.
c. A pilot will be paid for vacation scheduled to be taken during the personal leave.
6. Return to Service
a. A pilot will coordinate his return to service with the Company.
b. The Company will determine whether a request for early return from existing leave will be granted.
c. Return to service will be as provided in paragraph [M.], below.
B. Company Offered Monthly Absence (COMA)
1. General
a. COMA(s) will be offered in advance of furloughs as provided by paragraph [3.a.,] below, or at any other time at Company discretion.
b. Bidding and Awarding
(1) The Company will award COMA(s) in seniority order by position to a non-probationary pilot.
(2) A pilot cannot be assigned a COMA involuntarily.
(3) A pilot who is not currently qualified (including Continuing Qualification Events (CQEs) and Qualification Events (QEs)) for his awarded or assigned position may not be awarded a COMA. The Company may waive such restriction.
(4) A pilot awarded a COMA will remain on the COMA for its duration. This requirement may be waived by mutual agreement.
Section 13 Leaves of Absence 13-3 (5) A pilot awarded a COMA will be responsible for bidding for the bid period following the COMA.
c. Scheduling
(1) The COMA line(s) will be constructed with no trips or assignments, with the exception of CQEs.
(2) A pilot awarded a COMA who is scheduled to attend any CQE(s) will attend such training and will be paid for such training as provided by Sections [3] and [11]. Rescheduling, if required, will be as provided in the Agreement.
(3) A pilot awarded a COMA will complete any trip transitioning into the COMA period from the previous bid period in accordance with Section [25].
(4) At any time, the Company may waive the restrictions listed in paragraphs [c.(2) and c.(3).]
(5) A pilot awarded a COMA will not be permitted to pick up open time, postings or reserve days, unless as provided in Section [25.XX].
(6) A pilot awarded a COMA will not be junior assigned so as to require that pilot to fly during his COMA.
d. A pilot awarded a COMA will receive a minimum monthly guarantee of 0 hours.
e. A pilot awarded a COMA will be eligible for the same benefits as an active pilot.
f. A vacation period, any portion of which falls within a COMA bid period, will be paid in accordance with Section [7.D.]
g. Except as provided in paragraph [3.e.], below, a pilot awarded a COMA will comply with all Company policies including those related to outside employment and flying.
h. The benefits specified in Section [27] for a pilot awarded a COMA will continue in effect at active pilot rates, and the pilot is responsible for paying his applicable insurance costs. Such a pilot will coordinate benefits and other payroll deductions with the Company before beginning COMA. Section 13 Leaves of Absence 13-4
i. A pilot awarded a COMA will accrue and retain longevity and seniority.
j. Return to service will be handled as provided in paragraph [R.], below.
2. Month to Month COMA
a. No more than 2 consecutive COMA bid periods will be awarded to an individual pilot.
b. Month to Month COMA may be rescinded in reverse seniority order, by position, up until the opening of [monthly bidding].
c. Notwithstanding paragraph [B.1.b.(4)], above, if a pilot awarded a Month to Month COMA is awarded a new position requiring training that conflicts with the COMA period, the Month to Month COMA will be cancelled, effective on the first scheduled day of training, and the pilot will attend such training.
3. Extended COMA
a. Furlough Mitigation
(1) The Company will offer Extended COMA prior to furloughing pilots. The number of Extended COMAs offered will be greater than or equal to the number of expected furloughs.
(2) Notwithstanding the requirements of paragraph [B.1.h.], above, when Extended COMA is offered for furlough mitigation, the benefits specified in Section [27] will continue at active rates only until the last day of the month in which the Extended COMA begins.
b. The Company may offer Extended COMA at any other time.
c. The Company may offer an Extended COMA up to 1 year. Extensions of COMA in excess of 1 year may be offered at Company discretion at any time.
d. Extended COMA may be rescinded in reverse seniority order, by position, up until 30 days prior to the beginning of the Extended COMA.
Section 13 Leaves of Absence 13-5 e. A pilot on Extended COMA will be permitted to obtain employment outside the Company, including employment as a pilot so long as the Company is informed if such employment is as a pilot or is aviation related.
f. The Company may offer a pilot(s) to return to full time status at any time, however it will be the pilot(s) option to return to full time status or remain on the awarded Extended COMA for its original duration.
g. A pilot on Extended COMA will have the option of electing to be free from any Company duty for the duration of his Extended COMA. Such a pilot must indicate his preference when bidding for Extended COMA.
h. Notwithstanding paragraph [B.1.b.(4) and B.3.g.], above, if a pilot on Extended COMA is awarded a new position which is not the result of a displacement pursuant to Section [24] requiring training that conflicts with the Extended COMA, the Extended COMA will be cancelled, effective on the first day of training, and the pilot will attend such training.
C. Medical Leave
1. General
a. A pilot who is unable to perform his duties because of illness, injury, or other medical condition ("Condition), and who has exhausted his sick leave bank (and his earned and accrued vacation, if he so elects), will be granted a medical leave of absence provided a written verification of the condition is provided by a qualified medical examiner.
b. Medical leave will be requested in writing to the Company or submitted via a form on the company website.
c. A pilot on medical leave must provide written verification of the medical condition each year within 60 days of the anniversary date of the leave.
d. A medical leave will not exceed a total continuous period of 66 months without the consent of the Company. For purposes of this paragraph, a "continuous period is any period that does not include at least 6 months uninterrupted active service as a pilot. A return to active service as a pilot of less than 6 months does not reset his eligibility for a subsequent medical leave of Section 13 Leaves of Absence 13-6 up to a continuous period of 66 months, whereas, a return to active service as a pilot for at least a 6 month uninterrupted period resets his eligibility for a subsequent medical leave of up to a continuous period of 66 months.
e. A medical leave of absence may be extended at the Company's discretion by a maximum of 18 months if the pilot can demonstrate, before the expiration of the 66 month period, that the only contingency to his return to service is the expiration of a waiting period of a defined duration as determined by the Aerospace Medical Certification Division.
2. While on medical leave a pilot will:
a. Retain and accrue seniority,
b. Retain longevity, and
c. Accrue longevity for the first 12 months
3. Pass Privileges
A pilot will be allowed to use the Company Pass Travel Programs as permitted by the applicable pass policies while on medical leave.
4. nsurance Benefits
The benefits specified in Section [27]. will continue in effect at active pilot rates for the first 90 days of the leave.
5. Vacation and Sick Leave
a. A pilot will retain vacation while on medical leave.
b. A pilot will accrue vacation and sick leave for the first 15 days of the medical leave.
c. A pilot will be paid for vacation scheduled to be taken during the medical leave.
6. Return to Service
a. A pilot will notify the Company in writing when he is able to perform his duties and will coordinate his return to service with the Company.
Section 13 Leaves of Absence 13-7 b. Return to service will be as provided in paragraph [M.], below.
D. Family Medical Leave Act (FMLA)
1. Eligibility
A pilot will be eligible for FMLA in accordance with applicable law or the eligibility requirements of this paragraph, whichever is more favorable to the pilot. A pilot will be eligible for FMLA if during the previous 12-month period, he:
a. Has worked or been paid for not less than 540 credit hours; and
b. Has worked or been paid for not less than 504 credit hours, not including personal commute time, or time spent on vacation, medical, or sick leave..
2. Usage
Usage of FMLA will be at the exclusive option of the pilot regardless of the reason for absence.
3. Seniority and Longevity
A pilot will retain and accrue seniority and longevity while on FMLA.
4. Pass Privileges
A pilot will be allowed to use the Company Pass Travel Programs as permitted by the applicable pass policies while on FMLA.
5. nsurance Benefits
The benefits specified in Section [27] will continue in effect at active rates while on FMLA.
6. Vacation and Sick Leave
a. A pilot may, but is not required to, use sick leave and unused vacation during FMLA.
b. A pilot on FMLA will accrue sick leave and vacation while they are using sick leave and/or vacation to remain in pay status and for the first 15 days of FMLA thereafter.
Section 13 Leaves of Absence 13-8 E. Maternity Leave
1. General
a. Maternity and other pregnancy related conditions will be handled in accordance with applicable law, Company policies and procedures and this Agreement.
b. A pregnant pilot will be permitted to continue in service until her physician determines that she is no longer able to perform pilot duties. A pilot will notify the Company of this determination. Any disagreement as to her fitness to continue in service will be resolved in accordance with Section [15].
c. When her medical condition no longer allows her to perform her duties, she will be placed on a maternity leave of absence. Such leave will extend, at her option, up to 26 weeks following the birth of her child. f the pilot needs additional leave, it will be requested on a month-to-month basis for a period not to exceed 1 year after the birth of her child. Such leave requests will be granted in seniority order prior to the granting of any COMAs in the pilot's position, and will be granted if the needs of the service will allow.
2. While on maternity leave a pilot will:
a. Retain and accrue seniority, b. Retain longevity, and c. Accrue longevity until the later of either the end of the 8 th week following the birth of her child or the first 90 consecutive days of her leave
3. Pass Privileges
A pilot will be allowed to use the Company Pass Travel Programs as permitted by the applicable pass policies while on maternity leave.
4. Sick Leave Usage
A female pilot will be eligible for sick leave starting with the date that her medical condition prevents her from performing pilot duties until 8 weeks following the birth of her child and, thereafter, with verification from her physician that her medical condition prevents her from performing pilot duties until she is no longer medically disabled.
5. nsurance Benefits Section 13 Leaves of Absence 13-9
The benefits specified in Section [27] will continue in effect at active pilot rates until the last day of the month in which the leave begins unless the pilot is on paid sick leave or FMLA.
6. Vacation and Sick Leave Accrual
A pilot will retain but not accrue vacation and sick leave while on maternity leave unless the pilot is being paid sick leave or vacation. A pilot will be paid for vacation scheduled to be taken during maternity leave.
7. Return to Service
a. A pilot will coordinate her return to service with the Company. Return to service will be as provided in paragraph [M.], below.
b. The Company may require a pilot to provide a statement from her physician verifying that her medical condition allows her to perform her duties.
8. Maternity leave and benefits, specified above, are available for the adoption of a child, however, a pilot may not use sick leave.
9. A male pilot is eligible for the leave and benefits specified above, as applicable, but may not use sick leave to remain in pay status while on such leave.
F. Military Leave
1. General
A pilot will be granted leave for military service or reserve duty in accordance with applicable law. Military leave must be requested in writing to the Company as soon as practicable after the pilot becomes aware of the military duty for which the leave is requested.
2. Seniority and Longevity
A pilot will retain and accrue seniority and longevity during military leave.
3. Pass Privileges
A pilot will be allowed to use the Company Pass Travel Programs as permitted by the applicable pass policies while on military leave. Section 13 Leaves of Absence 13-10
4. nsurance Benefits
The benefits specified in Section [27] will continue in effect at active rates while on military leave.
5. Vacation and Sick Leave
A pilot will accrue vacation and sick leave during the first 90 days of a military leave. A pilot's vacation will be handled in accordance with applicable law.
6. Return to Service
a. A pilot will notify the Company of his intended date of return to service and active status from military leave in accordance with applicable law; except that a pilot returning from a military leave of between 15 and 31 days may request, and shall not be unreasonably denied, an extra 3 days of leave before returning to active status at the Company.
b. When training is required, the Company will notify a pilot of the scheduled date for his training.
G. Bereavement Leave
1. n the event of a death in the pilot's family, the pilot will be granted leave from all duty with the Company for up to 3 consecutive days. Bereavement leave will be provided in the event of a death of the following relations:
a. Spouse/Domestic Partner b. Children and stepchildren (including in laws) c. Parents and stepparents (including in laws) d. Grandparents (including in laws) e. Grandchildren f. Siblings and stepsiblings (including in laws)
2. n each case, the consecutive day period will, at the pilot's option, begin the day after the employee is notified of the death or one of the days of the consecutive day period will be the day of the funeral or memorial service.
3. A pilot will be paid and credited for the value of any assignments missed as a result of bereavement leave.
Section 13 Leaves of Absence 13-11 4. The consecutive days may be split with Company approval.
5. Any additional unpaid bereavement leave in conjunction with paragraph [1.], above, or for individuals not listed in paragraphs [1.a.] through [1.f.], above, will be coordinated with the domicile Chief Pilot and may be unpaid. The Company will consider specific circumstances when granting additional bereavement leave.
H. Emergency Leave
A pilot may be granted an emergency leave of up to 4 days when approved by the Chief Pilot with no reduction of the minimum monthly guarantee. The Company will consider specific circumstances when granting additional emergency leave.
. Educational Leave
1. General
A pilot may be granted an educational leave for a period not to exceed 4 years with the approval of the Company. At the end of the leave, he may apply for additional educational leave.
2. While on educational leave a pilot will:
a. Retain and accrue seniority, b. Retain longevity, and c. Accrue longevity for the first 30 days.
3. Pass Privileges
A pilot will be allowed to use the Company Pass Travel Programs as permitted by the applicable pass policies while on educational leave.
4. nsurance Benefits
The benefits specified in Section [27] will continue in effect at active pilot rates until the last day of the month in which the leave begins.
5. Vacation and Sick Leave
A pilot will retain vacation and sick leave while on educational leave. A pilot will accrue vacation and sick leave for the first 15 days of the educational leave. A pilot will be paid for vacation scheduled to be taken during the educational leave.
Section 13 Leaves of Absence 13-12 6. Return to Service
a. A pilot will coordinate his return to service with the Company. b. A pilot may be permitted to return to service earlier than tentatively scheduled if a position for which he is trained and qualified is available. c. Return to service will be as provided in paragraph [M.], below.
7. General
A pilot returning from leave will use his seniority to bid vacancies.
J. Jury Duty
1. When a pilot receives a jury duty summons he will notify Crew Scheduling. The pilot may be directed to resume his original trip, if practicable, on days that do not conflict with jury duty.
2. A pilot will provide his domicile Chief Pilot with a copy of the summons or notice of jury duty promptly upon receipt of such documents.
3. A pilot will concurrently provide the Company with authorization to intercede with the appropriate authorities for the purpose of removing him from jury duty.
4. A pilot who is required to serve on jury duty will be granted a leave for that purpose.
5. A pilot who is called for jury duty will be paid and credited with 4.0 hours at his applicable hourly rate for each scheduled duty or reserve day lost to jury duty.
6. mmediately upon release from jury duty, a pilot will notify the Company of his availability.
7. A pilot on jury duty leave will continue to accrue seniority, longevity and all benefits as if he had been in active service.
K. Witness Duty
1. A pilot will be credited and paid for witness duty when appearance as a witness is at the request of the Company, or, when appearance is in response to a subpoena directly related to Company business (this excludes, for example, litigation between the Company and an employee(s) in which the Company is a defendant; this includes, for example, litigation pertaining to the Company's business as an air Section 13 Leaves of Absence 13-13 carrier) or as a subpoenaed witness in litigation brought by the federal, state, or local government, provided such litigation is not brought by or on behalf of the pilot. A pilot will provide his domicile Chief Pilot with a copy of the subpoena promptly upon receipt.
2. Compensation
a. A pilot will be paid and credited 4.0 hours at his applicable hourly rate for each day of witness duty.
b. Such pay will be offset by any amount the pilot receives from the court, excluding mileage and expenses.
3. A pilot on witness duty will continue to accrue seniority, longevity and all benefits as if he had been in active service.
4. These provisions will not apply to witnesses in arbitration proceedings.
L. Association Leave
1. Full-Time National Office
a. General
(1) f a pilot is elected or appointed to a national position with the Association, he will be granted a leave of absence to carry out the duties of the office.
(2) The duration of the leave will be equal to the term(s) of office.
(3) The Company will be notified at least 30 days before the commencement of, and the return date from, such leave.
b. Currency
(1) A pilot on leave may pick up open time in accordance with the Agreement in order to maintain currency as a pilot.
(2) The Company will administer recurrent training and check rides to a pilot who maintains his currency.
(3) f the pilot has not maintained his currency while on Full- Time National Office Association Leave, upon his return to active status with the Company, the Company will Section 13 Leaves of Absence 13-14 administer recurrent training and check rides as necessary at no cost to the Association.
2. Full-Time MEC Leave
a. The following elected or appointed Association volunteers will be granted full time Association Leave:
(1) MEC Chairman (2) MEC Vice-Chairman (3) MEC Secretary/Treasurer (4) Any other MEC Officers (up to 3 pilots) (5) Scheduling Committee Chairman and Vice-Chairman (6) Agreement Compliance Committee Chairman and Vice- Chairman (7) Negotiating Committee (up to 3 pilots) (8) Merger Committee (up to 3 pilots, only in the event of a transaction or potential transaction that could result in an integration of pilot seniority lists.) (9) Safety Committee Chairman or his designee (10) Up to 3 other pilots for special projects at the discretion of the MEC Chairman or his designee
b. The Company may grant additional full time Association leave in consultation with the MEC Chairman.
3. Part-Time Association Leave
a. Leaves of 5 or More Days
(1) The MEC Chairman or his designee will notify the Company in writing of the need for Association leave of 5 or more days, identifying the pilot(s) for whom leave is requested and the dates of the leave, at least 2 days prior to the opening of the bidding for the month in which each leave is requested. The Company will build a planned absence for such pilot(s) that accommodates such leave request(s).
(2) f such requested leave affects coverage in a particular position to the extent that the Company may not be able to staff forecast flying in that position, the Vice President Flight Operations and the MEC Chairman will confer to reach a mutually agreeable accommodation.
b. Leaves of Fewer than 5 Days Section 13 Leaves of Absence 13-15
(1) The MEC Chairman or his designee will notify the Company in writing of the need for Association leave of fewer than 5 days, identifying the pilot(s) for whom the leave is requested and the dates of the leave, at least 7 days before the start of the affected trip(s) or reserve day(s).
(2) The Company will grant such leave request(s).
(3) A pilot requesting leave will be limited to a total of 10 days of Association leave per bid period, which may be taken in any combination that is less than 5 days. A pilot's scheduled days off will not be included in any leave granted unless the days off are requested as leave, i.e., a pilot is not on leave on a day off unless leave has been requested and granted for such day off. Any requested leave in excess of 10 days in a bid period may be granted. f such request(s) is denied, the Vice President Flight Operations and the MEC Chairman will confer to attempt to reach a mutually agreeable accommodation.
(4) The Company may assign the trip to a supervisory pilot or a reserve pilot, or will publish the trip in open time. f the trip is not covered within 72 hours prior to its scheduled departure, the trip will be awarded or assigned in accordance with Section [25]. f that is unsuccessful, the Company may rescind the leave, if necessary, to avoid cancellation of a revenue trip. f such cancellation is required, notification will be made to the affected pilot and/or the MEC Chairman, who will assist in notifying the pilot.
(5) The Company may grant a request made with less than the required notice.
c. Part Time Association Leave that will affect training will not be considered granted unless the pilot requesting the leave obtains specific written permission for the leave, setting forth the days of the leave and the training that will be affected, from the Director of Training, in addition to the authorization otherwise required by paragraph [L.3.]
d. Association Leave for Board of Directors Meeting
Section 13 Leaves of Absence 13-16 (1) Leave to attend the Association's Board of Directors meeting and associated contiguous activities ("BOD leave) will be granted to all status reps. The MEC Chairman may also designate up to 10 additional committee members to be granted leave.
(2) The Association will notify the Company before August 31st of the year preceding the year for which BOD leave is requested of the number of pilots for whom BOD leave will be requested and the approximate dates of such leave. The Association will make its best effort to identify the positions of pilots projected to take BOD leave to allow the Company to reduce vacation periods to be made available in the week(s) for which BOD leave is requested.
4. Seniority and Longevity
A pilot will retain and continue to accrue seniority and longevity during Association Leave.
5. Vacation and Sick Leave
a. A pilot on Association Leave will retain vacation and sick leave.
b. A pilot on Association Leave (except for a pilot on Full-Time or Part-Time National Office Association Leave) will continue to accrue vacation and sick leave.
6. Pass Privileges
a. A pilot will be allowed to use the Company Pass Travel Programs as permitted by the applicable pass policies while conducting Association business.
b. An Association volunteer designated by the MEC Chairman will receive positive space transportation over the Company's system and all major partner carriers in accordance with applicable pass policies for the purpose of conducting Association business related to the Company.
7. Compensation
a. A pilot on Full Time Association Leave will be:
Section 13 Leaves of Absence 13-17 (1) Paid and credited 6 hours per day for each full day of Association work, as determined by the MEC Chairman or his designee.
(2) Paid and credited 3 hours per day for each partial day of Association work, as determined by the MEC Chairman or his designee.
(3) Paid and credited the same as regular pilots for all non- Association work as provided for in this Agreement. Examples include line flying, vacation credits, jury duty credits, training events, premium pay, etc.
(4) Paid and credited 6 hours a day for each day of sick leave used on a scheduled day of Association business. Such time will be deducted from the pilot's bank.
(5) Paid and credited for any applicable override(s).
b. A pilot on Part Time Association Leave will be paid and credited for the value of the trip(s), training, and/or reserve day(s) dropped, including all applicable credits.
c. A pilot on Association Leave will have access to his sick bank in accordance with Section [14].
d. An instructor pilot on Association Leave will be paid and credited the credit value for the event(s) that were scheduled for the day(s) of the leave.
8. Reimbursement for Association Leave
a. The Association will not be liable for Association leave reimbursement to the Company for any Association leave required for hotel accommodation administration duties in which the Company is the initiating party of a requested change involving a crew hotel property. This will include additional leave within 45 days after initial use of a changed crew hotel property that is later found to have sufficient deficiencies requiring a subsequent visit.
b. The Association will not be liable for Association leave reimbursement to the Company for Pilot Observation Program leave except for the first day of such leave.
Section 13 Leaves of Absence 13-18 c. The Association will reimburse the Company for all Association leave paid in excess of paragraphs [8.a.-8.c.], above, or as otherwise agreed by the parties.
d. The reimbursement of Association leave will be calculated by multiplying the number of hours of Association leave by the applicable hourly rate for each pilot, plus twenty-five percent (25%) to cover the cost of fringe benefits.
e. The Company will submit a pre-bill (spreadsheet form) to the MEC Chairman, or his designee, via email. Such pre-bill will state the date of each Association leave, the pilot's name and ALPA number, the pairing, reserve credit or flight numbers, the hours billed, the pilot's pay rate and the total pay.
f. Any dispute regarding an item on the pre-bill will be submitted to the Company via email with a copy to the Director of Labor Relations, or his designee. The Association may require a meeting with the Director of Labor Relations, or his designee.
g. The Company will submit an invoice to the MEC Chairman, or his designee, after the earlier of (a) notification that the Association does not dispute the pre-bill or (b) 15 days after the Company submitted the pre-bill.
h. The Association will reimburse the Company within 30 days from receipt of the invoice.
9. f a request for Full-Time Association leave will affect training, either for the pilot in training taking leave or if the pilot requesting leave is an instructor pilot, the leave will not be considered granted unless the pilot requesting the leave obtains specific written permission for the leave, setting forth the days of the leave and the training that will be affected, from the Director of Training
10. General
a. Requests for Association leave will be in writing.
b. The scheduling of pilots while on full time Association Leave will be at the discretion of the MEC Chairman or his designee.
M. Return to Service
1. Pilot not requiring training
Section 13 Leaves of Absence 13-19 A pilot who does not require training will return to active service on the day following the end of his leave.
2. Pilot requiring training
A pilot who requires training will return to active service on the earlier of his first day of training or 30 days following the end of his leave, unless otherwise provided by law.
3. A pilot who returns to active service during a month will have his MMG prorated from that date, and his schedule will be determined as provided in this Agreement.
N. General
1. A pilot on leave will continue to participate in the permanent bid system and will keep a permanent bid on file with the Company.
2. A pilot returning from leave will return to his permanent position.
3. A pilot on leave will continue to participate in the annual vacation bidding system.
4. A pilot scheduled for vacation during a leave will be paid for such vacation or the pilot may rebid such vacation as provided by the Agreement.
5. A pilot on a leave will have his leave automatically cancelled and will be placed on furlough status in accordance with Section [23] when a pilot senior to him is involuntarily furloughed.
O. Summary of Leaves of Absence
The following table is a summation of information contained in this Agreement. n the event of a discrepancy, the contract language will govern.
Section 13 Leaves of Absence 13-20
A. First Page Always Odd
14-1
14. SCK LEAVE
A. Accrual
1. A pilot will be credited with the following amount of sick leave each month based on the number of hours paid for the previous month.
Hours Paid AccruaI Per Month 75 or more 5.0 Less than 75 3.5
2. The maximum sick leave accrual will be 640 hours.
3. Sick leave will fully accrue on the first of each month for the previous month's active service (where a pilot was on active service for at least 15 days of the previous month), except in the month in which a pilot exhausts accrued sick leave credit prior to medical leave, in which case, if the pilot exhausted sick leave after the 15th of the month, the pilot will accrue sick leave for that month. f, however, the pilot depleted his sick leave prior to or on the 15th of that month, he will not accrue sick leave credit for that month.
B. Pay and Usage
1. A pilot may use accrued sick leave when he is unable to report for duty because of illness, injury, or because the pilot fails to meet the medical standards established by the FAA.
2. When a pilot is unable to fly or perform duty because of illness or injury, he will notify Crew Scheduling of the day(s) unavailable and will be removed from the trip or assignment.
3. A pilot's accrued sick leave will be charged only for those hours actually paid as the result of the use of sick leave.
4. Credit for trips missed will include any applicable duty hour credits or min day credits.
5. Regular Pilot
a. A regular pilot who calls in sick for a scheduled trip(s) will be paid and credited for the trip(s).
Section 14 Sick Leave 14-2 b. A regular pilot who is on an RA or RX day and calls in sick will be paid the greater of his:
(1) RA/RX pay protection; or (2) 3.95 hours; or (3) subsequent assignment(s).
6. Reserve Pilot
a. A reserve pilot who calls in sick for a reserve day or prior to reporting for a trip will be paid and credited with 3.95 hours.
b. A reserve pilot who calls in sick after reporting for a trip will be paid and credited for the trip.
7. A pilot who calls in sick for training will be paid and credited for the training missed as if he had attended the training.
8. A pilot who does not bid a line, or have a schedule for a month, calls in sick will be paid and credited for monthly guarantee.
9. A pilot who calls in sick and does not have sick leave credit, or who exhausts sick leave credit, will be transferred to a medical leave of absence pursuant to Section [13.C.]
10. A pilot who is unable to maintain FAA-required medical standards as a result of any physical examination taken will, from the date he is removed from flight status, receive any sick benefits accumulated under the provisions of this Agreement. f a pilot has not regained his medical certificate by the time he exhausts all sick leave credit, he will be transferred to a medical leave of absence pursuant to Section [13.C.]
11. A pilot who is furloughed or on leave of absence will retain unused sick leave.
12. A pilot who uses sick leave after a trip has commenced will receive sick leave pay for the greater of the portion of the trip missed or the deadhead to domicile and its associated per diem. The pilot will be deadheaded to domicile as provided by Section 8. The pilot may request permission from the Chief Pilot's office to deadhead to a location other than his domicile.
13. A pilot who is able to return to work after his original trip has been assigned will notify Crew Scheduling of his availability as soon as possible and will coordinate his return to duty with Crew Scheduling. Section 14 Sick Leave 14-3
a. f a lineholder cannot reasonably be returned to the original trip, the pilot will have the option of accepting an alternate assignment (trip or RX duty) or being placed on an off day(s) with loss of sick leave protection for the off day(s).
b. A reserve pilot will be placed back on his original reserve duty.
14. f a pilot is returned to his original trip, he will be taken off sick leave at his report time and be paid and credited pursuant to Section 3 for the remainder of the trip. f he is assigned to a different trip, he will be taken off sick leave at his report time and paid and credited for the new trip pursuant to Section 3. f he is assigned to reserve, he will be taken off sick leave at the beginning of his on-call period and will be paid pursuant to Section 3. f the pilot is not returned to his original trip, assigned a different trip, or assigned to reserve, he will be on a day(s) off.
C. A pilot who is sick at the start of a scheduled vacation may, by mutual agreement, rebid the affected vacation, be paid in lieu thereof, or carry over the vacation to the following year. A pilot who becomes ill or is injured during a vacation will continue the vacation and will not be eligible for sick leave until the conclusion of the vacation.
D. Proof of llness
1. f the Company has reasonable cause to question whether an absence is related to a legitimate illness or injury, it may require a pilot to furnish a physician's statement describing the illness or injury.
2. The Company shall reimburse the pilot for the cost of any proof of illness or injury to the extent the cost is not covered by insurance.
E. Return to Duty
The Company may require a pilot to obtain a physician's written medical release to return to flight status. Any disputes concerning a pilot's ability to return to duty after sick leave shall be handled in accordance with Section 15, Physical Standards.
F. Accrued sick leave and usage information will be available on the Company website and will be indicated on a pilot's pay advice. A pilot and the Company will share joint responsibility for accuracy of sick leave reports. Any alleged error or omission in a pilot's sick leave report should be reported by the pilot to the Chief Pilot's office by means of a pay query form. Overpayment by the Company will be handled by subsequent payroll Section 14 Sick Leave 14-4 adjustments. The Company will provide a notice and rationale for a deduction. The Company may consider offering installment payments for reimbursement.
G. Attendance and Reliability Policy
1. The attendance and reliability policy in effect on the date of signing of the Agreement will be applied to all pilots and will not be changed without the approval of the Association.
2. A sick call will be one occurrence regardless of the calendar length of the absence.
3. Usage of FMLA will not count as an occurrence.
H. Pass Privileges
1. Pass travel home following a sick call during a trip will be coordinated through the Chief Pilot's Office.
2. A pilot's pass riders will be permitted to use pass privileges while a pilot is on a sick call in accordance with pass policies.
15-1
15. PHYSCAL EXAMNATONS
A. The physical standards required of a pilot will be those established by the Federal Aviation Administration (FAA), including its waiver policy, for the pertinent class of medical certification. Pilots may select medical examiners of their choice to meet FAA requirements and will notify the Company of any examination results. The cost of such physical examinations will be paid by the pilot.
B. Failure of Medical Examination
f a pilot fails an FAA medical exam, he must notify his domicile Chief Pilot within 24 hours of the failure.
C. Determination of Medical Fitness
1. f the Company has reasonable cause to question whether a pilot meets the required FAA medical standards, it may require a pilot to submit to such medical examinations as are necessary to determine whether the pilot meets the medical standards required by the FAA.
2. The examination will be by a Company designated medical examiner, and the pilot will be furnished with a copy of the medical examiner's written diagnosis or report. The cost of the Company-required examination will be paid by the Company.
3. This pilot will be removed from flight status with pay until the date of the examination scheduled by the Company. f the pilot is found to meet the FAA required medical standards, the pilot will be returned to service as soon as practical. That pilot will have no interruption in pay. The pilot will receive all applicable pay and credits that he would have received had he not been removed from flight status. However, a pilot who fails to attend the scheduled examination will be removed from pay status unless the Company has agreed in advance to a later date.
4. f the Company's medical examiner determines that the pilot is unable to meet the FAA required medical standards, the pilot will thereafter be entitled to use accrued sick leave. Such a pilot may dispute the findings of the Company's medical examiner, as provided in paragraph D., below.
D. A pilot who does not meet the FAA medical standards, or who disagrees with the results of a Company required medical examination, may, at his option, have a review of his case in the following manner: Section 15 Physical Examinations 15-2
1. He may, within 7 days of receipt by him of the written diagnosis or report, employ a disinterested qualified medical examiner of his own choosing and at his own expense to conduct a medical examination for the same purpose as the medical examination performed by the Company designated medical examiner.
2. A copy of the findings of the pilot's medical examiner will be furnished to the Company within 15 days of the receipt by the pilot of the written diagnosis or report. n the event that the findings verify the findings of the Company designated medical examiner, no further medical review of the case will be afforded.
3. f the findings of the Company's medical examiner and the pilot's medical examiner disagree on the pilot's qualification to exercise the privileges of his Medical Certificate, the Company will, at the written request of the pilot within 7 days of the furnishing of the written diagnosis or report to the Company, ask that the two examiners agree upon a third, qualified and independent medical examiner, preferably a specialist, for the purpose of making further medical examination of the pilot.
4. The independent medical examiner will, as soon as practicable, make a further examination of the pilot in question and the case will be settled on the basis of his findings. Copies of the medical examiner's report will be furnished to the Company and to the pilot as soon as practicable. The scheduling of an examination and the issuance of written diagnosis or report will not be unreasonably delayed.
5. The expense of employing the independent medical examiner and reasonable travel and lodging expenses directly related to the examination will be borne one-half by the pilot and one-half by the Company.
6. f it is determined by the independent medical examiner that the pilot met the required medical standards, the pilot will be returned to service as soon as practical and any sick leave credit used by the pilot during the time the pilot was removed from flying will be re-credited to the pilot's sick leave account. n addition, the pilot will be made whole for all losses of pay and benefits incurred as a result of being removed from flying until his return, and his record relating to the removal will be expunged, as permitted by law.
7. Medical records and other information obtained as the result of a Company-required medical examination or subsequent examinations pursuant to paragraphs B. and C., above, will be subject to safeguards Section 15 Physical Examinations 15-3 as to their confidentiality consistent with those required under the Federal law. Such information will be available only to such management, medical and clerical personnel as are responsible for pilot medical qualification supervision and record keeping.
E. Drug and Alcohol Testing
1. Testing Occasions
a. Random Testing
(1) All pilots will be subject to random drug and/or alcohol testing only to the extent required by applicable Federal regulations, as they apply to commercial airline pilots ("Federal regulations).
(2) The Company may conduct random drug and/or alcohol testing during any period in which a pilot is actually performing, ready to perform or immediately available to perform, a safety sensitive function. This includes all times during which the pilot is on duty with the Company.
(3) A pilot will not be required to take tests on his days off, to include vacation, sick leave, or any other leaves of absence, or when otherwise not on duty except as required by applicable Federal regulations.
(4) All random sampling transactions connected with the taking of any body fluid samples will occur in a facility that affords the pilot as much privacy as practicable.
(5) Following positive verification of identity using photographic identification, a pilot selected for random drug and/or alcohol testing will be given a written notice, in duplicate, stating the location where the pilot is to report for the collection process, and advising him that refusal or failure to directly report and to provide the required urine and/or breath specimen may result in disciplinary action, up to and including termination of the pilot's employment in accordance with Section 19 of this Agreement.
b. Post Accident and Post Mishap Testing
(1) Post accident drug and/or alcohol testing of pilots will be required when an event has occurred which constitutes Section 15 Physical Examinations 15-4 an aircraft "accident as defined in applicable Federal regulations and the pilot's performance or involvement contributed to the accident, and/or his performance or involvement cannot be completely discounted as a contributing factor to the accident.
(2) Pilots required to submit to post accident testing will do so as soon as possible after the accident. f unusual circumstances result in a delay of the testing, the pilot(s) must remain available for alcohol testing for a period of up to 8 hours following the accident. Drug testing may be required up to 32 hours following the accident. Normally both drug and alcohol test collection will be required, and will be administered at the same time. The provisions of this paragraph only apply to availability for drug and alcohol testing.
(3) When a pilot is involved in a mishap resulting in physical damage to persons, equipment or facilities, a determination must be made whether reasonable cause testing is required. Generally, testing will occur when the pilot's actions are a significant contributing factor in the mishap or damage, or cannot be reasonably eliminated as a significant contributing factor.
(4) Medical treatment will take priority over drug and/or alcohol testing. Drug and/or alcohol testing will be accomplished as soon as possible after necessary medical aid has been rendered.
c. Reasonable Cause Drug Testing
When reasonable cause exists, as defined in applicable Federal regulations, to believe that a pilot is using drugs prohibited by applicable Federal regulations, the pilot will be required to submit to drug testing. The determination that reasonable cause exists must be made by 2 management officials, one of whom must be trained in detecting the symptoms of possible drug use. The 2 officials must substantiate and concur in the decision to recommend that the pilot be tested. Once the determination is made, the testing will be done promptly. Reports and observations must be documented.
d. Reasonable Suspicion Alcohol Testing
Section 15 Physical Examinations 15-5 When reasonable suspicion exists, as defined in applicable Federal regulations, to believe that a pilot is using alcohol in a way which is prohibited by such regulations, the pilot will be required to submit to alcohol testing. The determination that reasonable suspicion exists must be made by a management employee who is trained in detecting the symptoms of alcohol misuse. Once the determination is made, the testing will be done promptly. The reason for any delay over 2 hours will be documented.
2. A pilot undergoing drug and/or alcohol testing will, for the purpose of Federal regulations and/or this Agreement relating to duty time and minimum rest, be deemed to be on duty, and receive pay and credit as provided in this Agreement until the testing collection process is completed.
3. f the Company has directed a "reasonable suspicion or "reasonable cause test, the Association will be provided with a written statement as to the basis for such test within 72 hours of the test.
4. A pilot will be entitled to Association representation during any sampling taken in conjunction with a "reasonable suspicion or "reasonable cause test provided that such representation does not delay or interfere with the taking of the sample.
5. A pilot will not be required to be subject to drug or alcohol testing by blood screening unless required by law or regulation.
6. Drug Testing Procedures
a. Specimen Collection
(1) The Company may elect to have collections services performed by a third party agency.
(2) The Company will have the option of requiring a pilot to complete any other sampling transaction at the airport or at an available facility away from the airport that is designated for sample collection.
(3) Collection and shipment of urine specimens for drug testing will be in accordance with applicable Federal regulations.
(4) Urine specimens will be split.
Section 15 Physical Examinations 15-6 (5) f testing of the first half of the specimen yields a confirmed negative result, the Company will order that the second half of the specimen be destroyed.
b. Drug Testing Laboratories
Drug testing in the United States will be performed only at laboratories certified by Health and Human Services under the National Laboratory Certification Program.
c. Medical Review Officers
(1) The Company will designate the medical review officer (MRO). The MRO will be a licensed medical doctor who has knowledge of substance abuse.
(2) The MRO will perform his responsibilities in accordance with applicable Federal regulations.
d. Split Specimen Analysis
(1) A pilot who has been notified by the MRO that his test resulted in a verified confirmed positive, adulterated, or substituted result may request a test of the split portion provided he does so within 72 hours following such notification. The split test will be performed at a different DHHS certified laboratory of the pilot's choosing. The Company will payroll deduct from the pilot the cost of testing the split specimen.
(2) f the test of the split portion of the specimen fails to confirm the positive, adulterated, or substituted result, then the entire test will be considered negative.
(3) f a second specimen, which must also be split, was required at the time of the original collection, the pilot may request that the second specimen also be tested at the pilot's expense. f the test of the split specimen fails to confirm a positive finding for drugs on the DOT list of prohibited substances or their metabolites, the pilot will be reimbursed for the cost of the split sample analysis.
e. Positive, Adulterated and Substituted Drug Tests
(1) After receiving a confirmed positive, adulterated, or substituted test result, but before verifying that result, the Section 15 Physical Examinations 15-7 MRO will make all reasonable attempts to contact the pilot including, if necessary, requesting that the Designated Employer Representative ("DER) direct the pilot to contact the MRO to discuss the test result.
(2) Following the discussion with the pilot and any other appropriate inquiry, the MRO will determine whether to verify the test result.
(3) n the event that the MRO verifies the confirmed positive, adulterated, or substituted test result, he will report the result to the DER, who will notify the Vice President, Flight Operations.
7. Alcohol Testing
Alcohol testing will be conducted in accordance with applicable Federal regulations. An Evidentiary Breath Test (EBT) alcohol test that registers a confirmed positive result of below 0.02 will be considered a negative test. An EBT alcohol test that registers a confirmed positive result of 0.02 or higher will be subject to paragraph 9., below. A pilot who has been informed that he has tested positive for alcohol at a concentration of 0.02 or higher may request that a blood alcohol test be administered. Such testing will be administered as soon after the breath test as is reasonably possible.
8. Consequences of a Verified Confirmed Positive, Adulterated, or Substituted Drug Test
a. nadvertent ngestion
(1) nadvertent and unknowing ingestion of any drug of abuse or its metabolite will not be grounds for discipline.
(2) The burden of proving inadvertent and/or unknowing ingestion rests upon the pilot.
b. llegal or llicit Drugs
Except as described in paragraph 4.a. above, on his first such occasion, a pilot who has a verified confirmed positive drug test will be given the following options:
(1) Voluntary resignation without eligibility for rehire.
Section 15 Physical Examinations 15-8 (2) Termination for cause. However, a pilot exercising this option will be conditionally reinstated subject to the following terms and conditions:
(a) The pilot must submit to initial evaluation by a Substance Abuse Professional ("SAP).
(b) Eligibility for conditional reinstatement will not be contingent upon a diagnosis of chemical dependency.
(c) f a course of rehabilitation is recommended, the pilot must successfully complete such course recommended by the SAP, including all continuing terms and conditions attached to such course of rehabilitation. The rehabilitation will be directed and facilitated by the SAP, but will be funded entirely by the pilot, except that he will not be precluded from using any sick leave and insurance benefits to which he is otherwise entitled.
(d) The pilot must execute and deliver to management an undated letter of resignation to be used to terminate the pilot's employment should he fail to satisfy any of the terms of this paragraph [8.b.] or of the rehabilitation directed by the SAP.
(e) During the remainder of his career with the Company, should the pilot subsequently fail any drug test the undated letter of resignation will be accepted by the Company, and his employment severed.
(f) The pilot will commit in writing to remain drug free for the remainder of his career at the Company and will agree in writing to be subject to "no notice drug testing at the direction of the Company as frequently as the Company may decide for a period of 5 years from the completion of the formal rehabilitation program. After the completion of the 5 year period, a pilot will remain subject to Drug and Alcohol Testing as required by Federal regulations or this Agreement.
Section 15 Physical Examinations 15-9 (g) f the pilot fails to comply with the provisions of the conditional reinstatement pursuant to this [8.b.(2)], termination will result, and his right to challenge such termination through the grievance process will be waived. No grievance of the matter will be permitted.
(h) A pilot who is offered conditional reinstatement pursuant to this paragraph [8.b.(2)], will be solely responsible for ensuring that he is fully licensed and certified to perform the duties of a commercial pilot.
(i) Before being permitted to return to duty, the Company will require the pilot, pursuant to applicable Federal regulations, to be subject to a return to duty test. This return to duty test will be conducted after the SAP has determined that the pilot has successfully complied with the prescribed education and/or treatment. Pilots will also be subject to follow-up testing pursuant to applicable Federal regulations.
(j) A pilot who adulterates, tampers with or substitutes another specimen for his own, or who otherwise refuses to test, will not be offered conditional reinstatement pursuant to this paragraph [8.b.(2)].
9. Consequences of a Positive Alcohol Test
a. A pilot whose EBT indicates an alcohol concentration greater than 0.02 will have a confirmation EBT performed no sooner than 15 minutes from the administration of the initial test. f the confirmation test indicates an alcohol concentration between 0.02 and 0.039, the pilot will be removed from service and required to undergo evaluation by the SAP to determine whether he has a diagnosis of alcohol dependence, and if so, be considered for a Last Chance Opportunity as described in the Company's Drug Abuse and Alcohol Misuse Prevention Policy. Such a pilot's return to service will be as provided in Federal regulations, to include successful completion of a return to duty alcohol test (below 0.02).
Section 15 Physical Examinations 15-10 b. f a pilot's breath alcohol test indicates a verified alcohol concentration of 0.04 or greater, he will be given the following options:
(1) Voluntary resignation without eligibility for rehire.
(2) Termination for cause. However a pilot exercising this option will be conditionally reinstated subject to the following terms and conditions:
(a) The pilot must submit to initial evaluation by the SAP.
(b) f a course of rehabilitation is recommended, the pilot must successfully complete such course as recommended by the SAP, including all continuing terms and conditions attached to such course of rehabilitation. The rehabilitation will be directed and facilitated by the SAP, but will be funded entirely by the pilot, except that he will not be precluded from using any sick leave and insurance benefits to which he is otherwise entitled.
(c) The pilot must execute and deliver to management an undated letter of resignation to be used to terminate the pilot's employment should he fail to satisfy any of the terms of this paragraph [9.b.] or of the rehabilitation directed by the SAP.
(d) During the remainder of his career with the Company, the undated letter of resignation will be accepted by the Company and the pilot's employment severed, if any of the following occur:
(i) The pilot subsequently registers 0.02 or higher on any Department of Transportation or Reasonable Suspicion alcohol test; or
(ii) The pilot is convicted of an alcohol consumption related violation which includes alcohol testing of the pilot.
Section 15 Physical Examinations 15-11 (e) The pilot will agree in writing to be subject to "no notice alcohol testing at the direction of the Company as frequently as the Company may decide for a period of 5 years from the completion of the formal rehabilitation program. After the completion of the 5 year period, a pilot will remain subject to Drug and Alcohol Testing as required by Federal regulations or this Agreement.
(f) f the pilot fails to comply with the provisions of the conditional reinstatement pursuant to this [9.b.(2)] or fails to comply with the terms of his Special ssuance Medical Certificate (if applicable), termination will result, and his right to challenge such termination through the grievance process will be waived. No grievance of the matter will be permitted.
(g) A pilot who is offered conditional reinstatement pursuant to this paragraph [9.b.(2)], will be solely responsible for ensuring that he is fully licensed and certified to perform the duties of a commercial pilot.
(h) Before being permitted to return to duty, the Company will require the pilot, pursuant to applicable Federal regulations, to be subject to a return to duty test. This return to duty test will be conducted after the SAP or his designee has determined that the pilot has successfully complied with the prescribed education and/or treatment. Pilots will also be subject to follow-up testing pursuant to applicable Federal regulations.
(i) A pilot who adulterates, tampers with or substitutes another specimen for his own, or who otherwise refuses to test, will not be offered conditional reinstatement pursuant to this paragraph [9.b.(2)].
10. No-Notice Testing
a. No-notice testing is drug and/or alcohol testing administered by the Company in aid of rehabilitation as described elsewhere in this Section. Pilots will be subject to no-notice testing under each of the following circumstances: Section 15 Physical Examinations 15-12
(1) The pilot has received a diagnosis of drug and/or alcohol dependency or drug and/or alcohol abuse.
(2) A System Board of Adjustment has directed no-notice testing.
(3) The pilot has signed a voluntary agreement or rehabilitation contract.
b. During the period a pilot is subject to no-notice testing, the Company may require no-notice drug and/or alcohol testing as frequently as it deems necessary or advisable.
c. No-notice testing may be conducted just before, during, or just after the performance of safety sensitive duties.
11. Voluntary Rehabilitation
A pilot who has not had a verified confirmed positive drug test result or a breath alcohol test indicating an alcohol concentration of 0.04 or greater may enter voluntarily into any FAA approved drug and/or alcohol rehabilitation program, including any such program recommended by the SAP. A pilot who has voluntarily entered into a rehabilitation program pursuant to this paragraph will be entitled to use any accumulated sick leave to the extent needed to complete the rehabilitation program. Upon completion of the formal rehabilitation program and appropriate certification by the FAA, the pilot will assume the bid position to which he is otherwise entitled by the terms of this Agreement.
12. Refusal or Failure to Cooperate
A pilot who refuses or fails to cooperate in any drug or alcohol test as mandated by applicable Federal regulations or by this Agreement, or in any rehabilitation related testing, by refusing to provide a breath or urine specimen, or a breath or urine specimen of sufficient quantity, will be withheld from service without pay pending investigation. f the investigation fails to find a valid medical reason for the pilot's failure to cooperate, or in the case of an insufficient specimen, if a medical evaluation determines that there was no genuine inability to provide the required specimen, he will be subject to discipline, up to and including termination in accordance with Section 19 of this Agreement.
F. Substance Abuse Program
Section 15 Physical Examinations 15-13 1. The Company and the Association recognize the desirability of identifying and treating substance abuse or dependence resulting in personal or family crisis and especially before deterioration in flight safety.
2. The Company will maintain a program that offers information and assistance to a pilot who seeks help as a result of his own motivation or the intervention of family or other interested parties. This program does not excuse pilots from their responsibility to comply with Company rules, including those governing alcohol and/or drugs.
3. This program includes treatment, monitoring and education designed to lead, as quickly as practicable, to FAA recertification, if necessary.
4. As a part of such program, when mutually agreed upon, Company and Association representatives will periodically attend training offered through the Association's Aeromedical Office.
5. The fact that a pilot voluntarily participates in a substance abuse program will not be used to support his discharge in the absence of having committed a dischargeable offense. Absent committing a dischargeable offense, a pilot who complies with the program requirements and who is otherwise qualified to perform duties to which he may be assigned may return to active service from a leave of absence in accordance with this Agreement and applicable Federal regulations.
6. A pilot may volunteer to enter such program by contacting an MEC Pilot Assistance Committee representative or Company-designated representative.
7. A pilot who has voluntarily entered into a substance abuse program pursuant to this paragraph F. will be entitled to use any accumulated sick leave to the extent needed to complete the rehabilitation program.
G. General
1. Consistent with applicable Federal regulations and this Section, a pilot will be permitted to notify the Association regarding any matter concerning this Section as soon as possible. However, testing will not be delayed.
2. A pilot who is subjected to random drug and/or alcohol testing will receive 30 minutes of add-pay for each such occasion. (Note: alcohol and drug testing are sometimes conducted together. A pilot who is required to provide both a breath and a urine specimen on the same Section 15 Physical Examinations 15-14 occasion will receive only one payment of 30 minutes for such an occurrence, not two.)
3. Drug testing will be in accordance with, and limited to, those drugs and their metabolites listed in applicable Federal regulations.
4. n the event that a blood test is conducted, the drawing of the blood will only be done by a trained, qualified, medical professional, and only in accordance with Federal regulations.
5. Nothing in this Section will be construed to require the Company to utilize or compensate a pilot who is not fully licensed and certified to perform revenue flying for the Company.
6. t is the parties' intent that this Section be and remain in full compliance with all applicable Federal laws and regulations.
7. Pilots who require schedule adjustments as a result of any testing under this Section will be considered rescheduled pilots pursuant to Section [25.XX.]
8. The Company will provide a method for a pilot to update his FAA medical certificate information remotely on the Company website.
16-1
16. WORKERS' COMPENSATON
A. The Company will provide worker's compensation insurance as required by applicable law.
B. A pilot who has an on-the-job injury or illness will receive sick leave pay and credit pursuant to Section 14. f such pilot receives Workers' Compensation benefits as a result of his injury or illness, he will retain his Workers' Compensation check(s) and also draw sick leave pay and credit pursuant to Section 14 in an amount which will result in a combination of the 2 payments equaling the maximum sick leave benefit available to the pilot. The pilot's sick leave accrual will be reduced only in an amount equivalent to the sick leave pay and credit received.
C. To ensure that the pilot's sick leave account is not charged for more than provided in this Section, there will be a reconciliation of the total payments against the pilot's sick leave account after the exhaustion of Workers' Compensation benefits.
D. This provision applies only to Workers' Compensation benefits that replace income. All Workers' Compensation benefits received for medical bills or other purposes will be exempt from offset of sick leave.
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17-1
17. MSSNG, NTERNMENT, HOSTAGE OR PRSONER BENEFTS
A. Crewmember Security
f the Association has concerns regarding the security of pilots in foreign locations, the parties will promptly meet and confer regarding appropriate security measures to be taken in light of the risk reasonably expected to be incurred. Any security measures reasonably required will be promptly implemented.
B. Retention and Accrual of Benefits and Pay
1. A pilot, who while performing duties in the service of the Company, who becomes missing, is interned or taken prisoner of war by a foreign government, or who, through no illegal action of his own, is unlawfully detained by a person or persons within or outside of the boundaries of the United States, will accrue seniority and longevity credit, and will be allowed the following benefits:
a. Flight pay at the rate the pilot was last paid to the maximum number of hours credited to another pilot of similar seniority in his position;
b. All applicable insurance benefits;
c. All Retirement Fund accruals and contributions normally made by either the pilot or the Company in his case;
d. Full accrual of vacation and sick leave; and
e. Continuation of coverage of all insurance and travel benefits for dependents of said pilot in accordance with applicable pass policies.
2. f the parties are unable to confirm whether a pilot who is interned or unlawfully detained is alive or dead, compensation and other benefits will continue to be paid by the Company to the beneficiaries indicated in the pilot's letter of instruction to the Company for a period of 24 months after such pilot was last known to be alive. At the end of that 24 month period, if the pilot's status is still unconfirmed, death and survivor benefits will be paid. The Company may offer to the pilot's beneficiaries to extend this 24 month period and delay the payment of death and survivor benefits. Section 17 Missing, Hostage, and POW 17-2
C. f death of a pilot is established, or if there is sufficient presumption of death of such pilot, death and survivor benefits will be paid.
D. f a pilot who has received death and survivor benefits pursuant to this Section is later found to be alive, he will receive retroactively the difference in pay between the total compensation (including death benefits) paid by the Company under this Section and the monthly amounts he would have been due under this Section had the Company known he was alive. f the pilot remains interned or imprisoned, monthly payments will then be resumed for the duration of internment or imprisonment. f the death/survivor benefits are greater than the benefits provided pursuant to this Section, the pilot will reimburse the Company for the excess received within 180 days.
E. Method of Payment
1. All monies provided for by this Section will be placed into the pilot's direct deposit account(s).
2. f the pilot does not have a direct deposit account(s), all monies provided for by this Section will be paid to the pilot's beneficiaries on file with the Company.
3. f the pilot does not have a direct deposit account(s) or beneficiaries on file with the Company, all monies provided for by this Section will be placed into an interest-bearing account in the pilot's name at a financial institution of the Company's choice and, in the event of the pilot's death, will be paid to the legal representative of the pilot's estate.
4. A pilot may direct the Company to pay all monies provided for by this section to locations other than provided by paragraphs E.1. through E.3., above by filling out the following form:
Section 17 Missing, Hostage, and POW 17-3 MISSING, INTERNMENT, HOSTAGE OR PRISONER BENEFITS BENEFICIARY DESIGNATION
To Atlantic Southeast Airlines, nc.:
You are hereby directed to pay all monthly compensation allowable to me and any other benefits due under the provisions of this Agreement, minus appropriate deductions, while missing or resulting from death or any other condition which causes direct payment to be impossible, as follows:
____ % of my monthly pay to ____________________________________ (name) ____________________________________________ (address) as long as living,
thereafter to ___________________________________________________ (name) ____________________________________________ (address) as long as living.
____ % of my monthly pay to ____________________________________ (name) ____________________________________________ (address) as long as living,
thereafter to ___________________________________________________ (name) ____________________________________________ (address) as long as living.
____ % of my monthly pay to ____________________________________ (name) ____________________________________________ (address) as long as living,
thereafter to ___________________________________________________ (name) ____________________________________________ (address) as long as living.
The balance, if any, and any amounts accrued after the death of all persons named in the above designation will be held for me, or in the event of my death before receipt thereof, will be paid to the legal representative of my estate.
The foregoing direction may be modified from time to time or canceled by letter signed by the undersigned, and any such modification will become effective upon receipt of such letter by you.
Payments made by the Company pursuant to this direction will fully release the Company from the obligation of making further payments with respect thereto.
Pilot's signature ____________________________
Date ____________________________
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18-1
18. NEW EQUPMENT AND FOREGN FLYNG
A. New Equipment
1. Should the Company place into revenue service aircraft other than the aircraft for which rates of pay are specified in this Agreement, the Association and the Company will meet pursuant to Title , Section 6, of the Railway Labor Act. This meeting will occur 90 days, if possible, but no later than 60 days before the aircraft is scheduled to be placed into revenue service, for the purpose of negotiating rates of pay for such aircraft.
2. f no agreement has been reached by the 30th day prior to the date the aircraft is scheduled to be placed into revenue service, the parties will submit the issue to arbitration as provided in paragraph D., below.
B. Foreign Flying
1. Any flying outside the United States and its territories and within the scope of the Agreement will be subject to the Railway Labor Act, as amended, and covered by the terms of this Agreement.
2. Upon written request from either party, the parties will meet as required to discuss relevant issues related to Foreign Flying.
3. f the Company commences flight operations to and from locations outside of the continental United States, Canada, Mexico, the Bahamas, Bermuda, Turks & Caicos, the islands of the Caribbean Sea (excluding Haiti), and Central America ("Foreign Flying or "Foreign Locations), it will notify the Association of the planned flying 6 months prior to the estimated revenue service start date, or within 14 days of its decision to commence Foreign Flying, whichever occurs last.
4. Upon notification by the Company of Foreign Flying, a party must provide notification within 14 days of its intent to negotiate terms and conditions for the Foreign Flying.
5. Upon written request by either party, negotiations will commence concerning the terms and conditions for the Foreign Flying not later than 14 days after written request for negotiations has been made. f negotiations do not result in agreement within 60 days from the commencement of negotiations, the parties will submit the unresolved issues to arbitration in accordance with paragraph D., below. Section 18 New Equipment and Foreign Flying 18-2
6. Negotiations and arbitration will be limited to the following:
a. Security, provided that a party has objectively reasonable security concerns.
b. Per diem, lodging, transportation, and overrides for other additional duties required by the operation for Foreign Flying with scheduled layovers in Foreign Locations.
7. f the schedule to a Foreign Location initially does not include scheduled layovers and is later changed to include scheduled layovers, a party may initiate negotiations for such flying as provided by this section.
C. Foreign Domiciles
1. f the Company plans to open or opens a domicile located outside of the United States, it will notify the Association 6 months prior to the estimated domicile opening date, or within 14 days of its decision to open such domicile, whichever occurs last.
2. Upon written request by either party, negotiations will commence concerning the terms and conditions for such domicile not later than 14 days after written request for negotiations has been made. f negotiations do not result in agreement within 60 days from the commencement of negotiations, the parties will submit the unresolved issues to arbitration in accordance with paragraph D., below.
D. Arbitration
1. When the Company announces the decision to place new equipment into revenue service as provided by paragraph A., or to initiate Foreign Flying as provided by paragraph B., or to open a Foreign Domicile as provided by paragraph C., the parties will mutually agree upon the selection of an arbitrator. f mutual agreement is not possible, the arbitrator will be selected from the list of arbitrators contained in Section 21.E. by alternately striking names until 1 remains. The parties will determine the order of striking by the toss of a coin. The winner of the coin toss will have the choice of striking first or second.
2. The arbitration will be held at the earliest possible date consistent with the arbitrator's schedule and the requirements of this Section. f the arbitrator is not available within 60 days after the new aircraft is scheduled to be placed into revenue service or after the Foreign Flying will be commenced, or after the Foreign Domicile is to be Section 18 New Equipment and Foreign Flying 18-3 opened, either party may elect to restrike the arbitrator panel as provided by paragraph D.1., above. The arbitrator's fees and expenses, as well as costs of the hearing room and the stenographic report, will be shared equally by the parties.
3. Composition of the Board
The Board will be comprised as provided in Section 21.E.1.
4. Each party will identify to the other party, at least 30 days prior to the initial arbitration hearing date, its final offer on the specific issues that were the subject of negotiations pursuant to paragraphs A.2., B.5. - B.7., or C.2., above, that it intends to submit to arbitration. Additionally, the parties shall provide to the arbitrator the tentative agreements reached through negotiations.
5. Proposals, notes, and discussions from negotiations pursuant to paragraphs A.2., B.5. - B.7., or C.2., above, will not be admissible in the arbitration except that the parties' final offers specified in paragraph D.4. from the negotiations are admissible.
6. Closing arguments may be made in lieu of post-hearing briefs by mutual agreement of the parties.
7. The parties will submit to the Board their final offers on the issues identified pursuant to paragraph D.4.. The Board's authority will be limited to rendering an award on those specified open issues, and the award must be within the limits set by those final offers. The Board's award will also incorporate, and make final and binding, the tentative agreements reached through negotiations pursuant to paragraphs A.2., B.5. - B.7. or C.2., above.
8. The arbitrator's decision will be issued within 21 days following closing arguments or receipt of briefs, as applicable.
9. To the extent no agreement is reached on a specific issue, and that issue is not decided through arbitration pursuant to this paragraph D., the terms and conditions of this Agreement will apply.
10. The time limits contained in this Section may be extended by the mutual agreement of the parties.
11. The parties will take such measures as are reasonably necessary to protect proprietary information that is disclosed during negotiations and/or arbitration, including but not limited to non-disclosure agreements. Section 18 New Equipment and Foreign Flying 18-4
12. Nothing set forth in this Section will prevent the Company from introducing new equipment into revenue service, commencing Foreign Flying, or opening a Foreign Domicile before agreement is reached or the arbitrator's award is issued governing the applicable terms and conditions.
13. For new equipment and Foreign Flying the arbitrator's decision will be based upon relevant factors within the part of the U.S. airline industry comprised of carriers, the majority of whose aircraft fleet (number and type of present aircraft and future firm orders) and operation is substantially similar to the Company's and who meet all of the following criteria:
a. Are not currently operating under the protection of the bankruptcy laws; and
b. Are not operating under a collective bargaining agreement that has hourly pay rates that have been reduced during the 12 months preceding the arbitration date while the company was under the protection of bankruptcy laws; and
c. Have a collective bargaining agreement with a labor organization certified by the National Mediation Board (NMB) covering its pilots; and
d. Are not carriers that operate principally in Alaska and Hawaii.
14. For Foreign Domiciles the arbitrator's decision will be based upon:
a. Relevant factors within the part of the U.S. airline industry comprised of carriers that meet the requirements of paragraph 13.a. - 13.d., the majority of whose aircraft fleet (number and type of present aircraft) and operation is substantially similar to the Company's; and
b. The local economy and cost of living.
15. Upon final agreement, or the issuance of the arbitrator's award, retroactive compensation, if applicable, will be paid to all pilots who are entitled to increased pay in connection with the introduction of the new equipment before the parties' agreement became effective or the award issued.
16. Upon final agreement, or the issuance of the arbitrator's award, retroactive compensation, if applicable, will be paid to all pilots who Section 18 New Equipment and Foreign Flying 18-5 are entitled to increased compensation in connection with Foreign Flying or Foreign Domiciles.
17. Upon final agreement, or the issuance of the arbitrator's award, retroactive per diem, if applicable, will be paid to pilots who are entitled to increased per diem in connection with Foreign Flying or Foreign Domiciles.
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19-1
19. NVESTGATON AND DSCPLNE
A. nformal nvestigatory Meeting(s)
1. Notice and Meeting
a. The Company is not required to provide notification of an informal meeting.
b. Upon a pilot's request, the Company will normally provide the subject matter prior to meeting with the pilot.
c. The Company may hold any number of such meetings at its discretion.
2. Representation
The pilot will have the right to be accompanied and represented at a meeting by one Association representative (more with Company approval) of his choice, provided that the choice is reasonably available. f Association representation is requested, a hearing will not be held without representation, unless the attendance of the representative causes an unreasonable delay.
B. Formal Hearing
1. Notice and Hearing
a. Before the Company takes disciplinary action against a pilot, the Company will provide written notice to the pilot and the Association of the possibility of discipline.
b. The notice will contain the preliminary charge(s) asserted against the pilot. Such notice will include date, time and location of the alleged offense(s), if applicable and appropriate.
c. The notice will inform the pilot of the time and date of the hearing and will be sent at least 72 hours before the hearing, with copies being provided to the pilot and the Association in accordance with paragraph K., below.
d. The Company will hold a hearing to give the pilot a reasonable opportunity to present information on his behalf. Section 19 nvestigation and Discipline 19-2 e. A pilot may waive his right to a hearing under this Section.
2. Representation
The pilot will have the right to be accompanied and represented at such hearing by up to 2 Association representatives (more with Company approval), provided that the attendance of the representative(s) does not cause more than a 24 hour delay of the hearing. A postponement of a hearing of up to 2 additional business days due to unforeseen circumstances to accommodate Association representation will not be unreasonably denied.
C. Discipline
1. The Company's policy for discipline includes progressive steps designed to correct inappropriate behavior taking into account the severity of the offense and the pilot's prior record. Notwithstanding the foregoing, the Company reserves the right to impose discipline up to and including termination in appropriate circumstances.
2. A pilot will not be disciplined without just cause.
3. A pilot will not be disciplined without being afforded a hearing in accordance with paragraph B., above.
4. A pilot will be notified in writing of discipline. Such notice will state the action taken and the reasons therefore. Copies of such notice will be provided to the Association in accordance with paragraph K., below.
D. Request for Disciplinary Grievance Hearing
A disciplined pilot will be granted a hearing provided a written grievance is received by the Vice President Flight Operations, or his designee, within 18 days of the date the pilot receives a written notice of discipline.
E. Disciplinary Grievance Hearing
1. The hearing will be held within 21 days after the Company receives the written grievance. f the 21st day falls on a weekend or Company holiday, the Company may hold such hearing on the next business day.
2. The Company and Association will mutually agree on the hearing date and time; however, if the parties do not reach agreement within 5 days from the receipt of the grievance, the Vice President Flight Operations, or his designee, will set the hearing date. Such hearings will normally Section 19 nvestigation and Discipline 19-3 be conducted on business days during business hours. The parties may mutually agree that multiple hearings will be held on the same date.
3. f the Vice President Flight Operations, or his designee, sets the hearing date, he will send or provide notification to the grievant at least 96 hours before such hearing. Notice of the time and date of the hearing will be provided to the grievant and to the Association in accordance with paragraph K., below.
4. The grievant will attend the hearing in person, unless the parties agree to a teleconference in lieu thereof.
5. The hearing will be held by a different management official who holds a position at the same or higher level of management as the person who signed the written notice of discipline.
6. When a party provides good cause to continue a hearing, the parties may schedule the hearing to reconvene on a mutually acceptable date. f not rescheduled within 21 days, the grievance will be considered denied.
7. The grievant will have the right to be accompanied and represented at the hearing by an Association representative(s).
F. Travel
For purposes of traveling to and from any hearing under this Section, a grievant(s), a witness(es) or a representative(s) who is an employee of the Company will receive air transportation in accordance with applicable pass policies. Such travel may be scheduled to allow for preparation prior to a hearing.
G. Disciplinary Grievance Hearing Decision
Within 7 days after the close of the disciplinary grievance hearing, the Company will announce its decision in writing. Such decision will be provided to the grievant and the Association in accordance with paragraph K., below.
H. Appeal of Disciplinary Grievance Hearing Decision
f the decision of the Company is not satisfactory to the grievant, it may be appealed by the Association sending a submission in accordance with Section 21 within 30 days after receipt of the decision by the Association.
. Failure to Meet Time Limits Section 19 nvestigation and Discipline 19-4
1. f any decision made by the Company under the provisions of this Section is not appealed by the Association within the time limit prescribed for such appeal, the decision of the Company will become final and binding.
2. f the Company fails to hold a hearing or render a decision within the time limit prescribed, the grievance will be considered denied, and the grievance will proceed in accordance with Section 21. n such circumstances, the Association will send a submission in accordance with Section 21 no later than 120 days after the grievance was filed.
3. All time limits in this Section may be modified, in writing, by mutual agreement.
J. Stenographic Reports
When it is mutually agreed that a stenographic report is to be taken of the investigation or hearing, in whole or in part, the cost will be borne equally by both parties to the dispute. f it is not mutually agreed that a stenographic report will be taken, any stenographic report taken of such investigation and hearing made by either of the parties will be furnished to the other party, upon request, provided that the cost of such stenographic report so requested will be borne equally by both parties.
K. Written Notification Methods
All written notification to the pilot (or grievant) and to the Company under this Section will be delivered in person, by certified mail, return receipt requested, or by any other expedited method, such as express delivery, or business courier, provided that such method documents the sender and the recipient by signature and date. Hand delivery will be made to the addressee, or person designated by the party, and such person will be regularly available on business days and during business hours. n addition to the above methods, written notification from the Company to the Association or its agents may be made by e-mail and/or facsimile to a contact(s) (no more than 3) that will be supplied by the Association.
L. Pilot Held Out of Service
1. Nothing contained in this Section 19 will prevent the Company from holding a pilot out of service pending a hearing and/or assessment of discipline.
2. The Company may hold a pilot out of service without pay pending investigation if it has a reasonable belief, based on the facts available Section 19 nvestigation and Discipline 19-5 at the time such decision is made, that the pilot's conduct could result in termination or suspension in excess of 7 days.
3. f a pilot is held out of service without pay pending investigation and no disciplinary action is taken, he will be made whole for compensation and benefits lost as a result of being held out of service. f a pilot is held out of service without pay pending investigation and the pilot is subsequently disciplined, such discipline will be retroactive to the date of his being held out of service, and if the penalty is a lesser penalty than that incurred during the withholding from service, the pilot will be made whole for the difference.
M. Total Exoneration
f, as a result of any grievance, hearing or appeal, a pilot is totally exonerated, he will be compensated for lost wages and benefits, minus interim net earnings from employment and self employment, and he will, if he has been held out of service, be reinstated without loss of seniority or longevity. n addition, unless prohibited by law, a pilot's personnel records will be cleared of the charges, other Company records will so reflect that fact, and the pilot will be notified in writing that his record has been cleared. For a termination grievance, the reasonable related air travel expenses incurred by the grievant will be reimbursed by the Company.
N. Association Leave for Representation
1. At the time a grievance is filed, the Association will designate its pilot representative for purposes of processing the grievance, provided, however, that it may substitute an alternate pilot representative if necessary. The Association's pilot representative and the grievant(s) will be granted Association leave for the performance of their duties under this Section, provided that the granting of such leave does not interfere with the operation of the Company.
2. f a request for leave is denied or a leave cancelled, the Association may require that the Company reschedule the hearing, or that the Company issue a decision on the grievance. A rescheduled hearing will be held within 14 days of the date of the original hearing, and the Company will grant Association leave necessary to allow the grievant(s) and the pilot representative to attend the hearing.
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20-1
20. NON-DSCPLNARY GREVANCES
A. Filing of a Grievance
1. Contract Grievance
A grievance under this Section is a dispute between the parties arising out of the interpretation or application of any of the terms of this Agreement. Any pilot or group of pilots who have a grievance concerning any action of the Company affecting them will be entitled to have such grievance handled in accordance with this Section.
2. Pre-grievance Discussion
a. Prior to the filing of any grievance, the pilot(s) will make a reasonable effort to discuss the matter with his supervisor in an effort to resolve it; or
b. n a matter involving a group of pilots, the MEC Chairman, or his designee, will make a reasonable effort to discuss the matter with the Vice President Flight Operations, or his designee, in an effort to resolve it.
3. Timeliness
A grievance under this Section must be sent to the Vice President Flight Operations, or his designee, in writing, within the 60 days following the event that gave rise to the grievance.
4. Content
a. A grievance will contain a reference to the provisions of this Agreement alleged to have been breached, a concise statement of the facts involved, the pilot(s), or group of pilots, who are known to the Association at the time of filing, who are alleged to be harmed, and the relief requested. n the case of a group of pilots, the group will be described in the grievance with particularity, and each pilot who is known by the Association to be a member of the group will be specified. The Association may append additional pilot(s) to a previously filed grievance within 60 days of the event that gave rise to the original grievance, provided the pilot's circumstances are within the scope of the original grievance.
Section 20 Non-Disciplinary Grievances 20-2 b. The grievance will also contain the date of the pre-grievance discussion as provided by paragraph A.2., above (if conducted), and the name of the Company representative with whom the discussion was held or attempted.
B. Contract Grievance Hearing
1. Notice and Hearing
a. A hearing will be held by the Vice President Flight Operations, or his designee, within 21 days after the Company receives the written grievance. f the 21st day falls on a weekend or Company holiday, the Company may hold such hearing on the next business day.
b. The Company and Association will mutually agree on the hearing date and time; however, if the parties do not reach agreement within 5 days from the receipt of the grievance, the Vice President Flight Operations, or his designee, will set the hearing date. Such hearings will normally be conducted on business days during business hours. The parties may mutually agree that multiple hearings will be held on the same date.
c. f the Vice President Flight Operations, or his designee, sets the hearing date, he will send or provide notification to the grievant(s) at least 96 hours before such hearing. Notice of the time and date of the hearing will be provided to the grievant(s) and Association in accordance with paragraph H., below.
d. The Company will not require a grievant(s) to attend such hearing.
2. Representation
The grievant(s) will have the right to attend and be represented at the hearing by an Association representative(s).
3. Continuation
When a party provides good cause to continue a hearing, the parties may schedule the hearing to reconvene on a mutually acceptable date. f not rescheduled within 21 days, the grievance will be considered denied.
C. Travel
Section 20 Non-Disciplinary Grievances 20-3 1. For the purposes of traveling to and from any hearing under this Section, a grievant(s), a witness(es) or a representative(s) who is an employee of the Company will receive air transportation in accordance with applicable pass policies. Such travel may be scheduled to allow for preparation prior to a hearing.
2. Subject to paragraph B.1., above, if a grievant who is an employee of the Company is unable to attend the hearing in person due to pass travel policies, the Association will have the option of having the grievant attend the hearing by teleconference or having the hearing rescheduled once as provided by paragraph B.1., above. f such grievant is unable to attend the rescheduled hearing in person, he will be permitted to attend by teleconference.
D. Contract Grievance Hearing Decision
Within 14 days after the close of such hearing, the Company will announce its decision in writing and furnish the grievant(s) and the Association a copy thereof. Such decision will be sent or provided to the grievant and the Association in accordance with paragraph H., below.
E. Appeal of Contract Grievance Hearing Decision
f the decision of the Company is not satisfactory to the grievant(s), it may be appealed by the Association sending a submission in accordance with Section 21 within 30 days after receipt by the grievant(s) of the decision.
F. Failure to Meet Time Limits
1. f any decision made by the Company under the provisions of this Section is not appealed by the Association within the time limit prescribed for such appeal, the decision of the Company will become final and binding.
2. f the Company fails to hold a hearing or render a decision within the time limit prescribed, the grievance will be considered denied, and the grievance will proceed in accordance with Section 21. n such circumstances, the Association will send a submission in accordance with Section 21 no later than 120 days after the grievance was filed.
3. All time limits in this Section may be modified, in writing, by mutual agreement.
G. Stenographic Reports
Section 20 Non-Disciplinary Grievances 20-4 When it is mutually agreed that a stenographic report is to be taken of the investigation or hearing, in whole or in part, the cost will be borne equally by both parties to the dispute. f it is not mutually agreed that a stenographic report will be taken, any stenographic report taken of such investigation and hearing made by either of the parties will be furnished to the other party, upon request, provided that the cost of such stenographic report so requested will be borne equally by both parties.
H. Written Notification Methods
All written notification to the grievant and to the Company under this Section will be delivered in person, by certified mail, return receipt requested, or by any other expedited method, such as express delivery, or business courier, provided that such method documents the sender and the recipient by signature and date. Hand delivery will be made to the addressee, or person designated by the party, and such person will be regularly available on business days and during business hours. n addition to the above methods, written notification from the Company to the Association or its agents may be made by e-mail and/or facsimile to a contact(s) (no more than 3) that will be supplied by the Association.
. Association Leave for Representation
1. At the time a grievance is filed, the Association will designate its pilot representative for purposes of processing the grievance; however, it may substitute an alternate pilot representative if necessary. The Association's pilot representative and the grievant(s) will be granted Association leave for the performance of their duties under this Section, provided that the granting of such leave does not interfere with the operation of the Company.
2. f a request for leave is denied or a leave cancelled, the Association may require that the Company reschedule the hearing, or that the Company issue a decision on the grievance. A rescheduled hearing will be held within 14 days of the date of the original hearing, and the Company will grant Association leave necessary to allow the grievant(s) and the pilot representative to attend the hearing.
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21-1
21. SYSTEM BOARD OF ADJUSTMENT
A. Establishment of System Board of Adjustment
n compliance with Section 204, Title of the Railway Labor Act, as amended, a System Board of Adjustment ("Board) is established for the purpose of adjusting and deciding disputes that may arise under the terms of this Agreement and any amendments or additions hereto and that are properly submitted to it.
B. Jurisdiction
1. Except as specifically provided in Sections [X, Y, and Z], the jurisdiction of the Board will not extend to proposed changes in hours of employment, rates of compensation, or working conditions.
2. The Board will consider any dispute properly submitted to it by the President of the Association or by the Vice President Flight Operations, or his designee, when such dispute has not been previously settled in accordance with the terms provided for in this Agreement.
3. No matter will be considered by the Board that has not first been submitted in accordance with Sections [1.., 19 or 20].
C. Submission to Mediation and Board
1. All disputes referred to the Board by the President of the Association for consideration will be addressed to the Vice President Flight Operations. All disputes referred to the Board by the Company will be addressed to the MEC Chairman of the Association.
2. Each case submitted will show:
a. Question or questions at issue; b. Statement of Facts; c. Position of pilot(s) or the Association; d. Position of Company; and e. Relief requested.
3. When possible, joint submissions should be made, but if the parties are unable to agree upon a joint submission, then either party may submit the dispute and its position to the Board.
Section 21 System Board of Adjustment 21-2 4. Unless the Company and the Association agree upon a combination of cases to be presented to the Board, each case presented will be treated as a separate case.
D. Mediation
1. Bypass
The presumption will be that a case will be mediated prior to selection of an arbitrator pursuant to paragraph E.2., however, either party may elect to bypass mediation in writing. Before a case is bypassed, the parties will meet and confer regarding the suitability of the case for mediation.
2. Training
f the parties mutually agree, a training session(s) for the mediation participants will be conducted by the National Mediation Board and will be held on a mutually agreeable date at a location selected by the parties and the National Mediation Board.
3. Selection of a Mediator
Mediators either will be provided by the National Mediation Board pursuant to a process agreed upon by the parties or by any other method mutually agreed upon by the parties. All reasonable mediator fees and expenses incurred by the parties, including the cost of any conference facilities or materials, will be shared equally between the parties. Each party will bear the cost and expenses of its participants in the mediation.
4. Jurisdiction of Mediator
a. The jurisdiction of the mediator will not extend to proposed changes in hours of employment, rates of compensation or working conditions.
b. The issue mediated will be the same as the issue the parties have failed to resolve through the grievance process.
5. Scheduling and Location
a. Prior to the start of each calendar year, in coordination with the National Mediation Board or a private mediator, the parties will mutually agree upon 5 days per calendar quarter to mediate cases. Section 21 System Board of Adjustment 21-3
b. Cases will be scheduled for mediation conference in the quarter in which they are submitted or in the ensuing quarter. f the cases cannot be scheduled during the available dates in the current or ensuing quarter, additional dates will be secured to accommodate the cases during the current or ensuing quarter consistent with the schedules of the parties and the mediator.
c. Mediation proceedings conducted pursuant to this Section will be held in the city where the general offices of the Company are located, at a mutually agreeable site.
6. Procedures
a. The grievant(s) will have the right to be present for the presentation of his case but may not be required to attend. Other attendees will include those individuals needed to present the parties' position and to reach agreement with authority to bind his respective party. Non-participating observers will not be admitted except by mutual agreement of the parties.
b. The Company and the Association will each appoint a principal spokesperson, who may be an attorney, for the mediation conference.
c. The mediation process will be informal. The mediator has authority to meet both jointly and separately with the parties; however, the mediator has no authority to compel resolution of the grievance.
d. Either party may request that the mediator give it an oral advisory opinion.
e. By agreeing to schedule a mediation conference, the parties are not waiving any procedural argument(s) that they have regarding the case. Both the Company and the Association reserve the right to raise jurisdictional or procedural issues notwithstanding their agreement to schedule such conference.
f. All parties and attendees involved in the mediation conference, including the mediator, are barred from disseminating information surrounding the conference and/or individual grievances to the public, the media or like sources; however, neither party is barred from disseminating general information regarding the scheduling and outcome of a mediation. Section 21 System Board of Adjustment 21-4
g. Unless the parties agree otherwise, a case scheduled to be mediated that is not heard at that session will be treated as if mediation has been bypassed.
7. Evidentiary Rules
a. The presentation of evidence is not limited to that presented at any previous step of the grievance procedure.
b. The rules of evidence will not apply.
c. No transcript of the mediation conference will be made.
d. Each document presented to the mediator or to the other party will be returned to the party presenting that document at the termination of the mediation conference.
e. During the Board proceedings, no reference will be made to the substance of settlement discussions held at a mediation conference.
f. During the Board proceedings there will not be any reference to statements made, documents provided, or actions taken by either the mediator or participants during the course of a mediation conference, unless the person (or the Company) on whose behalf such statements, documents or actions are offered would have had access or entitlement to them outside of the mediation conference.
g. The record of the mediation will be closed and inadmissible in any subsequent proceeding unless a written settlement is reached, in which case the record will be admissible solely to interpret or apply the settlement, if necessary.
8. Association Leave for Mediation Representation
a. At the time a grievance is scheduled for a mediation conference date, the Association will designate its pilot representative for purposes of preparing and presenting the grievance; however, it may substitute an alternate pilot representative if necessary. The Association's pilot representative and the grievant(s) (an individual pilot in the case of a group grievance or an individual pilot on a grievance with more than one similarly situated pilot) will be granted Association leave for the performance of their Section 21 System Board of Adjustment 21-5 duties under this Section, provided that the granting of such leave does not interfere with the operation of the Company.
b. n the event a request for leave for the Association's pilot representative and the grievant(s) (an individual pilot in the case of a group grievance or an individual pilot on a grievance with more than one similarly situated pilot) for the purposes of preparing a case is denied or a leave cancelled, the leave will be rescheduled to take place in sufficient time prior to the mediation conference date to provide adequate preparation time.
c. n the event a request for leave for the Association's pilot representative and the grievant(s) (an individual pilot in the case of a group grievance or an individual pilot on a grievance with more than one similarly situated pilot) for the purposes of attending the mediation conference is denied or a leave cancelled, the mediation conference will be rescheduled and heard within 60 days of its original date or either party may remove the case from mediation and proceed directly to a Board hearing as provided in this Section.
d. f the failure to hold the mediation conference is due to a substitution of the Association's pilot representative, the mediation conference will be handled in accordance with paragraph c., above.
E. System Board of Adjustment
1. Composition of the Board
a. The Board will consist of 3 members, one of whom will be appointed by the Association and one by the Company, who will be known as "Board Members, and one neutral member, who will be known as the "Neutral Board Member and will be selected in accordance with paragraph E.2., below, or any other process mutually acceptable to the Company and the Association.
b. Each party will advise the other, in writing, of the name(s) of persons who have been appointed to sit as Board Members in a case.
2. Selection of the Neutral Board Member
Section 21 System Board of Adjustment 21-6 a. f mediation does not successfully resolve a case or if mediation is bypassed, the Company and the Association will select a Neutral Board Member.
b. f the parties are unable to agree upon a Neutral Board Member, the parties will select a Neutral Board Member from the list in paragraph E.2.d., below, using an alternate strike method.
c. Regardless of the method used, a Neutral Board Member will be selected in the following timeframe:
(1) On the last day of the mediation session in which the case was heard for a discharge case.
(2) Within 7 days after the last day of the mediation session in which the case was heard for non-discharge cases.
(3) Within 30 days of mediation bypass.
d. Neutral Board Member list:
(1) Richard . Bloch (2) Jim Conway (3) Herbert Fishgold (4) Lawrence T. Holden (5) Fredric Horowitz (6) ra Jaffe (7) Josh Javits (8) Richard Kasher (9) John La Rocco (10) Dennis Nolan (11) Christine Ver Ploeg (12) Gil Vernon (13) Carol Wittenberg
e. The parties may mutually agree to select a Neutral Board Member who is not listed in paragraph E.2.d., above.
f. Should it become necessary to replace a Neutral Board Member on the list, the parties will mutually agree upon such replacement before selecting any Neutral Board Member from the list.
g. Neutral Board Members will be members of the National Academy of Arbitrators and will have aviation case experience. Section 21 System Board of Adjustment 21-7
h. A mediator may not serve as the Neutral Board Member of the Board in any case that he mediated, nor may he be called as a witness in the Board's proceedings.
3. Scheduling of Board Hearings
a. n coordination with the Neutral Board Member, the parties will set a time and date for hearing, which will not be more than 90 days after such request for hearing, unless mutually agreed otherwise.
b. f the Neutral Board Member is not available within 90 days of the request for hearing, either party may elect to restrike as provided in paragraph E.2., above, except that the unavailable Neutral Board Member will not be considered in the subsequent strike.
4. Procedures
a. A copy of the submission, including all papers and exhibits properly referred to the Board for consideration, will be provided to the Neutral Board Member and the Board Members as soon as they are known.
b. The parties will exchange a suggested list of document(s) expected to become joint exhibits the day before the Board hearing; however, the failure to include a document(s) or provide the list will not preclude their use in the hearing.
c. The Neutral Board Member will preside at meetings and hearings of the Board and will serve as Chairman. t will be the responsibility of the Chairman to guide the parties in the presentation of testimony, exhibits and argument at hearings to the end that a fair, prompt and orderly hearing of the dispute is afforded. The Board will meet in the city where the general offices of the Company are located unless the parties agree to meet at another location.
d. A grievant(s), the Company and the Association may be represented at Board hearings by such person(s) as they may designate. f the grievant is represented by someone other than the Association, he will provide the name, address and telephone number of his representative to the Association and the Company no later than 30 days before the scheduled hearing. Section 21 System Board of Adjustment 21-8
e. Evidence may be presented either orally or in writing, or both.
f. The Board may, by a majority vote, summon any witnesses who are employed by the Company and who may be deemed necessary by the parties to the dispute, or by either party, or by the Board itself.
g. The number of witnesses summoned at any one time will not be greater than the number that can be spared from the operation without interference with the operation of the Company. Witnesses providing testimony will do so under oath.
h. Each Board Member will be free to discharge his duty in an independent manner, without fear that his individual relations with the Association, the Company or with the employees may be affected in any manner by any action taken by him in good faith in his capacity as a Board Member.
5. Decision of the Board
a. The Board will render its decision in writing as promptly as possible.
b. A majority of the votes of the Board will be sufficient to make a decision.
c. Decisions of the Board in all cases properly referable to it will be final and binding.
6. Expenses
The reasonable expenses and compensation of the Neutral Board Member and the costs of the hearing facilities will be borne equally by the parties. Each of the parties will assume the compensation, travel expenses and other expenses of the Board Members selected by it and the witnesses called by it.
7. Stenographic Reports
When it is mutually agreed that a stenographic report is to be taken of the hearing, in whole or in part, the cost will be borne equally by the parties. f it is not mutually agreed that a stenographic report be taken, any stenographic report taken of such hearing made by either of the parties will be furnished to the other party, upon request, provided that Section 21 System Board of Adjustment 21-9 the cost of such stenographic report so requested will be borne equally by the parties.
8. Association Leave for Representation at the Board
a. At the time a grievance is submitted to the Board, the Association will designate its pilot representative for purposes of preparing and presenting the grievance; however, it may substitute an alternate pilot representative if necessary. The Association's pilot representative and the grievant(s) (an individual pilot in the case of a group grievance or an individual pilot on a grievance with more than one similarly situated pilot) will be granted Association leave for the performance of their duties under this Section, provided that the granting of such leave does not interfere with the operation of the Company.
b. n the event a request for leave for the Association's pilot representative and the grievant(s) (an individual pilot in the case of a group grievance or an individual pilot on a grievance with more than one similarly situated pilot) for the purposes of preparing a case is denied or a leave cancelled, the leave will be rescheduled to take place in sufficient time prior to the Board hearing date to provide adequate preparation time.
c. n the event a request for the Association's pilot representative and the grievant(s) (an individual pilot in the case of a group grievance or an individual pilot on a grievance with more than one similarly situated pilot) for leave for the purposes of attending a Board hearing is denied or a leave cancelled, the Board hearing and Association leave will be rescheduled at a time mutually agreeable to the parties and to the Neutral Board Member, but no later than 90 days after the date on which the original hearing was scheduled, unless otherwise mutually agreed upon by the parties and the Neutral Board Member.
F. Travel
For purposes of traveling to and from a mediation conference or Board hearing under this Section, a grievant(s), a witness(es) or a representative(s) who is an employee of the Company will receive air transportation in accordance with applicable pass policies. Such travel may be scheduled to allow for preparation prior to a hearing.
G. All time limits in this Section may be modified, in writing, by mutual agreement.
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22-1
22. SENORTY
A. Commencement, Accrual and Retention
1. The seniority of a pilot will accrue from his date of hire, as defined in Section 2.
2. When 2 or more pilots have the same date of hire, their names will be placed on the seniority list according to their age; i.e., the older pilot will receive the lower number. When 2 or more pilots have the same date of hire and have the same birth date, their relative seniority position will be determined by drawing lots.
3. Except as otherwise provided in this Agreement, seniority will govern all pilots in the case of filling of vacancies, furlough and recall, and awarding lines of flying, vacations and training.
4. Once a pilot has established a relative seniority placement on the seniority list in accordance with this Agreement, he will continue to accrue seniority and will not lose that relative placement, except as provided in this Agreement.
5. When a junior pilot is upgraded before a senior pilot, the senior pilot will retain his relative position on the seniority list.
6. A pilot will forfeit his pilot seniority rights and his name will be removed from the pilot seniority list under the following conditions:
a. He resigns; b. He attains the maximum age for airline pilots specified by law or Federal regulation; c. He is discharged; d. He declines recall or fails to notify the Company of his intent to return to work from furlough; or e. He fails to return to work at the expiration of a leave of absence in accordance with Section 13.
B. Seniority List
1. The seniority list will contain the names of all pilots (last name, first name) entitled to seniority, whether active or inactive, and will indicate each pilot's employee number, date of birth, current position, date of hire and longevity date or adjusted longevity date. The list will be brought up to date monthly and posted within 30 days thereafter on Section 22 Seniority 22-2 the Company website. At the same time, the Company will update the list electronically and thereafter post the list monthly on the Company's website. The monthly updated seniority list will be sent to the Association in Excel or compatible electronic file format.
2. The Company will provide the MEC Chairman with a list of all new pilots, by class, showing their date of hire and birth date.
C. Protests
1. Any alleged error or omission affecting a pilot's seniority on any list on which his name first appears or on which his relative seniority position is adversely changed must be protested by him in writing within 30 days of the posting of such initial or changed list. A pilot will be responsible for monitoring any list(s). A pilot making no protest within this time may not thereafter protest the same alleged error or omission on any subsequent list.
2. A pilot on vacation, furlough or leave of absence will have 30 days from return to service to protest his relative seniority position.
D. Probation
1. A pilot will be on probation for a 365 day period of active service starting on the new hire pilot's first day of training. During this period a pilot is observed and evaluated for the purpose of continued employment, which can be extended by 90 days if at the end of the probationary period it is deemed appropriate by the Company.
2. A probationary pilot may be disciplined by the Company, at its sole discretion, with no resort to the grievance procedure or System Board of Adjustment. Probationary pilots may file non-disciplinary grievances.
3. f the Company elects to conduct a probationary review, a pilot will not be called to the airport on a day off for the purpose of attending such review, and the duration of such review will not exceed 2 hours.
23-1
23. FURLOUGH AND RECALL
A. Furlough
1. Before a furlough takes place, the Company will notify the Association as soon as reasonably practical after becoming aware that furloughs may be necessary. The Company and the Association will then meet in good faith to explore furlough mitigation options in addition to those required by this Agreement.
2. A pilot will be furloughed in inverse order of seniority.
3. A pilot to be furloughed will be notified in writing either in person or at the last address he has on file with the Company by certified mail, return receipt requested, or by any other expedited method, such as Express Mail, provided that such method documents the sender and the recipient by signature and date sent.
4. Notice or Pay in Lieu of Notice
a. Whether mailed or delivered in person, a pilot will receive notice of furlough, or pay in lieu thereof, except in cases of emergency, strikes, acts of God, or other causes beyond the control of the Company in accordance with the following:
Longevity at date of notice Notice or pay in lieu of notice 4 years 30 days > 4 years - 6 years 45 days > 6 years 60 days
b. Pay in lieu of notice will be paid at the pilot's minimum monthly guarantee and will be offset by any Company interim earnings. A pilot who bypasses recall will not be entitled to any pay in lieu of notice following his bypass. A pilot entitled to receive pay in lieu of notice who is otherwise in a pay status will have his time when he would be entitled to pay in lieu of notice reduced by the amount of time he is in a pay status.
c. A pilot who is not in active service on the day immediately prior to the day pay in lieu of notice would otherwise begin will not be entitled to any pay in lieu of notice. Section 23 Furlough and Recall 23-2
5. The Company may cancel a furlough by written notice to the pilot prior to the effective date of the furlough.
6. A furloughed pilot, including a pilot on voluntary furlough, will retain and accrue seniority while on furlough and will retain and accrue longevity while on furlough and receiving pay in lieu of notice.
7. Benefits for a furloughed pilot, including a pilot on voluntary furlough, will be in accordance with Section 27, except that nothing in this Section is intended to deprive such a pilot from benefits expressly granted to a furloughed pilot by the benefit plans provided in Section 27.
8. The Company will provide medical insurance benefits to a furloughed pilot as if he were an active pilot through the last day of the month following the month in which the pilot was furloughed, or the last day of the month following the completion of the pay in lieu of notice period provided in paragraph A.4.a., above.
9. A pilot furloughed for less than 30 days will receive pay and benefits as if he were available for duty. Such pilot will be eligible for travel benefits in accordance with applicable pass policies.
10. When a pilot is furloughed, he will be paid for all accrued vacation.
11. Voluntary Furlough
a. The Company may offer voluntary furloughs by seniority within a position.
b. A pilot may request to take a voluntary furlough in lieu of displacing into another position.
c. A pilot who takes a voluntary furlough will be eligible for recall in seniority order.
d. Such pilot will return to the position he held at the beginning of the voluntary furlough. f he cannot hold such position, the pilot will exercise his seniority to secure a position in accordance with Section 24.
e. A pilot who takes a voluntary furlough will be paid any compensation owed to him at the time he leaves active service under the same terms and conditions as those for furloughed pilots. Section 23 Furlough and Recall 23-3
12. Nothing herein diminishes the Company's right to terminate the employment of a probationary pilot. f the Company elects to terminate the employment of a probationary pilot who would be eligible for rehire, the Company will offer that pilot the opportunity to resign his employment as an alternative to termination.
B. Status During Furlough
1. The Company website will contain a location where a furloughed pilot may access and update the information required by this Section. A pilot may also submit any required information in writing. Such information will be made available to the Association.
2. At the time of furlough, a furloughed pilot will provide his mailing address, e-mail address and telephone number to the Company. A pilot will provide to the Company his choice to receive recall notice(s) via e-mail or parcel post.
3. Annual nformation Update
a. Each year during the month of July, a furloughed pilot will update or confirm his current mailing address, e-mail address and phone number. A pilot may also update his choice to receive recall notice(s) via e-mail or parcel post. Completing this process will indicate his preference to remain on the seniority list.
b. On August 1 of each year, the Company will provide the Association with a list of all pilots who failed to update or confirm their information during the month of July.
c. The Association will have until September 1 to attempt to contact such pilots and provide the Company with the information required by Paragraph a., above.
d. Any pilot who has not provided the required information by September 1 will be removed from the seniority list.
4. The Company will provide and update as soon as practical the following information to the MEC Chairman:
a. a list of furloughed pilots listed by seniority number; b. a copy of the most recent recall notice, if applicable; and c. the date and time of the last update to such information.
Section 23 Furlough and Recall 23-4 C. Recall and Bypass
1. Recall
a. A pilot will be recalled in order of seniority. When a pilot is recalled, his longevity date will be adjusted by the amount of time spent on furlough and not receiving pay in lieu of notice.
b. The seniority and recall rights of a furloughed pilot will not terminate as long as his name remains on the seniority list.
c. A pilot will be notified of his recall in writing, either in person or at the last address he has filed with the Company as provided by this Section by any expedited method, such as Express Mail, or e-mail, provided that such method documents the sender and date sent. Such notification will provide a pilot with an e-mail and mailing address and phone number to notify the Company of his response to such recall notice. A telephone call to the Company responding to a recall notice must be followed by timely notice in writing as specified in paragraphs C.1.e. and C.1.f., below.
d. The Company may notify more pilots than the number being recalled to identify those who will accept recall.
e. Any pilot who receives a recall notice will be allowed a period of 10 days from delivery receipt within which to respond in writing to the Company's recall notice. Such response will be by expedited method such as Express Mail, or e-mail, provided that such method documents the sender and date sent. Upon request, the Company will send a return e-mail confirming that the Company has received the pilot's response.
f. A pilot may indicate the following responses to a notice of recall:
(1) Accept recall; (2) Bypass recall if eligible, otherwise accept recall; (3) Bypass recall if eligible, otherwise reject recall; or (4) Reject recall.
g. A pilot who rejects recall will be removed from the seniority list.
h. At the time the Company sends out a recall notice, it will notify the MEC Chairman of the number of pilots who are being Section 23 Furlough and Recall 23-5 recalled and the dates of recall and provide a representative copy of the recall notice.
i. A furloughed pilot who fails to respond within 10 days will:
(1) f eligible for bypass as provided in paragraph C.2., below, he will be considered bypassed;
(2) f not eligible for bypass as provided in paragraph C.2., below, he will then be removed from the seniority list. f a recall notice is deemed undeliverable, the Association will be notified and have 10 days to attempt to reach such pilot before he is removed from the seniority list.
j. A furloughed pilot will be allowed 14 days from his acceptance of recall to report to active service at the location specified by the Company. The Company may extend this period of time to report to active service.
k. f the Company determines that more pilots have accepted recall than the number required, the Company will notify such excess pilots as soon as possible before the recall report date by an expedited method as described in paragraph C.1.c., above, and attempt to contact the pilot by telephone.
l. A pilot who accepts recall and has reported pursuant to this Section and remains available will receive no less than 2 months minimum guarantee at the appropriate rate before a subsequent furlough.
2. Bypass
A pilot will be eligible for bypass unless all furloughed pilots junior to him have been recalled.
D. General
1. A pilot on furlough will be granted travel benefits in accordance with applicable pass policies.
2. A furloughed pilot will be provided air travel to his domestic home of record after the completion of his last assignment.
3. Notification required under the WARN Act will be delivered to the MEC Chairman via certified mail.
23-6 THS PAGE NTENTONALLY LEFT BLANK
24-1
24. FLLNG OF VACANCES
A. Staffing and Vacancies
1. The Company will determine staffing requirements. n making its determination, the Company will employ a sufficient number of pilots in each position to cover known and expected flying, vacation, sick leave, training, leaves of absence and to minimize disruption of [blockholders'] schedules. The Company will maintain reserves in a sufficient number to minimize Junior Manning and Extensions of pilots.
2. At the final award of lines, each position will be staffed with a reserve complement of no less than 10% of the number of blockholders.
a. f the Company fails to provide the reserve coverage required by paragraph A.2., above, pilots in that position will be paid [junior manning rate] for any open time picked up. f a pilot is junior assigned or extended during that bid period, he will be paid [junior manning rate] for each trip that he is junior assigned or extended and will receive an extra vacation day to be used during the following year.
EXAMPLE: A pilot is scheduled to fly EWR-CAE-EWR, arriving back at EWR at 1200 to finish his 4-day trip. Upon blocking in at EWR at the completion of his trip, he is reassigned to fly an additional round trip, EWR-PVD-EWR. If the Company fails to meet the reserve coverage required above, the pilot will receive an extra vacation day to be used in the following year in addition to [junior manning rate] pay for the PVD round-trip.
EXAMPLE: A pilot is scheduled to fly ATL-CAE-ATL, arriving back at ATL at 1200 to finish his 4-day trip. However, during the course of his trip, he is removed from the CAE round-trip and assigned a replacement trip, ATL-CLT-ATL, instead. He arrives back at ATL at 1215. If the Company fails to meet the reserve coverage required above, the pilot will not receive an extra vacation day to be used in the following year but, in accordance with Section 25 will receive [junior manning rate] for 15 minutes due to the fact that he arrives back at Section 24 Filling of Vacancies 24-2 ATL 15 minutes past his originally scheduled arrival time.
b. After the final award, if the reserve percentage in a position drops below 10% as a result of medical, bereavement, or military leave; training failures, or other uncontrollable leaves, the provisions of paragraph A.2.a., above, will not apply.
c. The Company will inform the Scheduling Committee if the provisions of A.2., above, have not been met in a bid period.
3. The Company and Association will hold meetings not less than quarterly, or more frequently if requested by the Company, or the MEC Chairman or his designee, to share information about current and anticipated staffing requirements. The Company will share relevant data and plans about marketing changes and the impact on staffing, along with its analysis and calculation of staffing requirements with Association representatives.
4. Vacancies will be permanent or temporary.
B. Permanent Positions
1. A permanent position vacancy will be filled when a position is anticipated to exist for more than 3 months. A temporary position will be converted to a permanent position if it has existed for more than 3 months.
2. A permanent position will be awarded or assigned to each pilot who is not on furlough.
C. Temporary Positions
1. A temporary position is a position anticipated to exist for 1 month or more, but not more than 3 months.
2. Temporary positions will be identified prior to the monthly bid package and will be bid on and awarded on a month-by-month basis in order of seniority among available currently qualified bidders. The temporary position announcement will identify the positions from which bids will be accepted. f there are insufficient available currently qualified bidders, the temporary positions will be assigned to available currently qualified pilots in inverse seniority order. Should a temporary position become available after the bid package publication, but before the final schedule, it will be filled by available currently qualified reserve pilots in the domicile and, if there are no available currently qualified Section 24 Filling of Vacancies 24-3 reserve pilots in the domicile, then by available currently qualified reserve pilots from another domicile. A pilot is considered "available for a temporary position if he is qualified to bid a line pursuant to Section 25.
3. The Company will not award or assign a temporary position to a pilot who has training or vacation scheduled that would conflict with the performance of his duties in the temporary position. f there are insufficient available currently qualified bidders, the temporary positions will be assigned to pilots who do not have training or vacation in inverse seniority order.
4. No pilot will be assigned to a temporary position for more than 3 consecutive months or more than 6 months in any 12 consecutive months, unless the pilot waives this requirement.
5. A pilot holding a temporary position will bid a monthly schedule in his temporary position in accordance with his seniority. A pilot assigned to a temporary position after monthly bids have been awarded will be assigned as a reserve pilot for the remainder of such bid period.
6. A pilot holding a temporary position at a domicile other than his permanent domicile will be paid per diem in accordance with Section [5.E.]
7. A pilot holding a temporary position at a domicile other than his permanent domicile will be provided with lodging in accordance with Section [5.A.] and transportation in accordance with Section [5.B.]
D. Standing Vacancy Bid
1. The Company will make available an electronic system for a pilot to:
a. Submit a standing vacancy bid; and b. View the most recent final awarded
2. A pilot should maintain a standing vacancy bid regardless of their current status.
3. A pilot will be able to prioritize their standing vacancy bid by position for all available aircraft types flown by the Company and for which they are eligible to bid for.
4. A pilot will have three bidsheets:
a. Standard bidsheet, Section 24 Filling of Vacancies 24-4 b. nvoluntary Displacement bidsheet, and c. Voluntary displacement bidsheet. 5. Percentage Bidding a. A pilot may use percentage bidding to bid a relative position within a position. This percentage will be applied at the time the pilot's bidsheet is processed based on active pilots in the position at the time of the Final Award. b. f a pilot does not specify a percentage associated with a position, the system will default to 100%. 6. A pilot's displacement bidsheet will have the same bid preferences as his standard bidsheet unless he specifies otherwise. 7. A pilot will be able to change his standing vacancy bid at any time the system is not closed for awarding. 8. Each time a standing vacancy bid is submitted: a. The Standing Vacancy Bid page will reflect the new bid with a date/time stamp. b. The pilot will receive a Company email to reflect the submission of a new standing vacancy bid. 9. The system will close for the processing of awards as specified in the position notice. No further vacancy bids will be accepted until the system opens with the publishing of the final award. 10. f a pilot does not have a standing vacancy bid on file or his standing vacancy bid does not indicate sufficient choices, he will be considered to be bidding for his current position. f his seniority no longer entitles him to such position, the Company may assign such pilot to a position. E. Position Notices 1. Position notices will be numbered consecutively using a numbering system indicating the year and notice number, e.g., 12-01, 12-02, etc. 2. A position notice will be posted at least monthly, unless there are no vacancies or reductions. A position notice may reference more than one position for bid (e.g., 3 CR2 Captains ATL and 2 CR2 First Officers ATL). All positions on a position notice need not have the same effective date, but all vacancies or reductions within a position Section 24 Filling of Vacancies 24-5 on a position notice will have the same effective date (e.g., 3 CR2 Captains ATL effective 2012 June 07 and 2 CR2 First Officers ATL effective 2012 May 21).
3. A position notice will include the following:
a. Position notice number.
b. The number of vacancies and/or reductions by position.
c. The effective date of the award or assignment.
d. A deadline date for bid closing, which will be no earlier than 10 days from bid opening. The bid will close at 1700 Eastern Time on such date.
e. Date final award is to be posted.
f. The projected minimum and maximum number of positions, on the effective date, for which vacancies are posted. Such projection is intended to be informative only to assist pilots in the bidding process.
g. The number of positions shown on the most recent assignment sheet for which vacancies are posted
4. A position notice may be cancelled at any time up to the date the final award is posted. The Company may change the number of positions in a position notice up to 25% or 5 positions, whichever is greater, without cancelling the position notice. All pilots will be notified of any changes made to the number of positions.
5. After a position notice is posted there will be no modification of the effective date, except in accordance with paragraph J.9., below.
F. Awarding Positions
1. The awarding of positions will be determined as follows from the bid sheets on file at the time of the closing so that when the process is complete, all of the pilots will be in the most senior position that they can hold consistent with the provisions of this section:
a. Vacancies (both posted and resultant) will be awarded in seniority order using a pilot's Standard bidsheet.
Section 24 Filling of Vacancies 24-6 b. f any displacements are required, voluntary displacements will be awarded in seniority order using a pilot's Voluntary Displacement bidsheet.
c. Any remaining displacements will be awarded in seniority order using a pilot's nvoluntary Displacement bidsheet.
2. Displacements
a. A pilot is displaced when he is unable to hold his current position as a result of his seniority.
b. A pilot who is displaced will be awarded the first position that he has listed on nvoluntary Displacement bidsheet that he is entitled to according to his seniority. He may displace a junior pilot in any position.
c. A displaced pilot who fails to bid a position or who bids insufficient choices for positions will be assigned a position by the Company.
d. A pilot who is displaced will receive the pay for his new position beginning on the date he is advanced to the new position.
e. Voluntary Displacements
A pilot who is not subject to displacement will be awarded a voluntary displacement if he has a position listed on his Voluntary Displacement bidsheet which could be held by the most senior remaining pilot in his current position subject to displacement.
3. The Company may, at its discretion, assign a new hire pilot to his initial category after all other pilots have bid on position notices. After such assignment, a new hire pilot may bid for his domicile in seniority order, and if he fails to submit an appropriate bid the Company will assign his domicile. After a new hire pilot receives his initial position, he is subject to the category freeze set forth in paragraph F.4., below. n no case will a new hire pilot be awarded a domicile that a more senior pilot has listed on their standing vacancy bid ahead of their current domicile.
4. Category Freeze
Section 24 Filling of Vacancies 24-7 a. A pilot who is awarded a new position will incur a category freeze of 18 months from the date of such final award; however, such pilot will:
(1) Not be frozen when the permanent position requires requalification training of less than 5 days;
(2) Be released from a category freeze for upgrade or for transition to a new aircraft type with a higher hourly rate of pay. For purposes of this paragraph, the term "new aircraft type will include all aircraft types that have been in operation by the Company for fewer than 6 months;
(3) Not be subject to a category freeze in the new position to which he has been displaced if it has a lower hourly rate of pay;
(4) Not be frozen in a position to which he has been displaced if it has the same hourly rate of pay, except that he will be subject to any period of time remaining on a preexisting freeze; and
(5) Be released from a category freeze in the event he is awarded a permanent vacancy in a new domicile as defined in Section 6.A.2.
b. A displacement breaks a category freeze, i.e., a category freeze does not prevent a pilot from being displaced.
c. f the Company waives a category freeze for one pilot bidding on a position notice, it will also do so for all other pilots senior to that pilot bidding on that position notice who have sufficient seniority to hold the position(s).
d. The Company will post a "freeze list by the first of each month, which will include a list of all pilots who are in a category freeze and the dates of their release from such freezes.
e. Notwithstanding paragraph F.4.a., above, a pilot who bids for and is awarded a position with a lower hourly rate of pay will incur a 24 month category freeze.
5. Seniority notwithstanding, the Company may bypass a pilot on leave of absence unless such pilot provides a written statement to the Company at least 5 days before such position is awarded that he will return from the leave of absence on the date when any required Section 24 Filling of Vacancies 24-8 training commences for such position, or, if no training is required, on the position's effective date.
6. The requirements for a pilot to be awarded any position will not be greater than Federal Aviation Regulation minimums.
7. Notwithstanding the provisions of paragraph F.1., above, on any final award, the Company will not be required to award positions in a different category to more than 10 percent of the pilots in a position in a small fleet. A small fleet is any aircraft type being reduced that consists of the lesser of 15 percent of the entire fleet or 20 aircraft. A pilot not awarded a position in accordance with this paragraph is considered bypassed and is entitled to bypass pay on a one-for-one basis for the position he would have been awarded. Such pilot's bypass pay will commence on the earlier of the date a junior pilot on the same award commences pay or the effective date for the bypassed position, and will continue until he commences pay in a new position or no longer expresses a preference for the bypassed position. Should the Company acquire a new small fleet, it will meet with the MEC Chairman, or his designee, to discuss potential training issues that occur as a result of the language in this paragraph. For the purpose of this paragraph, common aircraft types, e.g., EMB-135 and EMB-145, are considered the same fleet.
8. A pilot awarded a different domicile within his category is not entitled to the benefits of Sections 5.E.3. more than once, unless it is a newly opened domicile as defined in Section 6.A.2. This paragraph does not apply to a displaced pilot.
G. Final Awards
1. The final award will be posted no later than 10 days after the bid closing date.
2. The final award will include the following:
a. The date it is posted.
b. The corresponding position notice (e.g., 12-01).
c. The effective date.
d. The following information for all pilots on the seniority list:
(1) Name (2) System Seniority Section 24 Filling of Vacancies 24-9 (3) Current Position (4) Future Position
3. When the need to fill or reduce a position is due to emergency, strikes, acts of God or other causes beyond the control of the Company, the time limits set forth in paragraphs E.3.d. and G.1., above, may be altered as necessary by the Company after conferring with the MEC Chairman.
4. Class Dates
a. Within 14 days after posting of the final award, the Company will post for bid the available advancement and training dates. Pilots awarded those vacancies are eligible to bid on the dates. Bids will close 7 days after posting and be awarded in accordance with seniority. f a pilot fails to bid or bids an insufficient number of choices, he will be assigned the earliest date to which his seniority entitles him. Awards will be posted 7 days after bid closing.
b. After training dates are awarded they cannot be moved more the +/- 45 days, unless the affected pilot(s) is afforded an opportunity to withdraw from the affected class and return to his previous position without an associated freeze
H. Modification of Final Award
1. A final award may be cancelled by position at any time up to the earliest effective date for that position.
2. f there have been subsequent final awards for the affected position at the time a final award is cancelled, the pilot(s) will have the following options:
a. Return to his previous position without an associated freeze, or
b. Seniority permitting, displace a pilot in the first subsequent final award that contains the same position that he can hold by virtue of his seniority.
3. f the training for such subsequent position in paragraph H.2.b., above, has already commenced, the pilot(s) from the cancelled final award will enter training in a subsequent class; however, he will retain the effective date of the position notice that he displaced into.
Section 24 Filling of Vacancies 24-10 4. f a pilot(s) on a cancelled final award chooses paragraph H.2.b., above, the junior affected pilot(s) on the subsequent final award will have the options in paragraphs H.2.a & b., above, and for each junior affected pilot(s) thereafter.
. Assignment Sheet
The Company will post a monthly assignment sheet containing the name of each pilot on the seniority list in seniority order within position. Such sheet will include:
1. The pilot's seniority number.
2. The pilot's current assignment.
3. Pilots not bidding while serving as an instructor pilot or a trainee.
4. Pilots designated as Line Check Pilots.
5. Plots not eligible to bid
6. Pilots transferred to supervisory or non-flying duty.
J. Advancement and Commencement of Pay
1. A pilot who is awarded a new position will receive pay for that position on the earlier of his advancement (paid retroactively to the beginning of OE, if required) or the effective date of the award.
2. When training is not required to fill a new position, a pilot will be advanced on his advancement date except as provided in paragraph J.5., below.
3. When training is required to fill a new position, a pilot will be considered advanced on the date that the required training is successfully completed or 60 days after the pilot's awarded training date, whichever is earlier, unless the completion of training is delayed beyond the 60th day for the reasons set forth in paragraphs J.4. or 5., below. A pilot will have successfully completed training when all required elements of the training program, including a PC, line check, or OE, are completed.
4. A pilot who requires training will not be entitled to the pay for his new position 60 days after the pilot's awarded training date if his successful completion of training is delayed beyond the 60th day because of delays attributable to the pilot, (e.g., a recommendation for additional Section 24 Filling of Vacancies 24-11 training, failure during training, or the granting of a pilot's request to delay training). Delays attributable to the Company will not extend the date on which a pilot is entitled to his new pay.
5. f the Company cannot release a pilot from his current position to attend training or advance the pilot to his new position because there are an insufficient number of pilots in his status and domicile, the Company may delay training for up to 60 days or advancement for up to two bid periods. The determination that there are insufficient pilots will be made on an individual basis in accordance with seniority and discussed with the Association. n this case, a pilot will receive pay for his new position when the training is complete and the pilot is advanced or 60 days after the revised training date, whichever is earlier, except as provided in paragraph 4., above.
6. A pilot whose advancement to a newly awarded domicile has been delayed in accordance with paragraph 5., above, and whose home of record is within 150 miles of that domicile will be entitled to the following from the original advancement date until he is advanced to that domicile:
a. travel in accordance with Section 8 between the pilot's newly awarded domicile and his current domicile or, at a pilot's option, to his home of record.
b. lodging in the pilot's current domicile to accommodate the pilot's schedule (to include the night prior to trip origination and the night of trip termination at the pilot's request); and,
c. per diem while on duty.
7. An effective date will not be more than 210 days from the date of the posting of the final award.
8. An effective date on a subsequent position notice, for the same position, will not precede the effective date of an earlier position notice.
9. The effective date may be delayed only once for up to 30 days from the date posted on the final award only under the following circumstances:
a. Anticipated new aircraft type.
Section 24 Filling of Vacancies 24-12 b. Aircraft delivery delays Manufacturers delay of more than 30 days in delivery of new aircraft that are on order by the Company.
c. Unanticipated additional flying Additional flying that begins in a time frame less than required to train a pilot to fill a vacancy and that cannot be staffed through a temporary position.
d. Greater than anticipated attrition Attrition greater than projected at the monthly scheduling meeting based on anticipated resignations and retirements that occur in a time frame less than required to train a pilot to fill a vacancy and that cannot be staffed through a temporary position.
e. Greater than projected leaves of absence Leaves of absence greater than projected at the monthly scheduling meeting based on anticipated medical, military, Association, jury duty, or family medical leaves that occur in a time frame less than required to train a pilot to fill a vacancy and that cannot be staffed through a temporary position.
f. Unanticipated aircraft maintenance and FAA mandates Unscheduled aircraft maintenance that require the removal of one or more aircraft from revenue service and that causes additional flying in the pilot's previous category and that cannot be staffed through the use of a temporary position.
g. Unanticipated delay in training Unusual and substantial delay in training caused by the unanticipated unavailability of a simulator, FAA examiner, a training facility, or unusual and substantial increases in the student failure rate.
10. f more than one pilot is awarded the same category on the same final award, and due to the Company's delay, a junior pilot completes his proficiency check before a senior pilot, and both pilots subsequently complete OE, and the junior pilot begins performing duties in the position with the higher rate of pay, the senior pilot will receive the higher rate retroactive to the junior pilot's proficiency check date.
11. The requirements of this paragraph J. do not apply to new hires.
K. Effect of Subsequent Vacancy Awards
1. f a pilot is awarded a vacancy subsequent to an award that does not require training, the pilot will be advanced to the earlier or subsequent award as follows: Section 24 Filling of Vacancies 24-13
a. He will be advanced to the earlier or subsequent award on the pilot's advancement date for the earlier award.
b. He will be advanced to the subsequent award no later than the pilot's advancement date for that award.
2. f a pilot is awarded a vacancy subsequent to an award that requires training, he will complete the training associated with the earlier award. Upon successful completion of training, he will be advanced to the earlier award or the subsequent award as follows:
a. He will be advanced to the earlier or subsequent award.
b. He will be advanced to the subsequent award no later than the advancement date for that award
3. These advancement and training dates are subject to the provisions of paragraph J.5., above.
L. Pilots Approaching Regulatory Retirement Age
1. f a pilot requires initial, transition, upgrade, requalification or differences training for his awarded permanent position and is within 24 months of the date he will reach the regulatory age limit for pilots, the Company may pay the pilot at the hourly rate for the awarded permanent position in lieu of assigning him to training.
2. Such pilot will be assigned to his current permanent position for which he is currently qualified. f he is not currently qualified in his current permanent position, the Company may:
a. Assign him to another position for which he is currently qualified, or
b. Qualify him in his current permanent position, or
c. Declare him ineligible for the pay described in paragraph L.1., above, and train him for his awarded permanent position.
3. The pay described in paragraph L.1., above, will commence when a junior pilot on the same final award completes training and commences duties on a one-for-one basis and will continue as long as the pilot is assigned to, and performs duties in, the position to which he is assigned in accordance with paragraph L.2., above.
Section 24 Filling of Vacancies 24-14 4. The Company may assign the pilot to training in accordance with his awarded permanent position at any time provided the Company provides 15 days notice before training begins.
5. The Company may not exercise the options in paragraphs L.1. or L.4., above, unless the Company has bypassed all eligible, similarly situated pilots holding an award to the same category with:
a. The same final award, and
b. Earlier retirement dates.
6. A pilot will not be eligible for the pay described in paragraph L.1., above, unless directed in writing by the Vice President Flight Operations.
M. Domicile Trades
Pilots holding vacancy awards in the same category in different domiciles may trade those domiciles as follows:
1. The proposed domicile trade must be submitted to the Company in the following manner:
a. The email must be sent to the following email address: pilotbasetrades@expressjet.com
b. The email must include the following:
(1) Pilot's Last Name (2) Pilot's First Name (3) Pilot's Employee Number (4) Current Base (e.g., ATL/CLE/ORD/AD) (5) Current Equipment (e.g., ERJ/CR7/SRJ/CR2) (6) Current Status: (CA/FO) (7) Proposed Base (e.g., AH/DTW)
c. ncomplete base trade requests will not be honored.
2. The Company will accept requests each month beginning on the 1 st
day of the month until the 20 th day of the month.
3. The list of pilots who have requested a domicile trade will be published on the Company website, and will be updated on the 5 th , 10 th , and 15 th
of each month. f the 5 th , 10 th , or 15 th falls on a weekend, the list will be updated the following business day.
Section 24 Filling of Vacancies 24-15 4. On the 21 st of each month, domicile trades will be paired in seniority order, and awarded NLT the 21 st at 23:59 ET. f the 21 st falls on a weekend, the award will be posted online the following business day.
5. Domicile trades awarded will be effective in the next monthly bidding process following the award. For example in April 2012, the trading window would be from April 1, 2012, until April 20, 2012. The awards would be posted on Monday, April 23, 2012 (the next business day after April 20, 2012). Trades awarded would be effective for the June 2012 bidding process (the next monthly bidding process following the award).
6. Pilots who requested, but were not awarded a domicile trade, and who are still interested, must resubmit their request the following month.
7. Pilots who trade domiciles are not entitled to Company-paid moving benefits.
8. Once submitted, a pilot will not be able to withdraw his base trade request, but may choose to not submit a request the following month if his trade was not awarded.
9. The process contained in this paragraph M. may be automated.
N. Opening of Domiciles
1. At least 1 week prior to the announcement of the opening of a new domicile, the Company will notify the MEC Chairman of such opening and, upon request, meet and confer with the MEC Chairman regarding the impact of such opening on pilots.
2. The Company will give at least 30 days notice before opening a new domicile.
3. A pilot who is awarded or assigned a permanent position in a different domicile will be given no fewer than 10 days from the date of the posting of the final award sheet in which to report.
O. General
1. Concurrently with posting any assignment sheet, position notice, final award sheet, or freeze list, the Company will provide a copy to the MEC Chairman, or his designee.
Section 24 Filling of Vacancies 24-16 2. For purposes of this Section "post, posted or posting means made available electronically or in a printed form to the pilots at each domicile.
25-1
25. SCHEDULNG
A. Pilot Classifications
Only regular and reserve (including long-call, short-call, and airport standby) pilots will be used to fill daily and monthly flight assignments except that instructor pilots, supervisory pilots, management pilots and administrative pilots may also perform flight assignments as permitted by this Agreement.
B. Bid Periods
1. Bid periods for scheduling, bidding, and pay are established as follows:
January: 30 days Jan 1-30 February: 30 days* Jan 31-Mar 1 March: 30 days Mar 2-31 April: 30 days Apr 1-30 May: 30 days May 1-30 June: 30 days May 31-Jun 29 July: 30 days Jun 30-Jul 29 August: 31 days Jul 30-Aug 29 September: 31 days Aug 30- Sep 29 October: 31 days Sep 30-Oct 30 November: 31 days Oct 31-Nov 30 December: 31 days Dec 1-31
*Leap Year will make February a 31 day bid period.
2. The parties may agree to changes to bid periods. Any change will be included in the Bid Packet and will not affect the minimum monthly guarantee. Agreement for changes will not be unreasonably withheld.
C. Pairing Construction
1. All known flying will be constructed into pairings
2. Charter flying will be constructed into pairings when the report times are finalized but no less than 48 hours prior to departure.
3. Flying received after pairing construction will be worked into existing pairings and remaining flying will be placed into open time.
4. Maximum Scheduled Segments in a Duty Period Section 25 Scheduling 25-2
Except as provided by section [12.B.5.-6.], pairings will be constructed with no more than 6 segments in a duty period including deadheads
5. Pairings will be constructed with no more than 4 days.
6. Pairings will start and end at a pilot's domicile.
7. The Company and the Association will have equal access to pairing generation hardware and software at Company expense.
8. The Association will be provided pairing generation training by the pairing generation vendor at Company expense as follows:
a. 3 Association Scheduling Committee (ASC) members will be trained. b. 1 ASC member will be trained for each additional fleet type. c. Additional ASC member(s) will be trained in the event of a departure of a trained ASC member(s). d. Maximum 3 trained per year. e. n the event of a software or vendor change, training will be provided.
9. Pairing Generation
a. The Company and the Association will collaborate in the pairing generation process
b. The Company and the Association recognize that the goal for pairing generation is the following:
(1) Pairing consistency (2) A mixture of 1-days, 2-days, 3-days, and 4-days (3) Productivity (4) Commutability (5) Minimize the use of extended breaks (6) Minimize the use of deadheads (7) Cost and Quality of Life
c. The parties recognize that major partner flying and domicile requirements may be a factor in applying the terms of paragraph [9.b.], above.
d. The parties will attempt to agree on a solution.
Section 25 Scheduling 25-3 10. The Association Scheduling Committee Chairman may authorize exceptions to the scheduling limitations specified in this paragraph [C.], and paragraph [D.], below.
D. Line Construction
1. General
a. This paragraph [D.] is negotiated as provided by the Process for nterim and Single Preferential Bidding Systems (herein after referred to as "PBS Process Agreement). Any modifications must be as provided by the terms of the PBS Process Agreement.
b. Unless explicitly agreed in accordance with the PBS Process Agreement, nothing contained in this paragraph [D.] will supersede the PBS Process Agreement or alter any of the parties' obligations under the PBS Process Agreement.
2. Legacy ASA System
a. Definitions
n addition to the definitions in Section 2, the following definitions will apply to this paragraph [D.2.]
Administrative paneI or AirIine buiId option The control panel associated with PBS from which a setting(s) can be made to dictate the outcome of a bid run solution.
AirIine BuiId ThreshoId or ThreshoId Line vaIue (TLV) The credit hour value set in the administrative panel of the PBS for conducting bid runs in a position. The threshold is the point where pairings will not be added if the current schedule is complete so long as the value for a schedule is equal to or greater than the min credit value spanning to or equal to the max credit window value.
Audit TraiI - An individual reasons report generated by the PBS for a pilot(s), specifying why each trip was awarded or not awarded to such pilot(s).
ActuaI Average Line VaIue (AALV) or Average ScheduIe The average line value of the actual lineholders as reported in the Management Summary after a bid run.
Section 25 Scheduling 25-4 Bid Run SoIution or Bid Run Entering or adjusting settings on the administrative panel on the Preferential Bidding System to produce a possible schedule or final award.
CaIcuIated Average Line VaIue (CALV) The result of adding the total known credit hours and the total of all pre-assigned hours, then dividing the sum by the estimated number of lineholders in that position to arrive at the average line value for that position. This assumes all pairings are awarded. nstructors assigned quarterly line flying will not be included in this calculation.
Correct Iine The regular or reserve line the pilot should have been awarded had a PBS bid award error not occurred
Credit Window The airline build min-max, threshold and partial value(s) set on the administrative panel. The credit window is defined by the min and max credit values a schedule needs to be considered complete. The partial schedule allows the airline to award schedules to pilots who cannot be awarded a schedule that meets the credit window (e.g., due to pre- assigned activities, a lack of pairings, etc.), but meets the partial schedule requirements.
Crewmember BuiId Options A function that allows the system to limit the number of pilots (in inverse seniority order) that are eligible to use certain option(s). The functions includes: above airline threshold, below airline threshold, maximum days On, minimum days Off, reserve option, and assign reserve; all after "X pilots.
Forced Reserve When more Reserve Lines are needed than can be produced during the award process, the "Assign Reserve after # Crewmembers value prevents crewmembers from being awarded a line despite open time remaining.
Instructor PiIot Bidding (IPB) A virtual credit value for an P to obtain a trip(s) consistent with his line fly week(s).
PartiaI Line A line awarded using the Partial value in the Administrative Panel.
PreferentiaI Bidding System, PreferentiaI Bidding Software, or Pref Bid (PBS) The system which creates a pilot's monthly schedule using the pilot's seniority and preferences, Section 25 Scheduling 25-5 system awarding logic, and complies with the provisions in this Agreement.
PBS Bid Award error An occurrence in which a pilot properly submitted a valid bid and was not awarded a trip or line consistent with his bid preferences, his seniority, known absences, programmed award logic, FAR's, Company policy and the Agreement.
PersonaI Credit ThreshoId A credit value that a pilot selects between 60-120 credit hours from the schedule options on the Prefbid sheet.
Primary Unstacking An administrative panel function used to (manage primary stack) assign an excessive amount of open time during a specific date range remaining after a bid run solution.
Preassigned Activity Any prescheduled activity or known absence placed on a pilot's schedule before the bid opening.
Secondary Unstacking An administrative panel function used to (manage secondary stack) assign an excessive amount of open time on a specific day(s), remaining after a bid run solution.
Sorting An administration panel function used during bid run solution to order pairings within a preference to generate better open time coverage results while continuing to honor seniority and the pilots' preferences.
Sorting Bias An administrative panel function used during bid run solution to allow for each pairing value to be altered by a sort bias percentage. ncreasing the sort bias reduces the number of trips remaining on a specific day. Decreasing the sort bias to increase the number of trips remaining on a specific day.
Stack Excessive open time grouped together on a date(s) after a bid run solution.
Unstack A tool in PBS that assigns trips to pilots in such a way as to minimize excess open time grouped together on a date(s) after a bid run solution.
Section 25 Scheduling 25-6 VirtuaI Credit (VC) A credit value applied to a preassigned activity or absence for the purpose of bidding.
b. Compensation
(1) The following table summarizes daily Credit and Virtual Credit values. Examples are included in paragraph [25.D.2.XX.], below.
Type of Credit Credit VirtuaI Credit TLV < 90 TLV 90 Vacation High 3.75 3.75 3.75 Vacation Low 3.75 4.0 4.0 DAT Vacation 3.75 3.75 3.75 NoLo Vacation 3.75 3.75 3.75 Training (CQE) 4.0 See paragraph [b.(2)] Training (non CQE) 4.0 4.0 4.0 Deadhead for Training 3.86 3.86 3.86 ALPA Leave 6.0 6.0 6.0 Voluntary assignment 6.0 6.0 6.0 Jury Duty 3.95 3.95 3.95 Bereavement 3.95 3.95 3.95 Sick Leave 3.75 3.75 3.75 Medical Leave 0 2.75 3.00 Military Leave 0 2.75 3.00 Family Leave 0 2.75 3.00 Personal Leave 0 2.75 3.00 Resignation 0 2.75 3.00 Retirement 0 2.75 3.00 Workers' Comp 0 2.75 3.00 Maternity Leave 0 2.75 3.00 Moving Days 0 2.75 3.00 Non-pay status 0 2.75 3.00 COMA 0 2.75 3.00 Furlough 0 2.75 3.00 Eligible to bid 0 2.75 3.00 PB 0 as provided by Part Section 25.B.2.a.(5) RDO 3.86 3.86 3.86
Section 25 Scheduling 25-7 (2) The virtual credit for CQE will be equal to the average daily credit for the month, by position.
c. Minimum Monthly Guarantee (MMG)
(1) f because of the threshold line value or the credit window min, the PBS awards or assigns a pilot a final award that is less than MMG, then a pilot will still be paid MMG in accordance with Section 4. f a pilot selected a PCT below MMG his MMG will be reduced to his line value.
(2) Except as provided by paragraph c.(3), below, a pilot awarded from a bid sheet using Vacation Low will have a 65 hour MMG.
(3) f the normal Credit Window is set below 75 hours, the percentage of line holders awarded below 75 hours will be determined and such percentage will then be applied to Vacation Low pilots, who, in seniority order, will have their 65 hour Vacation MMG increased by the amount the bottom of the normal window is reduced below 75 hours.
EXAMPLE: The bottom of the normal window is 73 hours, and 10% of non-Vacation Low line holders are awarded lines below 75 hours, the 10% most senior Vacation Low pilots will have a MMG of 67 hours.
d. Leaves of Absence
(1) A pilot will notify the Company of known preplanned activity as soon as reasonably practicable, but no later than the deadline published in the bid packet:
(2) f approved, the Company will place such pre-assigned activity on his schedule for bidding purposes, the earlier of the bid opening if notified, or no later than 12 hours after such notification. Such pre-assigned activity will be credited with the virtual credit as provided by paragraph [2.b.], above.
e. Regular Lines
A regular line will contain: Section 25 Scheduling 25-8
(1) No more than 98 block-to-block hours or 120 credit hours in a rolling consecutive 672 hours (28 days), including deadhead (deadhead only applies to the 120 credit hours);
(2) Trips for an aircraft type and domicile of the line being constructed;
(3) No reserve days;
(4) Days off arranged to provide for at least 2 days off in a row, unless waived by the pilot, except as provided for in paragraph [f.(6)], below. The last day of the month may be a single day off, however a pilot must be awarded a day off to begin the next month unless he selects single days off in the schedule build option;
(5) Days off as provided by Section 12.
(6) Known absences (pre-assigned activity):
(a) The Company will place known absences on a pilot(s) line prior to the bidding process.
(b) The virtual credit values in paragraph [2.b.], above, for known absences will be applied to each day of the absences.
(c) The total value of the virtual credits will be applied to the pilot(s) total credit for bidding purposes.
(7) The PBS will provide a pilot the ability to sort for trips to include but not limited to:
(a) Average Daily Credit (b) Carryover Pairings (c) Check-in Airport (d) Credit (e) Crew on Pairing (f) Days Off (g) Deadheads (h) Departure Dates (i) Duty On (Base Local Time) (j) Duty Period Length (k) Duty Period Release Time Section 25 Scheduling 25-9 (l) Duty Period Report Time (m) Equipment (n) Flight Numbers (o) Fly Thru Airports (p) Ground Time (Per Leg) (q) Layovers (r) Legs per Duty Period (s) Length of Pairing (t) Line Check Airmen (u) Pairing Number (v) Redeye Pairings (w) Release Time (x) Report Time (y) Specific Pairings (z) Time Away From Base
Additional options may be added by mutual consent.
(8) A first officer will have the ability to submit a preference to not be awarded a pairing(s) that has been awarded to a specific captain(s). A list will be generated by PBS that contains the names of the Crewmembers. The list will be named the "No Fly List," The MEC Chairman or his designee will be provided a copy of the No Fly List. The list of pilots who have been named by other crewmembers as "No Fly" will not be used as a primary means for disciplinary purposes.
f. CDO Bidding
(1) CDO pairings will be sorted separately (within a bid preference) from all other pairings and awarded as "pure" CDO lines.
(2) A pilot will be able to bid regular trips, then CDO trips together, or change back to regular trips, and a reserve line(s) listing his preferences on the same bid sheet. Award logic will be dictated by the chronological order in which the pilot submitted the preferences.
(3) Each Preference will be evaluated to determine if a schedule can be awarded.
(4) All Preferences for regular pairings will be looked at together even if there are intervening preferences for a CDO line or reserve line. Section 25 Scheduling 25-10
(5) All Preferences for a CDO will be reviewed at together even if there are intervening preferences for a regular pairing(s) or reserve line(s).
(6) A pilot can waive the requirement to have 2 days off following a CDO pairing.
(7) Awarding CDOs
(a) The system will not award more than 4 CDOs in a row without having 2 days off following the 4th CDO.
(b) For the purpose of this paragraph, 4 CDOs in a row are 4 contiguous nights (e.g., CDOs that duty in on Monday, Tuesday, Wednesday, and Thursday) (MATCH 100313)
(8) Administrative Panel Options for CDOs
(a) The "Min Credit" and "Add Credit" toggle option and numerical entry box labeled "Adjust CDO" on the PrefBid Award Engine Admin Panel may be used for bid run solutions with mutual agreement between the Company and the Association.
(b) f using the "Adjust CDO" functions restrict a pilot from obtaining a higher schedule credit value than he would otherwise been able to hold without the added credit, the credit window max will be raised and additional bid run(s) will be conducted to accommodate the pilot obtaining the schedule he would have otherwise been able to hold.
(c) f credit is added to CDOs, a pilot awarded a CDO line will not receive pay and credit less than MMG except as provided by Section 4.
g. Reserve Lines
(1) The Company will estimate a sufficient number of reserve lines in each position for each pilot who may be awarded or assigned a reserve line.
(2) The on-call period will be depicted on each reserve line. Section 25 Scheduling 25-11
(3) The Company may determine the on-call period(s) for bidding purposes.
(4) A short-call reserve line holder will be assigned the same on-call period for the entire month.
(5) Of the reserve lines awarded or assigned, at least 20% of the reserve lines will be long-call reserve(s), using conventional rounding, and will be awarded in seniority order. The Company may award more long-call reserve lines than is required by this paragraph. The remaining number of reserve lines will be assigned short-call reserve lines.
h. Reserve Line Bidding
(1) A pilot will be awarded or assigned at least 2 contiguous days off, unless waived by the pilot.
(2) A pilot will have his days off awarded in seniority order by the PBS, based on his preferences for days off.
(3) The first, largest set of days off, on the reserve pilot's line will be designated as immoveable unless the pilot notifies Crew Scheduling otherwise by 2359 ET on the first day of the bid period. f there are no groups of 3 days or more, a pilot may select two groups of days.
i. Eligibility to Bid
(1) A pilot may participate in the PBS bid if he is projected to be "currently qualified" and available to fly for at least 7 days in the month for which he is bidding, except for a new hire pilot who has not completed OE.
(2) f a pilot is unavailable for any portion of the month and is eligible to bid, the Company will only place a daily virtual credit value as defined in paragraph [2.b.], above, on the pilots Pre-assigned activity list on the days of projected unavailability.
(3) A pilot scheduled for ETB days who subsequently becomes available will coordinate his schedule as provided by paragraph [i.(7)], below. Such a pilot will only be liable for assignment on remaining ETB days. Section 25 Scheduling 25-12
(4) A pilot who has vacation for more than 50% of a month will not be disqualified from bidding a line solely because he has vacation.
(5) A pilot who is not eligible to bid pursuant to paragraph [i.(1)], above, will, as soon as possible after becoming available, coordinate his return to duty with Crew Scheduling by jointly constructing a regular or reserve line with Crew Scheduling. A pilot completing initial, transition, upgrade, differences, or requalification training will be "available" for the purposes of this paragraph when he is released by the Training Department, and he will receive a copy of the written verification of his release.
(a) A pilot who fails to coordinate his return to duty with Crew Scheduling in accordance with this paragraph within 24 hours after becoming available may be assigned a regular or reserve line with prorated days off. A pilot will jointly construct a regular line from open time with prorated days off in accordance with the chart in Section 12.
(i) Such pilot's preference for days off will be taken into consideration in making such an assignment.
(ii) f there are insufficient pairings in open time and pilot postings, or the pilot and the Company cannot mutually agree on a schedule the pilot may choose one of the options in paragraph [(6)(b)], below.
(b) f a pilot is unable to mutually construct a schedule in accordance with paragraph [(a)(ii)] above, a pilot will have the following options for constructing a schedule:
(i) A pilot may opt to receive a blank line with no pay, credit, or MMG; the pilot may then pick up pairings and will be paid for actually flying those pairings. The Company may decline to award a pilot a blank line if staffing does not permit then; Section 25 Scheduling 25-13
(ii) f a pilot is denied a blank line, then he can determine the placement of one-half of his prorated days off as provided in Section 12. by comparing his seniority within his new/current position to the 4 people ahead of him and the 3 people below him based on the final award for that month.
(iii) A pilot may opt to be placed on reserve. He then can determine the placement of one- half of their prorated days off as provided in Section 12. and his on-call (long call or short call) period by comparing his seniority within his new/current position to the 4 people ahead of him and the 3 people below him based on the final award for that month. f the pilot is awarded a short call reserve line the on-call period can be determined by the Company if the pilot and Company cannot mutually agree on the period.
(iv) f the majority of the aforementioned pilots hold a line in the respective bid month, he will be placed on long-call reserve. f the majority of the aforementioned pilots hold a reserve line in the respective bid month, he will be placed on short-call reserve with his choice of on-call period taken into consideration.
(v) f a pilot is placed on long-call reserve and it is necessary to convert him to short-call reserve, the pilot will not be converted to short-call reserve for more than 33% of the days he is assigned reserve.
j. Bid Package nformation
(1) The bid package will contain all the pairings for the month grouped by position and the number of reserves needed by position. The package will also include the following information:
(a) Date issued; Section 25 Scheduling 25-14 (b) Bidding Schedule (c) Estimated Threshold Line Value; (d) Published Credit Window min and max; (e) Estimated number of regular and reserve lines; (f) Company/Association email address for bid award errors (g) CQE awards; (h) Awarded vacation by position and name; (i) Hotel information (name and telephone number); (j) Crew Scheduling telephone number(s), including international contact number(s), designated fax number(s), and a toll-free number accessible from within the contiguous 48 states; (k) Transportation contact number(s) if the Company has contracted directly with an entity other than the hotel to provide transportation; (l) Crew airport pickup location. (m) The Company will publish additional information that the Association may provide to assist pilots bidding. (n) For each trip by aircraft-type:
(i) Trip number; (ii) Trip dates; (iii) Scheduled report and release times for all duty periods; (iv) Flight numbers; (v) Scheduled ground time at each station; (vi) Scheduled departure and arrival times by station; (vii) Total scheduled block-to-block times; (viii) Scheduled daily duty time; (ix) Layover stations and scheduled off duty time; (x) Total credit time; and (xi) Total scheduled time away from base. (xii) Hotel and transportation information.
(2) After publication, the Company will electronically update the information contained in paragraphs [C.4.j.(1)(l)-(m)] as soon as reasonably practicable if such information changes or is determined to be incorrect.
k. Known Flying Withheld and Unassigned Open Time
Section 25 Scheduling 25-15 (1) The Company and the Association may each withhold up to 2% percent of block hours per position.
(2) The Association will not withhold time on holidays.
(3) The trips withheld will be pulled from the solution prior to pilot bidding commencing in PBS.
(4) The list of open time withheld will be provided to the pilots.
(5) The total of time withheld and open time unassigned after a bid run solution should not exceed 4%.
(6) The Company will provide to the Association the total scheduled block hours of known flying in the following month and the number of block hours withheld to verify the calculation of the 4% of block hours of known flying withheld or open time unassigned. The Company will provide the Association a list of the actual trips withheld or open time unassigned.
l. System Requirements and Changes
(1) The pilots will use the Flightline PrefBid system for the bidding of monthly schedules. The use of Flightline PrefBid for the bidding of monthly schedules will not be changed without written mutual agreement between the Company and the Association.
(2) Any Changes to the Flightline PrefBid system will only be made with written mutual agreement between the Company and the Association.
(3) Any no-cost enhancements to the system by Flightline will be made available to the pilots.
(4) Before any significant changes are made to PrefBid, a Detailed Requirement Document (DRD) or "Prefbid Scope Document" that is mutually acceptable among the Company, Association and Flightline will be created so to define the capabilities, award logic, and functionality, that is consistent with the terms and conditions set forth in this Agreement as it pertains to the PrefBid module for the Company.
Section 25 Scheduling 25-16 (a) With any agreed upon changes the Association will have the ability to test the functions with Flightline PrefBid as produced by the vendor or Company and after completed testing, if accepted by the Association, the system will be used for bidding of monthly pilot schedules.
(b) f either party disagrees with the use of the Prefbid system for live bidding, after the change(s), the changes will not be used until the system conforms to the agreed upon changes.
(5) The terminology and definitions used in this agreement and use of the system, and the DRD or "Prefbid Scope Document" will be consistent with this agreement and any eventual LOAs or MOUs, and the DRD and will reflect the true intent and understanding of the parties. The parties agree not to develop or utilize new terminology, system functions, administrative panel functions, award logic, terms or conditions other than required in this agreement unless mutually agreed to between the Company and Association in writing.
m. CQE
(1) Training events may be included in regular and reserve lines.
(2) CQE Training Slot Bids
(a) The Company will provide a schedule of available CQE training slots for the following month. A pilot will bid for available CQE slots beginning at 1200 ET on the 1st of each month, with the bid closing on the 4th of the month at 1700 ET. The bid results will be published in the bid package.
(b) The Company will provide sufficient classes each month to allow for some pilots in their due month and all of the pilots in their grace month to be awarded a class.
(c) The Company will establish the number of class slots in a month for each pilot.
Section 25 Scheduling 25-17 (i) The CQE slots will be awarded in seniority order first to the pool of pilots who bid, then;
(ii) Assign to all non-bidding pilots in seniority order; starting with pilots in their grace month first, then;
(iii) Assign to all other non-bidding pilots in seniority order. A pilot who fails to submit a sufficient number of bids to be awarded a CQE slot, will be considered a non-bidder.
(iv) When assigning classes to pilot who did not bid, the awards for a class will be assigned from the first available class in the month continuing through the last class of the month.
(d) Nothing herein will prevent the Company from assigning training for the purposes of resetting a pilot's due month. f the Company resets a pilot's due month, the affected pilot will be notified to provide sufficient time to bid.
(3) CQE / Advanced Qualification Program (AQP) class schedule
(a) At least 3 of the classes offered for bid will have Saturday and Sunday off.
(b) Notwithstanding paragraph (3)(a), above, 3 classes per month that will have a classroom time scheduled 1400 ET until 2300 ET with a Saturday and/or Sunday off.
(4) A pilot will not be assigned CQE during a vacation period.
(5) f a pilot is unable to be awarded a class in his grace month, the Company and Association will meet and confer to reach an alternative solution.
n. Pre-assigned Activities
Section 25 Scheduling 25-18 The following activities will be pre loaded on a pilot's schedule prior to the PBS bid window, if known at the time of bidding, for the PBS bid run:
(1) Vacation; (2) Training (CQE); (3) Training (non CQE); (4) Association Leave; (5) Voluntary Assignment; (6) Jury Duty; (7) Bereavement; (8) Sick Leave; (9) COMA; (10) Medical Leave; (11) Military Leave; (12) Family Leave; (13) Personal Leave; (14) Resignation; (15) Retirement; (16) Workers' Comp; (17) Maternity Leave; (18) Moving Days; (19) Non-pay status; (20) Furlough; and (21) Carry- in trips. (22) RDO Preassigned Days Off (23) DAT Vacation
o. Vacation Month Bidding
(1) A pilot may use Vacation Low in a month with a full week or partial week of vacation. However, if a pilot has a full week or partial week that spans two months, he may only use Vacation Low in one of the two months.
EXAMPLE: A pilot accrues 2 weeks and 3 days of vacation. He will be allowed to use vacation low three times in the following year.
EXAMPLE: A pilot has two weeks of vacation in February and a week of vacation that spans July and August. He will be allowed to use vacation low in February and July or August.
EXAMPLE: A pilot has one week of vacation in February, one week of vacation in April, and Section 25 Scheduling 25-19 a week of vacation that spans July and August. He will only be allowed to use vacation low in February, April, and July or August.
EXAMPLE: A pilot has a full week of vacation in March and a week of vacation that spans March and April. He will be allowed to use vacation low in both March and April.
(2) A pilot with a vacation week that spans two bid periods will be eligible to use Vacation Low during the first bid period. The Company will provide an electronic process that will allow a pilot to defer his eligibility for Vacation Low to the subsequent month. Such deferral must be done no later than 1700 domicile local time on the 5th of the bidding month (e.g. March 5th to defer Vacation Low for an April/May vacation week to May).
(3) A pilot may not use Vacation Low in connection with Day-at-a-Time ("DAT), unless he has other vacation days in the month.
(4) A pilot who is eligible for vacation low, at his discretion, will have the option to use either 3.75 virtual credit hours or 4.0 virtual credit hours for each day of his vacation applied toward his schedule.
(5) Vacation days during a month when a pilot is not eligible for vacation low will be credited 3.75 hours per day.
(6) A pilot will have the option to select his personal credit threshold (PCT) and the vacation low option for each bid sheet. The Vacation Low PCT will be effective in a range from 65 hours to 95 hours.
(7) f a pilot selects the vacation low option, such pilots' threshold will be:either 75 hours or his PCT, if he set a PCT.
(8) When performing Bid Run solutions, the Company's selection and use of the PBS administrative panel options will not override a pilot's selection of the options provided above.
p. Bid Sequence and Timing Section 25 Scheduling 25-20
(1) The Company and the Association will mutually agree on a bidding schedule 6 months in advance.
(2) The bidding schedule will include the following items:
(a) Bid Package publishing deadline
(b) Known preplanned activity deadline
(c) Bidding window closing
(d) Final Schedule for Lineholders NLT the 20 th , or the next business day if the 20 th falls on a weekend or Holiday.
(e) Final Schedule for Reserves
(3) Nothing will preclude the Company from posting information prior to a deadline
(4) Final Schedule
The final award for each pilot will include the following details:
(a) For each regular line:
(i) Scheduled credit time; (ii) Scheduled block hours; (iii) Scheduled time away from base; (iv) Scheduled number of days off; (v) Trip number(s) and dates.
(b) For each reserve line:
(i) Days off (ii) On-call period for the month
(5) f a pilot's schedule for the current month conflicts with his schedule for the ensuing month, the trip, or conflicting portions of the trip, will be dropped from his line into open time. When resolving such conflicts, the Company will drop portions of the conflicting trip working backward from the end of the trip originating in the Section 25 Scheduling 25-21 current month. The Company will drop the least amount of time practicable while minimizing deadheads.
q. FlightLine Bid Run Solutions
Bid runs will be conducted with the following conditions:
(1) A "No bid" run will be done prior to the opening of the bid window to establish a guideline for the threshold line value (TLV) and number of regular and reserve lines;
(2) The Company will meet and confer with the PWG before setting the TLV.
(3) The TLV will be between 75 and 105 hours.
(4) Credit Window settings:
(a) The credit window in a Position will initially be determined by the process of determining a Calculated ALV ("CALV).
(b) f the CALV is less than 83 hours, the initial credit window will be a minimum of 15 hours.
(c) f the CALV is 83 hours or greater, the initial credit window will be a minimum of 20 hours.
(d) The Credit Window will be distributed evenly around the TLV. Credit Window expansions may be on either side of the TLV.
EXAMPLE: A position has a credit window of 15 hours and a TLV of 77 hours. The credit window will be from 69:30 to 84:30.
(e) The vacation low credit window will be a fixed range from 65 hours to 95 hours.
(f) The administrative panel setting for the credit window minimum will be no less than 60 credit hours and the credit window maximum will not exceed 120 credit hours. A pilot will have the ability to set his personal credit threshold between 60 and 120 credit hours. Section 25 Scheduling 25-22
(g) f a pilot's personal credit threshold value is set below the credit window min it will be adjusted to the Company min credit window setting value.
(h) f the pilot's personal credit threshold value is set above the max credit window it will be adjusted to the Company max credit window setting value.
(5) A pilot is considered to have a complete line as soon as:
(a) The total value of assignments is within the credit window; and
(b) The pilot's PCT has been met, or in the absence of a PCT, the TLV has been met
(6) f the system is unable to meet the PCT or TLV, a pilot will still have a complete line if the total value of assignments is within the credit window.
(7) Bid runs will first be run using major and minor sorting, sort bias, and the initial credit window settings.
(8) f, following the bid runs pursuant to paragraph (7), above, the AALV varies 3 hours or greater from the CALV or 100% distribution of all pairings as reported in the bid run Management Summary, the following tools may be utilized.
(a) The TLV, along with the credit window may be moved +/- 2 hours. The parties may mutually agree to greater movement which will not be unreasonably withheld
(b) Unstacking may be used to minimize stacks of open time, as provided by paragraph [q.(9)], below.
(c) The PCT may be ignored below the TLV in a position (excluding pilots who have selected Vacation Low) to the least extent necessary in inverse seniority order. However, the Company will not ignore a pilot request for a line value above the TLV if unstacking is required.
Section 25 Scheduling 25-23 (d) Bid runs can be run with expanded credit windows. The size of the initial window on either side of the TLV will not be reduced.
(e) Other system options by mutual agreement, only to the extent necessary.
(9) Unstacking will be used only if required to minimize stacks of open time.
(a) After a bid run solution, if the solution is not acceptable to award due to remaining, unmanageable stacks, unstacking may be used not to exceed 6 days total in a month, n such case, after collaborative review, the parties may increase more than 6 days but in no case will the PWG unreasonably withhold such increase.
(b) f unstacking is utilized it will only be done to the lowest possible level in inverse seniority to cover the open flying so as to affect the fewest amount of pilots in each position.
(c) The unstacking limits will apply to primary and secondary un-stacks (during multiple bid runs).
(d) Unstacking will be limited to 2 un-stacks (primary and secondary) in a bid run(s).
(e) Unstacking will be limited up to 30% of the pilots in a position in inverse seniority order. n a holiday month, unstacking will be limited up to 50% of the pilots in a position in inverse seniority order. However, the PWG may waive such limitations on a case-by-case basis to cover stacks of open time. Such waiver will not be unreasonably withheld.
(f) This unstacking will apply to the number of regular lines awarded and will not include the reserve lines.
(g) Before unstacking, the Company will raise the TLV by making incremental changes to achieve the desired improvements up to the highest TLV as provided in paragraph [(2)(c)], above. Section 25 Scheduling 25-24
(h) The Company and Association will meet and confer to discuss unstacking limits, if the limits described in paragraph [(4)(d)], above, cannot be reasonably met.
(10) All bid run solutions will be conducted to ensure that as many pilot(s) personal credit threshold preferences are honored, as well as unstacking as few pilots as possible, while ensuring the overall integrity of the schedule is honored.
(11) Captain bid run solutions will be completed first.
r. Mutual Agreement on bid run solutions
(1) The Association and the Company will mutually agree on the bid run solution(s) to be published as the final schedule.
(2) f the parties are unable to mutually agree on the bid run solution(s) by the deadline in the bid package, the following alternate strike procedure will be used:
(a) From the bid run solutions that have been performed by the Company and the bid run solutions performed by the PWG (minimum of 10 runs), the Company will choose 5 bid runs and the PWG will choose 5 bid runs.
(b) The Company and the Association will flip a coin to determine who will strike first; the winner of the coin toss will have the option to strike first or second. The parties will alternate striking bid solutions until only 1 bid run remains. The remaining bid run solution will be published as the final schedule for that position.
(3) f the strike method is used to determine the final schedule, the MEC Chairman and the VP of Flight Operations will meet and confer to try to resolve the issue(s) as to why the parties were unable to reach a mutual agreement on the bid run.
(4) f this alternate strike method is used more than 3 times in a 6 month period or the parties have a dispute Section 25 Scheduling 25-25 regarding the provisions of paragraph [D.2.o.] The parties will resolve such dispute as provided by Section 21.
s. Failure to Bid
f a pilot does not submit a bid, or fails to bid, the following steps will apply:
(1) The Company will maintain an electronic default standing bid within the PBS system, in which the pilot may indicate his choice(s) for types of pairings days off, personal credit threshold, duty-in time, duty-out time, line value, length of pairings, CDOs, TAFB.
(2) f the pilot has no standing default bid on file, he will be constructed a line by the PBS system using its default constraints; which is to utilize all available pairings.
t. Bid Award Errors
f the PBS makes an error in the final bid run solution and incorrectly builds a pilot's line, incorrectly awards reserve, incorrectly awards a line or incorrectly awards a pairing(s), the following process will be used.
(1) The Company will establish an email address for pilots to inquire about possible errors in their award. The email will distribute to the Company and the Association. The Company and Association will meet and confer to reach a mutually agreeable solution to the problem. n the event the parties cannot agree on a solution to fix the errors the following procedure will be used:
(a) f the PBS errors on more than 5% within a position bid award, the position bid will be re-run with mutual agreement between the Company and the Association. The pilot(s) in the position affected will be notified via electronic means as soon as possible. f the bid run solution is re-run the final schedule will not be delayed more than 2 days for that position(s).
(b) f the error(s) is limited to less than 5% of the pilots within a position such pilot(s) will have the following options: Section 25 Scheduling 25-26
(i) Elect to keep the pairing(s) in question and be paid and credited the value of the greater of his actual pairing(s) or the pairing(s) that he should have received.
(ii) Elect to have the pairing(s) removed and not be paid. f this drops the pilot below the MMG, or he is already below the MMG, then his MMG will be adjusted.
(iii) Elect to have the paring(s) removed and be paid for the trip however the Company may place a trip in place of that original trip. The replacement trip must fit within the trip hour period of the trip that should have been awarded. f available, the Company will assign a trip that has duty periods as close as reasonably practical to the trip that should have been awarded. A pilot must be notified of the replacement trip prior to the commencement of the month in which the trip is to be flown. f a replacement trip is not assigned, the pilot is released with full pay and credit for those days in which the trip occupied.
(2) f the error is not brought to the Company's attention within 3 days of the bid award, the Company will not be required to fix the error or compensate the pilot. Once communicated to the company, the pilot must respond to notifications about this error within 24 hours.
u. PBS Working Group
(1) PBS Working Group (PWG) will be established by the Association and will consist of up to 3 pilot representatives. The PWG will meet with the Company each month to reach mutual agreement on the bid run solutions.
(2) The Company and the PWG will be responsible for administration of the PBS system as well as potential changes to the system. Any changes to the system will be made in writing with mutual agreement between the Company and the Association. Section 25 Scheduling 25-27
(3) The Company and the PWG will consider pilot quality of life, operational efficiency, and cost when constructing performing bid run solutions.
(4) Up to 3 PWG members will be eligible to receive vendor- provided training associated with the software used in PBS line construction. f there is no cost, replacement members will be trained at the request of the Association. f there is a cost associated with such training the Company will be responsible to train up to one PWG member for replacement per calendar year.
(5) The PWG will have full access to the PBS administrative panel and settings and be able to perform bid run solutions.
(6) The Company will grant Association leave for up to 3 PWG members appointed by the Association, for participation in the bid run award solutions:
(a) The PWG pilot representatives will be paid and credited per Section [13.G.7.]
(b) The Company will grant up to 18 days of Association leave each month for PWG work. The Association will determine the days in which the pilot(s) will receive such leave. The Association will not be responsible to reimburse the Company for such Association Leave.
(c) The Company will advise the PWG each month of the trip construction and bid run solution(s) timeline.
(7) The size of the PWG, and the Association leave granted for PWG work, may be increased by mutual agreement if additional domiciles are opened.
v. General
(1) PBS
The Company will provide the preferential bid system, free of charge, for pilot monthly schedule bidding, which Section 25 Scheduling 25-28 will allow each pilot in a position to bid for and be awarded a schedule in accordance with:
(a) the FARs, (b) the Agreement, (c) his seniority, (d) his bid preferences, (e) his known absences, (f) programmed award logic, and (g) Company policy.
(2) The Company will not ignore a pilot request for a line value above the TLV if unstacking is required.
(3) The parties recognize that there may be pilots who may not be awarded a regular line despite open time remaining, if the Company needs additional reserve staffing, by utilizing the "Assign Reserve After # Crewmembers on the Administrative Panel.
(4) The audit trail feature will be enabled on the bid run solution to be published as the final award for each position. Each pilot will be provided his bid award details.
(a) Bid award details will explain why pairings were not assigned.
(b) Pre-award details will indicate pilot preferences, and the pairings that matched each preference.
(c) Each matched pairing will fall into one of the following categories: awarded to senior bidder, conflicts with a pre-assigned activity, or available.
(d) The "award process" will indicate which pairing(s) PBS attempted to award and the order considered. An explanation will be provided for each pairing not awarded.
(e) The Parties recognize that some Bid Award Details will be too large to process and may be compacted or unavailable in extreme circumstances.
(5) The Company will not bid for a crewmember without his specific consent. Section 25 Scheduling 25-29
(6) A pilot will bid for a line using the PBS, or by any other method agreed upon by the Company and the MEC Chairman. f improvements or enhancements are made to the PBS, the Association and the Company will have the option to adopt these features so long as there is no additional cost to the Company. f there is additional cost the Company may choose whether or not to adopt any changes.
(7) New Hire PBS Training
The Company will allow 2 members of the Association, chosen by the Association, 4 hours in the afternoon, of each new hire class for PBS training.
(8) FlightLine Additional Bid Options will not be used without the agreement of the Association.
(9) The parties will develop terms and conditions for Half COMA Lines as provided by paragraph [S.], below, and Partial/Hybrid Lines.
w. nstructor Pilots
An instructor pilot will be provided a virtual credit equal to the minimum of the credit window for such month, such credit will be placed on each day outside of his 9-day period. However, an instructor pilot will only be awarded a total of 3 to 4 days of flying or reserve duty.
x. Examples
The following pay example will apply only to paragraph [25.D.2.,] the Legacy ASA System.
The pilot will have a line value of 67.25 hours and a MMG of 65 hours. His pay for the month will be 67.25 hours.
3. Legacy XJT System
a. Definitions
n addition to the definitions in Section 2, the following definitions will apply to this paragraph [D.3.]:
Carry-In (CI) Day A bid packet notation for a regular line duty day constructed in accordance with Section [25.XX.], that will have no assigned duty until after line adjustments have been made.
LinehoIder A pilot who is awarded or assigned either a regular or a relief line.
RA Day A phone availability period assigned to a line holder.
b. Regular Line Construction
(1) Regular lines will be constructed with a maximum of 95 block hours. Regular lines will not average more than 88 block hours in each domicile and status.
(2) Minimum days off will be as provided by Section 12.
(3) Regular lines will be constructed to include as many similar quality trips or the best possible matching of similar quality trips and to maximize days off.
(4) At least 2 days free from all duty will be scheduled between trips that operate between 0100 LT and 0400 LT and trips that do not operate between this period.
Section 25 Scheduling 25-31 (5) Trips at the end of a bid period that carry into the following bid period will be flown to completion unless modified in accordance with paragraph [g.(1)], below, Bid Period Adjustments.
(6) The number of carry-in days to be used in line construction will be determined by the number of days in any trip that operates from the previous bid period into the new bid period. Any series of carry-in days will begin on the first day of the bid period.
(7) Except for the first and last day of a bid period, regular lines will be constructed to provide at least 2 days off at the pilot's domicile during any 7 consecutive day period.
(8) Regular lines will be constructed to leave no more than 5% of open time in each domicile and status at the completion of line construction for any bid period.
(9) The Scheduling Committee will participate in the construction of the regular lines and will be released from duty to do so.
(10) Determination of days off will be as provided by section [12.E.3.]
c. Relief Line Construction
(1) The rules for regular line construction will apply to relief lines. Relief lines may be constructed with a combination of trips, RA days or training.
(2) The number of relief lines will be published in the relief and reserve lines Bid Packet. Relief lines will be constructed after the closing of the nitial Line mprovement Window but before the opening of the Secondary Line mprovement Window.
(3) A pilot may request specific days off, trips of a certain length or with specific show and debrief times, or other preferences. A pilot's request(s) will be reviewed in order of seniority and granted, if practical. Requests must be submitted to Crew Planning as designated on the Bid Packet cover letter.
Section 25 Scheduling 25-32 (4) Relief lines will not be converted to reserve lines and reserve lines will not be converted to relief lines.
d. Reserve Line Construction
(1) Minimum days off will be as provided by Section 12.
(2) Except for the first and last days of a bid period, reserve lines will be constructed to provide at least 2 consecutive days off at the pilot's domicile during any 7 consecutive day period.
(3) No less than 20% of reserve lines, by domicile and status, will be designated long-call reserve lines. f a long-call pilot requests to be converted to short-call, the Company will grant the request for the remainder of the bid period.
(4) The reserve lines remaining after construction of long- call reserve lines will be designated short-call reserve lines.
(5) Prior to changing a monthly phone availability period that is published in the Bid Packet, the Company will meet and confer with the Association.
(6) Short-call phone availability periods will be placed on the reserve lines published in the Bid Packet. The phone availability start time will be the same throughout the entire month in each particular reserve line. The phone availability time will not be changed prior to the beginning of the bid month.
e. f a lineholder bids his current month to have a carry-out trip that touches his vacation in the next month, the days that are dropped in the next month due to touching his vacation are to be considered days off, regardless of his bid status (regular lineholder, relief lineholder or reserve) in the next month. No trips or RA days will be placed over those days during line construction or as transition period adjustments.
f. Bidding
(1) Eligibility
Section 25 Scheduling 25-33 (a) A pilot is eligible to bid if he is current and qualified or is scheduled to complete all required training, including OE, before the first day of the bid period.
(b) f a pilot is scheduled to complete all required training, including OE, before bid closing, he will be paid as provided by section [11..].
(c) f a pilot is scheduled to complete training after bid closing, but prior to the first day of the next bid period, and does not complete all required training, including OE, prior to the first day of the next bid period, he will only be pay protected for the MMG in the next bid period at his current rate of pay until he completes training.
(d) Pilots scheduled for upgrade training that begins after the first day of the bid period will be eligible to bid as a First Officer for the month they enter upgrade training.
(2) Bid Packet nformation
(a) Bid Packets containing regular lines will be posted online for at least 4 days. The Company will make available a hard copy of the Bid Packet in each Chief Pilot's office.
The Bid Packet will include:
(i) Eligible bid list
(ii) Awarded or assigned temporary vacancies
(iii) Remaining open time by domicile and status
(iv) Awarded vacation
(v) Bid closing dates and times
(vi) Opening and closing dates and times for Line mprovement Windows
Section 25 Scheduling 25-34 (vii) Deadline for pilot requests regarding schedule adjustments
(viii) Trip information as follows:
() Report and debrief times
() Flight numbers
() Block and credit time
() Duty time
() Deadhead time
() Layover station, layover time, hotel name and telephone number
() Scheduled rest
() Trip time (TAFB)
(b) Bid Packets containing relief and reserve lines will be posted after the closing of the nitial Line mprovement Window online for at least 3 days. The Company will make available a hard copy of the bid and trip packet in each Chief Pilot's office.
The Bid Packet will include:
(i) Eligible bid list
(ii) Relief lines
(iii) Long-call reserve lines
(iv) Short-call reserve lines with phone availability periods
(v) Awarded vacation
(vi) Bid closing dates and times
(vii) Deadline for pilot requests regarding schedule adjustments.
Section 25 Scheduling 25-35 (3) Bidding Sequence
(a) Captain bids for regular lines will close at 0800 ET on the date indicated on the Bid Packet. First Officer bids will close at 0800 ET on the day following the Captain's bid closing date.
(b) Captain and First Officer bids for relief and reserve lines will close at 0800 ET.
(c) nitial bid awards will be posted no more than 6 hours after bid closing.
(d) A lineholder's schedule becomes final when the nitial Line mprovement Window opens. The nitial Line mprovement Window will open on the time and date indicated on the Bid Packet.
(e) Bid Packets containing relief and reserve lines will be posted after the nitial Line mprovement Window closes.
(f) Relief and reserve line bid awards will be posted no more than 6 hours after bid closing.
(g) The Secondary Line mprovement Window will open at least 24 hours prior to the beginning of the bid period.
(h) A pilot must notify Crew Planning of any error in his bid award within 24 hours after the posting of the bid awards and, if requested, must provide a computer-dated copy of his bid to Crew Planning.
(4) Failure to bid
A pilot who does not bid before bid closing or fails to bid sufficient choices, will be awarded the lowest numerical line that remains unassigned after all more senior pilots have been awarded a line.
(5) Military Duty Bidding
(a) Notice of all military duty (other than weekend drills) must be given to Crew Planning in accordance with Section 13, Leaves of Absence. Section 25 Scheduling 25-36
(b) A pilot who has military duty during scheduled days off is not required to notify the Company and will be considered unavailable on those days off for all scheduling purposes.
(6) Low Time Bidding Limitations
Pilots with less than 100 hours in type will be restricted from flying together as required by FAR's and subject to any FAA waiver for new equipment. f 2 low time pilots bid the same line, the Captain will be awarded the line.
(7) Rebuilding and Re-bidding of Lines
Under catastrophic circumstances, all lines may be rebuilt and re-bid for the balance of the bid period. f there is insufficient time to re-bid the lines, pilots will fly the rebuilt trips in accordance with the provisions of this Section. A pilot's new line will include the same number of duty days and days off. Rebuilding will be accomplished after consultation with the Scheduling Committee.
g. Line Adjustments
(1) Bid Period Adjustments
(a) Once awarded, lines may only be adjusted because of vacation, jury duty, leaves of absence, training, military leave, carryin conflicts, projected or actual FAR legality problems, or as otherwise specifically provided in this Agreement.
(b) Adjustments will honor seniority, preserve line continuity, working conditions, and days off, except as provided in [g.(1).(e)], below.
(c) Notwithstanding section [12.E.1.], any adjustment to lines during the first 6 days of the bid period must include 24 hours free from duty at the pilot's domicile in any 7 consecutive day period.
(d) A pilot may request that his line value not be adjusted upward. f the request is granted, the pilot will accept the corresponding reduction of Section 25 Scheduling 25-37 line value and minimum monthly guarantee, if applicable.
(e) A pilot's line that requires adjustments because of FAR limitations or for bid period conflicts may be adjusted plus or minus 2 hours of his line as awarded during the first 6 days of the bid period in the following order:
(i) Trips and/or RA days on originally scheduled duty days,
(ii) Trips and/or RA days on originally scheduled duty days extended by 1 day,
(iii) Trips and/or RA days elsewhere in the 6 day period.
(f) As the result of a transition adjustment, a pilot will be paid plus or minus 2 hours of his original awarded line or his minimum monthly guarantee, whichever is greater.
EXAMPLE: A pilot is awarded a line containing 80 hours of block time and 5 hours of deadhead, giving him an awarded line value of 85 hours. As a result of any transition period adjustments, he must be paid within plus or minus 2 hours of his awarded line value, which is 85 hours.
(g) A pilot who is assigned an RA day or series of RA days during the adjustment period may, before the opening of the nitial Line mprovement Window, request electronically that Crew Planning remove the RA day(s) from his schedule. f no trips are placed over the RA days, Crew Planning shall drop the RA day(s) and the pilot's line value and minimum monthly guarantee, if applicable, will be adjusted. However, if a pilot is assigned a series of 3 or more RA days, the removal of the RA day(s) in the middle of that series from a pilot's schedule will be at the discretion of Crew Planning.
Section 25 Scheduling 25-38 (h) Adjustments during the first 6 days of the bid period will not reduce days off to less than the minimum days off required.
(i) The first, largest set of days off, on the reserve pilot's line will be designated as immoveable unless the pilot notifies Crew Scheduling otherwise by 2359 ET on the first day of the bid period.
(j) A reserve pilot will be assigned a day off in the pilot's domicile to meet any FARs or contractual periods free from duty during the transition from 1 bid period to another.
(k) A reserve pilot granted a leave of absence may move his scheduled days off into the leave period.
(2) Vacation Adjustments
(a) Lineholders
(i) A pilot will be credited with 3.75 hours for each day of vacation.
(ii) A pilot will not be responsible for trips in conflict with a vacation period. The value of trips lost due to vacation will be deducted from the pilot's line value. A pilot who does not move his vacation will receive his minimum monthly guarantee or his line value, whichever is greater.
EXAMPLE: A pilots awarded line value is 80 hours. He has 7 vacation days worth 3.75 hours per day, totaling 26.25 hours. His vacation days conflict with two of his 20-hour 4-day trips. Crew Planning will drop both 4- day trips, leaving him with a line value of 66.25 hours. He will be paid the minimum monthly guarantee of 75 hours.
Section 25 Scheduling 25-39 (iii) A pilot may request to remain on the portion of his trip before or during his vacation, or that he be placed back on the portion of his trip following his vacation. The pilot will be allowed to leave/ rejoin his bid trip when the trip transits the pilot's domicile. Line Value will only be reduced for the portion of a trip not actually flown. Requests of this nature must be submitted to Crew Planning. f the pilot does not transit his domicile as originally scheduled, he will be removed from his trip when it does transit his domicile.
(iv) A pilot may request to move his vacation up to 3 days by giving notice to Crew Planning no later than 72 hours after the initial bid award. The request will be granted if staffing permits.
() f the movement of vacation will not cause it to cross over from one bid period to the next (unless already doing so), then the pilot will be granted the move unless extraordinary circumstances exist.
() f the movement of vacation results in a loss of trips greater than the loss resulting from the vacation as originally scheduled, and the loss (including credit of the vacation days) reduces the pilot's line value below the minimum monthly guarantee, then the pilot will receive the applicable reduced minimum monthly guarantee.
EXAMPLE: A pilots awarded line value is 80 hours. He has 7 vacation days worth 3.75 hours per day, totaling 26.25 hours. His vacation days conflict with one of his 20-hour 4-day trips and as a result of this conflict, the 4-day trip is dropped from his schedule. As a result of this Section 25 Scheduling 25-40 conflict, his adjusted line value is 86.25 hours. Crew Planning then approves the pilots request to move his vacation 3 days earlier. This causes another 4-day trip worth 20 hours to be removed from his schedule. Because he moved his vacation resulting in a line value of less than 75 hours, his new MMG will be 66.25 hours, which is the value of his two trips flown, worth 40 hours total, plus the value of his 7 days of vacation, worth 26.25 hours.
(b) Reserves
Vacation periods for a reserve pilot will be placed on that pilot's line as awarded. Days off in that month will not be prorated due to vacation.
(3) Training Adjustments
(a) f a trip conflicts with a pilot's initial or upgrade training, the trip will be removed from the pilot's schedule and placed in open time. f a trip conflicts with a pilot's recurrent training, his schedule may be adjusted in the following order:
(i) Modify the original trip(s). The modified trip will not begin prior to the originally scheduled report time and must end on the originally scheduled duty day;
(ii) Assign trips that operate within the original duty days. Those trips will not begin prior to the originally scheduled report time and must end on the originally scheduled duty day;
(iii) Assign an RX day.
(b) When a pilot has completed training but is not eligible to bid in accordance with the bidding provisions above, or the training is cancelled in accordance with Section 24, Filling of Vacancies, the following will apply: Section 25 Scheduling 25-41
(i) A pilot's seniority within his domicile and status will determine whether he is a lineholder or a reserve pilot. A pilot will be considered a lineholder after completing training if he has sufficient seniority to hold a relief line within his current domicile and status;
(ii) f the pilot is a lineholder, the Company will construct a line for the pilot using trips and/or RA days, if necessary. The minimum days off for this line will be determined using his seniority in the bid packet;
(iii) The Company will attempt to grant a pilot's request for specific days off.
EXAMPLE: A pilot is unable to bid for the next bid period because he is scheduled to finish training after the line bidding process ends. In order to find out how many days off he is entitled to, the Company will look up his domicile seniority number in the bid packet. If the pilot is bidding number 100 in his domicile and status and line number 100 is a hard line containing 14 days off, he shall receive 14 days off.
(c) Days Off
f a pilot receives less than the required minimum days off as provided by Section 12, he will contact Crew Scheduling to ensure he receives the days off required
(4) Military and Leaves of Absence Adjustments
(a) f a trip conflicts with a pilot's military or other unpaid leave of absence, the trip will be removed from that pilot's schedule and placed in open Section 25 Scheduling 25-42 time. A pilot on leave may request to remain on his trip before or after his leave until the trip transits his domicile.
(b) A pilot on military or other unpaid leave of absence will have his line value reduced by the value of the trips removed from his schedule.
(i) f the resulting line value is less than the minimum monthly guarantee, the minimum monthly guarantee will be reduced to the new line value.
(ii) f the original line value is below the minimum monthly guarantee, both the line value and minimum monthly guarantee will be reduced by the value of the trips removed from his schedule.
(c) A reserve pilot's minimum monthly guarantee will be reduced by 3.75 hours for each reserve day lost during a military or unpaid leave of absence.
(d) When a pilot returns from a military or other unpaid leave of absence and is not eligible to bid, his seniority within his domicile and status will determine whether he is a lineholder or a reserve pilot. f the pilot is a lineholder, the Company will construct a line for the pilot using trips, RA days or training. The Company will attempt to grant pilot requests for specific days off. Days off will be prorated in accordance with the chart provided in Section [12.E.4.]
(5) 1000 Hour Adjustment
(a) f the pilot reaches 1000 block hours in a calendar year, he will be released from all duty for the remainder of the calendar year and will receive the greater of his line value or minimum monthly guarantee.
(b) A pilot will not be restricted from picking up open time for November that would cause him to exceed 1000 hours in December. However, in such circumstances, the pilot must pick up any Section 25 Scheduling 25-43 desired open time prior to his December schedule being final at the opening of the LW.
EXAMPLE: The Company determines that a pilot is projected to reach 910 block hours by November 30. His November schedule will not be adjusted to prevent him from reaching 1000 block hours. The pilot is then awarded a line for December worth 95 block hours. The Company may, at this point, adjust any trips in December to prevent him from exceeding 1000 block hours.
(6) RA Days
(a) An RA day may be placed on a pilot's schedule during line construction, when adjustments are made, and during the construction of relief lines.
(b) A pilot on an RA day will have a 10-hour phone availability period beginning at 0600 and ending at 1600 LT at the pilot's domicile.
(c) A pilot on an RA day who is notified of a trip assignment prior to the start of his phone availability period is released until report time for that trip and is no longer phone liable.
(d) f the pilot has a legality conflict, his phone availability period may be adjusted. f a pilot's phone availability period is adjusted on the last day of a block of RA days, it will end no later than 1600 LT.
EXAMPLE: A pilot returns from a flight at 2200 LT and receives domicile rest of 11 hours. Crew Scheduling will adjust his RA phone availability period to start at 0900 LT and end at 1900 LT. However, if it is his last RA day in a block of RA days, his RA phone availability period will end at 1600 LT.
Section 25 Scheduling 25-44 (e) A pilot on an RA day must report for duty within 2 hours from the time Crew Scheduling attempts notification.
(f) A trip assignment on an RA day is limited to the RA day on the pilot's schedule. f a pilot has consecutive RA days, multiple-day trips may be assigned. Once a trip is assigned, lineholder rules will apply.
(g) An RA day has a credit value of [X.XX] hours.
(h) A pilot on an RA day will not be scheduled for more than the lesser of 13.5 hours of duty, including phone availability or the applicable limit in Section 12.
h. nitial Line mprovement Window (LW)
(1) The nitial Line mprovement Window will be made available for 24 hours to lineholders after all adjustments have been completed but before construction of relief lines. Any time lost due to a disruption of this window (e.g., system maintenance) will be added to the scheduled end time of the nitial Line mprovement Window.
(2) During the nitial Line mprovement Window, paragraph [F.1.a.-v.], below, except [F.1.e-g], and [F.1.n.-o], will apply.
(3) All time added or deducted as a result of pick-ups or trades during the nitial Line mprovement Window will be paid in accordance with paragraph [F.11.a.-c.], [F.11.e.-h.], and [F.11.k.-l.], below.
(4) A pilot may not personal drop a trip during the nitial Line mprovement Window.
(5) Trip trading credit time limitations
(a) Except as provided in the basic Agreement, a pilot may trade trips during the LW provided that his line value or MMG does not fall below 60 hours.
Section 25 Scheduling 25-45 (b) The Company will adjust the line value and MMG for a pilot who will be on military leave for a portion of the bid period to enable the pilot to utilize these provisions. After the LW, the Company will readjust the line value and MMG to reflect the proper credit.
(c) The limit of 60 hours may be adjusted up or down for all pilots with the agreement of the Association's Scheduling Committee and the Company.
(d) Any other limits on a pilot picking up or trading trips during the nitial Line mprovement Window shall be discussed at either the Company's or the Association's request, and shall be implemented upon mutual agreement of the Company and Association.
(6) Trip Trades will be process as provided by [F.1.a.], below.
(7) A pilot may remove his RX or RA day(s) from his schedule as a result of a trip trade regardless of the net number in the Company's computer system. f the pilot removes his RX days, pay protection for those days is eliminated.
(8) The Company will set the Minimum Level Number in the Company's computer system for the LW to at least 4 less than the total number of open duty periods for each calendar day except for the following limitations:
(a) The Company may set the Minimum Level Number on the calendar days of the 4 highest duty periods to match the total open duty periods on those calendar days. f more than one calendar day is equal to the highest 4 open duty periods then the total number of days shall not be greater than 8.
(b) The day before, the day of, and the day after Holidays may be blocked. However, under no circumstances will more than 8 total calendar days be blocked in a month inclusive of the 4 highest and multiples, if any. Section 25 Scheduling 25-46
(9) During the LW, the examples in paragraphs [D.3.i.] and [T.2.a.-i.], below will apply.
i. Examples
The following pay example will apply only to paragraph [25.D.3.h.,] the Legacy XJT System nitial Line mprovement Window.
(1) A pilot picks up a day trip worth 4 credit hours on a day off.
Start: Line VaIue Min Guarantee 75 Hours 75 Hours + 4 Hours 79 Hours 75 Hours TotaI Pay: 79 Hours
(2) A pilot picks up a day trip worth 3 credit hours on a day off.
Start: Line VaIue Min Guarantee 70 Hours 73 Hours + 3.0 Hours 73.0 Hours 75 Hours TotaI Pay: 75 Hours
(3) A pilot picks up a day trip worth 5 credit hours on a day off.
1. An RX day will be placed on a pilot's schedule when his trip has been modified or cancelled, or when his recurrent training has cancelled.
2. A lineholder on an RX day will be assigned a trip or a 6-hour Reserve Availability Period (RAP).
Section 25 Scheduling 25-47 3. A pilot on an RX day will have a RAP for an RX day or series of RX days that will start at the report time of his original trip, or in the case of training not originally associated with a trip the report time of the first day of training.
EXAMPLE: A pilot has a 4-day trip with a report time of 0800 LT. The trip is subsequently modified for training and he is given RX days. The RX RAP for each remaining RX day will start at 0800 LT.
EXAMPLE: A pilot with a relief line is assigned three days of recurrent training with a report time on the first day of 0800 LT. The training is subsequently cancelled and replaced with RX days. The RX RAP for each day will start at 0800 LT.
EXAMPLE: A pilot based in EWR with a relief line is assigned a travel day followed by three days of recurrent training out of domicile. The pilots travel to training has a report time of 1230 eastern time. The first day of training has a report time of 0800 central time. The training is subsequently cancelled and replaced with RX days. The RX RAP for each day will start at 0900 eastern time.
4. A pilot on an RX day who is notified of a trip assignment prior to the start of his RAP is released until report time for that trip and is no longer phone liable.
5. The RAP on the last day of a block of RX days will end no later than the original trip termination time.
6. A pilot will not have an RX RAP on the last day of a block of RX days if his originally scheduled trip report time was later than his originally scheduled trip termination time.
EXAMPLE: A pilot has an originally scheduled trip report time of 1400. He has an originally scheduled trip termination time of 1000. If that trip is replaced by RX days, he will not have an RX RAP on the final day.
7. For the purposes of paragraphs 5.-6., above, RX days separated by flying or training but not days off will be considered a single block.
EXAMPLE: A pilot has a 4 day trip that is modified for training. Training is placed on days 2 and 3 and he is assigned RX days on day 1 and 4. The RX days and training will be considered a single block. Section 25 Scheduling 25-48
8. An assignment to a pilot on RX days must report no earlier than the original trip report time and be scheduled to end no later than the original trip termination time.
9. A pilot on an RX day must report for duty within 2 hours from the time Crew Scheduling contacts him as provided by paragraph [G.1.c.], below.
10. A pilot who picks up a trip or portion of a trip over RX days will be treated as a pairing modification to the original RX pairing. Any portion of the pairing picked up on days off will credit as Additional Pay including any premium pay.
F. Swaps, Drops, Pick-ups, and Mutual Trades
1. General
a. All Swaps, Drops, Pick-Ups, and Mutual Trades will be automatically processed through SkedPlus+. Crew Scheduling or Crew Planning will process manual requests in the event that SkedPlus+ is not able to process such request.
b. Except for coverage and other restriction contained in this paragraph [F.], there will be no limit on the number of Swaps, Drops, Pick-ups or Mutual Trades.
c. There will be no limit on the amount of hours added or dropped as a result of Swaps, Drops, Pick-ups or Mutual Trades.
d. All Swaps, Pick-ups, and Mutual Trades must be within the same category.
e. Unless open time is Red Flagged, a pilot may not pick up open time out of his domicile more than 24 hours prior to the report time of the trip.
f. Posted Pick-ups may be performed out of domicile.
g. Mutual Trade may be performed out of domicile within 24 hours prior to the report time of the trip.
h. Hotel and travel passes will not be provided to a pilot who picks up open time, a posted trip, or executes a mutual trade out of his domicile. However, a pilot will still be entitled to a hotel as provided by paragraph [J.1.f.], below. Section 25 Scheduling 25-49
i. A pilot may trade or pick up 2 trips on the same day provided at least 90 minutes is scheduled between block-in of the first trip and block-out of the second trip. Only 1 duty period minimum will apply. f separated by a domicile rest period, 2 duty period minimums will apply.
j. Crew Scheduling will approve a swap, drop, pick-up, or mutual trade unless it compromises safety, violates FARs, violates the provisions of this Section, or reduces the delta number in the pool display below zero.
k. A trip that is assigned to a lineholder on RX days, or ROE days is not available for pick-up by another lineholder and will not be listed in open time in the Company's computer system.
l. A pilot on RX days may pick-up a trip over his RX days.
m. Once a trip is assigned to, or picked up by a lineholder, it is no longer available for pick up.
n. Lineholder Swaps with Reserves
(1) Except as specified in paragraph [G.1.h.(3)], below, a lineholder may trade his trip for a trip assigned to a long- call reserve, short-call reserve or an unassigned trip up to 18 hours prior to the departure time of his original trip.
(2) Except as specified in paragraph [G.1.h.(3)], below, a lineholder may trade his trip for a trip assigned to a short-call reserve or an unassigned trip from between 18 hours to 12 hours prior to the departure time of his original trip if there is a reserve who is available for the trip that is being dropped as a result to the trip trade. A reserve is not considered available for the trip being dropped if he has been released to show for an assignment on the same day.
(3) Notwithstanding paragraphs [n.(1)] and [n.(2)] above, an unassigned trip will be available for trade by a lineholder at any time at the discretion of Crew Scheduling.
(4) Notwithstanding paragraphs [n.(1)] and [n.(2)] above, if a reserve has been released to show, and is not contactable prior to report time for a trip, the trip Section 25 Scheduling 25-50 assigned to the reserve will not be available for trade or pickup by a lineholder.
EXAMPLE: A lineholder has a 4-day trip with an 0800 report time. At 1800 the day before, the lineholder wants to trade his trip for a 4-day trip (with a 1000 report time on the same duty days) that is in open time, but already assigned to a short-call reserve. Because the short-call reserve is available to do the 4- day trip that the lineholder wants to drop, this trade shall be approved.
EXAMPLE: A lineholder has a 4-day trip with an 0800 report time. At 1800 the day before, the lineholder wants to trade his trip for a 4-day trip (with a 1000 report time on the same duty days) that is in open time, but already assigned to a short-call reserve. However, the short-call reserve pilot is not legal to do the 4-day trip that the lineholder wants to drop but there are other reserve pilots available to do that trip and because of this, the trade shall be approved.
EXAMPLE: A lineholder has a 4-day trip with an 0800 report time. At 1800 the day before, the lineholder wants to trade his trip for a 4-day trip (with a 1000 report time on the same duty days) that is in open time, but already assigned to a short-call reserve. However, the short-call reserve pilot is not available to do the 4-day trip that the lineholder wants to drop and there are no other reserves available to do the trip this trip and because of this, the trade will not be approved inside of 18 hours.
EXAMPLE: A lineholder has a 4-day trip with an 0800 report time. At 1800 the day before, the lineholder wants to trade his 4-day trip for two 2-day trips that operate on the same four duty days. One of those 2-day trips (with a 1000 report time) is assigned to a short-call reserve and the other 2-day trip is in open time unassigned. There is a short-call Section 25 Scheduling 25-51 reserve pilot that is legal to do the 4-day trip that the lineholder wants to drop and because of this, the trade shall be approved.
EXAMPLE: A lineholder has a 4-day trip with an 0800 report time. At 1800 the day before, the lineholder wants to trade his 4-day trip for a 2-day trip that operates on the first two duty days of his original 4-day trip. There is a short-call reserve pilot that is legal to do the 4-day trip that the lineholder wants to drop and the delta in the Companys computer system on the third and fourth duty day is above zero and because of this, the trade shall be approved. . o. A pilot may pick up an unassigned trip at any time prior to the report time of the trip.
p. A pilot may swap or pick up trips from open time provided that there is 13 hours between debrief time and report time. However, a pilot may voluntarily pick up a trip or make a trip trade that reduces his rest to 12 hours. f the pilot voluntarily reduces his rest below 13 hours, he will in no case receive less than FAR minimum rest. He will not receive a hotel room between these trips.
q. Trips will be awarded from open time on a first-come, first- served basis.
r. A pilot may swap trips into his vacation.
s. A pilot may pick up trips during his vacation.
t. A reserve pilot may not pick up open time except as provided in paragraph [G.9.], below.
u. A pilot may reduce his minimum days off as a result of swaps or the pick-up of open time.
v. Crew Scheduling shall remove the personal drop code from a pilot's schedule after approving a personal drop, vacation code from a pilot's schedule if requested, and ROE code to facilitate a trip pick-up.
2. Pool Display Section 25 Scheduling 25-52
a. The Company pool display will contain the number of net reserves, the minimum reserve level, the difference between net reserves and minimum level ("delta), and the basement level.
b. The Company will set Basement Levels determined by objective data. The Company and the Association will mutually agree on the objective data which will include at least historical unplanned absences and the number of trips operating each day.
3. Trading of Reserve Days
Reserve pilots may trade reserve days subject to the approval of Crew Scheduling.
4. Line mprovement Window
a. The Line mprovement Window will be available after schedules are final and will remain open throughout the bid period except during computer maintenance and the adjustment period.
b. All time added or deducted as a result of pick-ups or swaps during the Line mprovement Window will be paid in accordance with paragraph [F.11.], below.
c. A swap or drop that results in an additional open duty period in the next bid period will not be approved until the next month's schedules are final. A day-for-day trade will be approved.
5. "Bad Day/Worse Day Trip Trades
a. Except as provided in paragraphs [5.b.] and [5.c.], below, lineholders will be permitted to trade trips from days with reserve coverage that is less than the minimum required to days with worse reserve coverage.
b. Pilots may not utilize the day that the transaction is being requested and the subsequent 3 days for the purposes of this paragraph. However, Crew Scheduling may approve such trades if operational circumstances permit.
EXAMPLE: A pilot attempts a bad day/worse day trip trade request on June 5 to request to trade a trip from June 20 for a trip on June 6. This trade will be Section 25 Scheduling 25-53 denied because June 6 is within 3 days of the date of the transaction request.
EXAMPLE: A pilot attempts a bad day/worse day trip trade request on April 15 to request to trade a trip from April 20 for a trip on April 27. This trade will be approved (assuming it is from a day of bad coverage to worse coverage) because April 27 is more than 3 days after the date of the transaction request.
c. A BD/WD trade will be denied if it would result in a day dropping below the basement number.
d. Worse reserve coverage exists only if the trip being picked up has a larger cumulative negative delta in the reserve pool display than the trip being dropped. The examples below will use the following pool display numbers, and assumes that a request is made more than 72 hours in advance.
EXAMPLE 1: A pilot has a 4-day trip beginning on the 18th and wants to trade it for a 4-day trip beginning on 25th. The cumulative delta of his original days is -23 and the cumulative delta of the days he wants to trade for is -36. Since -36 is a greater delta than -23, this trade will be approved.
Section 25 Scheduling 25-54 EXAMPLE 2: A pilot has a 3-day trip beginning on the 20th and wants to trade it for a 2-day trip beginning on the 25th. The cumulative delta of his original days is - 09 and the cumulative delta of the days he wants to trade for is -35. Because the trade would result in the 22nd falling below the basement level, this trade will not be approved.
EXAMPLE 3: A pilot has a 4-day trip beginning on the 24th and wants to trade it for a 4-day trip beginning on the 18th. The cumulative delta of his original days is -40 and the cumulative delta of the days he wants to trade for is -23. Since -23 is not a greater delta than -40, this trade will not be approved.
e. Bad Day/Worse Day Trades for Reserve Pilots
(1) A reserve pilot will be permitted to trade duty days on which reserve coverage is less than the required minimum for days with worse reserve coverage, provided the trade:
(a) Does not result in a block with only a single duty day
(b) Does not reduce a block of 4 or 5 duty days to less than 3 duty days
(c) Does not reduce any block of days off to less than 2 days off. This includes the last day of a bid period prior to loading the next month's schedule.
(d) Does not remove a day(s) from the middle of a block of duty days
(e) Does not result in a day dropping below the basement number.
(2) Worse reserve coverage exists only if when compared on a day-by-day basis, each duty day to be traded for has a larger negative delta than the corresponding duty day of the originally scheduled duty days. The examples below will use the following pool display numbers, and assume that a request is made more than 72 hours in advance. Section 25 Scheduling 25-55
EXAMPLE 1: A pilot has 4 reserve days beginning on the 18th and wants to trade them for 4 reserve days beginning on the 25th. The deltas of his original days are -06, -13, -03, and -01. The deltas of the days he wants to trade for are -11, -14, -06, and -05. Since the deltas of the days to be picked up are each greater than the corresponding days to be dropped and above the basement level, this trade will be approved.
EXAMPLE 2: A pilot has 3 reserve days beginning on the 19th and wants to trade them for 3 reserve days beginning on the 25th. The deltas of his original days are -13, -03, and -01. The deltas of the days he wants to trade for are -11, -14, and -06. Since the delta of the first day to be picked up is not greater than the delta of the first day to be dropped, this trade will not be approved.
EXAMPLE 3: A pilot has a block of reserve days from the 25th to the 29th of a 31-day month. Worse coverage exists on the 30th of the month than the 25th of the month. Before Section 25 Scheduling 25-56 the schedules for the next month are loaded, the pilot requests to trade the 25th for the 30th. This trade will be denied since it will reduce the block of days off on the 30th to less than two. If the request is made after the schedules for the next month are loaded and the 1st of the next month is a day off, this trade will be approved since there will still be at least 2 days off.
EXAMPLE 4: A pilot requests to trade his reserve day on the 22nd for a reserve day on the 16th. This trade will be denied because it would reduce the 22nd below the basement level.
(3) Trade requests submitted at least 3 days in advance of the day(s) to be traded will be approved subject to the provisions in this paragraph [5.e.] Requests within 3 days may be approved by the Company at its discretion if operational circumstances permit.
(4) A reserve pilot will also be permitted to trade duty days on which reserve coverage is equal to or above the required minimum for days on which reserve coverage is below the required minimum, and will be able to trade duty days on which coverage is above the required minimum for days on which reserve coverage is also above minimum, provided the trade is in accordance with paragraphs [e.(1)(a)-(e)], above.
6. Mutual Trades
a. Pilots may trade trips with each other in accordance with the applicable paragraphs of [F.1.], above, and paid in accordance with paragraph [F.11.], below.
b. Reserve pilots may trade equal sets of reserve days provided neither pilot will be on reserve more than 6 consecutive days or have less than 2 consecutive days off as a result of the trade.
c. Mutual trades between pilots will not be denied because of reserve coverage.
7. Personal Drops Section 25 Scheduling 25-57
a. A pilot may request a personal drop of any assignment other than training. However, if a reserve pilot requests a personal drop of a reserve day, he may not make this request earlier than 48 hours prior to the start of that reserve day.
b. Approval of a personal drop will be in accordance with paragraphs [F.1.b.-c.] and [F.1.j.], above. Pay will be in accordance with the applicable portions of paragraph [F.11.], below.
c. A pilot may drop a trip or a portion of a trip.
d. A personal drop will not be approved prior to the opening of the Line mprovement Window.
8. Trip Postings
a. A pilot may post a trip or a portion of a trip in the Company's computer system for pickup by another pilot.
b. The pilot posting the trip will be responsible for that trip until the pick-up is confirmed.
c. Trades accomplished under this paragraph will be approved and paid in accordance with the applicable paragraphs of [F.1.], above, and [F.11.], below.
d. A pilot will be permitted to post trips that carry over from one bid period to another once the Company's computer system allows this to be an automated process.
e. The Company will approve pick-up of postings trips on the same day the trip begins or on the same day as an already- scheduled trip in accordance with the applicable paragraphs of [F.1.], above, and [F.11.], below.
f. The lead time error for automated trip posting pick-ups in the Company's computer system shall be set at no greater than 4 hours prior to departure time of that trip. The Company and the ALPA Scheduling Committee Chairman may mutually agree to change this paragraph.
9. Crew Gate Swap
Section 25 Scheduling 25-58 Under regular operations, pilots may initiate a change to their flight assignment(s) up to a reasonable time prior to scheduled departure time, provided the following procedures are adhered to:
a. Crew Scheduling is contacted prior to the scheduled departure time of the flight.
b. Both pilots agree to the "Gate Swap.
c. Accepting pilot is qualified and legal for the flight assignment.
d. The dropping pilot shall not be relieved of duty until the accepting pilot is present at the departure gate.
e. Both pilots shall make verbal confirmation of the gate swap with Crew Scheduling.
f. f the accepting pilot was on a scheduled paid deadhead, the accepting pilot will now be paid flight credit pay and the dropping pilot will forfeit any associated pay with that leg, unless they are using the deadhead.
g. Pilots may not be approved for a gate swap for a deadhead only (actual flight leg must be exchanged in the transaction).
h. The pilot giving up the leg(s) will not receive pay and credit for the legs dropped including his min-day credits.
i. Pilots recognize that if scheduling work load is such that it will not permit the swap the pilots will not delay the flight in order to make the swap.
j. After crew scheduling makes the swap the pilot taking the flight will coordinate the change with dispatch.
k. This provision does not apply to international legs or if the swap prohibits the use of an available reserve.
10. Partial Trip Pickups
A pilot will be permitted to pick up portions of trip(s) with the following restrictions:
a. A pilot will be able to indicate which legs of a trip(s) he wants to add to his schedule.
Section 25 Scheduling 25-59 b. Crew scheduling will have 12 hours to process the request(s).
c. The trip(s) will be taken out of open time until the transaction is complete. The remaining portion(s) of the trip will be put back in open time as soon as the request has been processed
d. A pilot who is awarded a portion of a trip(s) will not have the minimum day pay applied on the day(s) the pairing was split per Section [3.XX.], applied to the day(s) of the portion of the pairing requested to be added. The minimum day pay will only apply to the day(s) the pairing was not split.
e. The Company will depict trips so as to identify that a minimum day credit will not apply on the day that a pilot initiated splitting a trip.
11. Pay for Swaps, Drops, Pick-ups, and Mutual Trades.
a. A pilot who trades a trip, personal drops a trip, or personal drops a portion of a trip that reduces his line value below the minimum monthly guarantee will have his minimum monthly guarantee reduced by the number of hours the new line value dropped below the minimum monthly guarantee.
b. f a pilot's original line value is less than the minimum monthly guarantee, his line value and minimum monthly guarantee will decrease by the amount of hours dropped.
c. f a pilot adds time as a result of a trade or pick-up of a trip in the LW, his line value will increase by the number of hours the pilot adds. The minimum monthly guarantee will be increased by the amount of time that the pilot adds if it is below 75 hours, but in no case will the minimum monthly guarantee increase above 75 hours.
d. A pilot who picks up a trip on his day(s) off during the Line mprovement Window will be credited for the trip as provided by Section 3 as additional pay. However, if a pilot trades that trip for another trip, the new trip will no longer be credited as additional pay and will be credited to line value.
e. f a pilot drops a trip or a portion of a trip through a personal drop or a trip advertisement, that pilot will not receive minimum day pay for the affected duty period(s).
Section 25 Scheduling 25-60 f. Except as provided by paragraph [10.d.], above, a pilot who picks up a trip from open time on a day off will be entitled to Min Day pay.
g. A pilot who picks up a posted trip will be entitled to minimum day pay as provided by paragraph [10.d.], above.
h. A pilot who trades for a trip that operates within his vacation period will be credited vacation pay plus the value of the trip added to his line value.
i. A pilot who picks up a trip that operates within his vacation period during the Line mprovement Window will be credited vacation pay to his line value and the value of the trip as add pay. A pilot who trades a trip that operates on vacation days for another trip over vacation days within the same vacation period will be credited as add pay.
j. A pilot on ROE status, who is released to days off, shall only have the value of the time dropped as a result of a personal drop deducted from his line value, or if applicable, his minimum monthly guarantee.
EXAMPLE: A lineholder is ROEd for his 4-day trip, worth 20 hours. He is then released from duty for all but the last 2 segments of his trip. He subsequently personal drops the last 2 segments of his trip, worth 4 hours, and thus he will be paid 16 hours for the ROEd trip.
k. Advertised trips that are picked up shall be credited as add-pay except when a pilot is on RX days or has not been released from ROE status.
l. Errors
When an inadvertent scheduling or clerical error results in a loss of credited time to a pilot, through no fault of the pilot the pilot shall be paid and credited for any time lost, provided that the pilot uses reasonable diligence to discover the error and notifies the Company prior to the commencement of the duty assignment.
12. Red Flagged Open Time
Section 25 Scheduling 25-61 a. At any time, the Company may designate all open time during a period of time in any position as Red Flagged. f OE Check Airmen events are Red Flagged, the Red Flag pay will include OE Check Airmen override. b. Red Flagged Open Time will be available to pilots in accordance with this paragraph [F.] c. The Company will announce when open time is Red Flagged via my messages and SkedPlus+. d. Red Flagged Open Time will be credited at 150% in the following instances: (1) For pairings picked up on days off that contain at least one day that has been Red Flagged, the entire pairing will be paid at the Red Flag rate. (2) For a trade resulting in additional Red Flagged work days the additional Red Flagged days will be paid at the Red Flag rate. n all cases, the day(s) credited at Red Flag rates will begin at the last day of the new pairing. n the case of multiple trip trades, only the last trip trade will determine eligibility for Red Flag pay. EXAMPLE 1: A lineholder trades a 2-day trip for a 4-day trip over Red Flagged days. The last two days of the 4-day trip will be paid at Red Flag rates. EXAMPLE 2: A lineholder trades a 2-day trip for a 3-day trip. The pilot then trades the 3-day trip for a 4-day trip. This is done over Red Flagged days. Only the last day of the 4- day trip will be paid at Red Flag rates because the final trip trade resulted in one additional Red Flag day. e. Pickups and trip trades that were executed outside of the time frame that the red flag was raised will be paid at regular rates. However, such premium pay will be retroactive to transactions during the red flagged period that were executed on the same day the flag was raised. For the purposes of this paragraph a day is considered to begin at 2400 Domicile Time. Section 25 Scheduling 25-62 f. The Vice President of Flight Operations and the MEC Chairman may mutually agree to increase the Red Flagged premium rate above 150%. n this case, all instances of junior manning, reassignments normally paid at 150%, and training on a day off during the red flagged period will be paid at the higher rate.
g. A pilot may add additional flying outside of the footprint of his existing pairing on a red flagged day. Such additional flying will be paid at red flag rates.
EXAMPLE: A pilot adds a turn before the show time of a pairing on a day that is red flagged. The extra turn will be paid at red flag rates.
13. Crew Systems Maintenance
The Company may close open time for routine maintenance and upgrades with the following restrictions:
a. The Open time will not be closed during the LW, or the first week of the LW each month.
b. The pilots will be notified via Company email on the company website, 3 days in advance of scheduled open time maintenance.
c. Open time maintenance will generally be conducted between 1159 ET and 0659 ET.
d. Open time maintenance will not exceed 10 hours per month.
e. Open time transactions received before the closure of the open time will be processed.
G. Reserve Pilots
1. General
a. A reserve pilot is required to maintain his current phone, and/or other electronic device contact information and update any changes with Crew Scheduling or the Company's computer system.
b. A reserve pilot must be available by phone or other electronic device throughout the RAP.
Section 25 Scheduling 25-63 c. A pilot is considered notified of an assignment when either the Company has contacted him or has made recorded attempts to contact the pilot at all telephone numbers listed in the Company's computer system. Except as described in paragraphs [1.i.], and [4.e.], below, assigning a trip in the Company's computer system does not constitute notification.
d. Release to show
A reserve pilot may be prospectively released until his show for a trip assigned by Crew Scheduling. Such pilot will remain on his scheduled RAP(s) and be automatically released 11 hours prior to report of the trip assigned.
e. A reserve pilot who has been assigned a trip is still considered to be on reserve and may be reassigned.
f. A reserve pilot may be released from his RAP if approved by Crew Scheduling.
(1) f given a flight assignment, a long-call reserve pilot will also be assigned an 11 hour rest period, after which his RAP, and duty day, will commence.
(2) f no earlier rest period is assigned, a long call reserve pilot will automatically be released to show 11 hours prior to his report time.
g. A reserve pilot's day off or rest periods will not be designated retroactively.
h. Reserve Trip Ownership
(1) A trip assigned to a long-call reserve will be available for pick up or trade by a lineholder until 15 hours prior to the scheduled departure time of the trip.
(2) A trip assigned to a short-call reserve will be available for pick up or trade by a lineholder until 9 hours prior to the scheduled departure time of the trip.
(3) A trip assigned to a reserve pilot for consolidation of skills will be owned by that reserve once assigned.
Section 25 Scheduling 25-64 (4) A trip picked up by a reserve as provided by paragraph [9.a.], below, will not be available for pickup or trade by a lineholder.
i. Reserve Pairing Debrief
(1) At the end of the debrief of a pairing a reserve pilot must:
(a) Contact Crew Scheduling; or (b) Check SkedPlus+.
(2) At the time of contact Crew scheduling must:
(a) Give the pilot a new assignment for the current duty day; or
(b) Assign him airport standby as provided by paragraph [6.i.(2)], below; or
(c) Release him to days off; or
(d) Release him to show for his next assignment; or
(e) Release him to domicile rest and his next RAP, which may include a new assignment.
(3) f a reserve pilot checks SkedPlus+ he is responsible for self-notifying any changes as provided by paragraph [i.(2)], above.
(4) f there are no new assignments in SkedPlus+ by the end of the debrief of his pairing, he will be released to domicile rest or days off.
EXAMPLE: Fifteen minutes after finishing his trip, a reserve pilot checks SkedPlus+ for another assignment. Because Crew Scheduling has not assigned him another trip, the pilot is released to either days off or domicile rest, whichever is applicable.
EXAMPLE: Fifteen minutes after finishing his trip, a reserve pilot contacts Crew Scheduling to be released. Crew Scheduling tells the pilot to call back in 30 minutes for a possible assignment. This is incorrect as Crew Scheduling must do one of the options in paragraph [i.(2)], above at the time of contact Section 25 Scheduling 25-65
j. Reserve Pilot/Regular Pilot Transitions
(1) A reserve pilot who transitions to a regular pilot in the ensuing month may be required to continue a flight assignment into the ensuing month. Such pilot will be subject to the provisions of this Agreement applicable to a regular pilot in the ensuing month beginning at 0001 on the first day of the ensuing month. For example, the pilot will be eligible for cancellation pay in accordance with the provisions of this Agreement for any portion(s) of the trip that occurs in the ensuing month.
(2) A reserve pilot who is given an assignment that carries over into the ensuing month in which he is a regular pilot and his final award contains a conflicting trip, will be paid the greater of the reserve flight assignment or any lost block as a result of the carry over trip.
(3) A regular pilot who transitions to a reserve pilot in the ensuing month with a flight assignment that transition into the ensuing month will continue on that flight assignment as a reserve pilot into the ensuing month. Such pilot will be subject to the provisions of this Agreement applicable to a reserve pilot in the ensuing month beginning at 0001 on the first day of the ensuing month. For example, the pilot will not be eligible for cancellation pay for any portion(s) of the assignment that occurs in the ensuing month.
k. Except for the assignment of training or for consolidation of skills and knowledge to reserve pilots, assignments will not be made more than 72 hours prior to report time of the trip.
l. Out-of-Domicile Reserve Assignment
(1) A reserve pilot may be given a reserve assignment out of his domicile for a period not scheduled to exceed 5 consecutive days.
(2) A pilot may volunteer for specific blocks of out-of- domicile reserve assignments. Requests must be submitted to Crew Scheduling.
(3) Crew Scheduling will utilize the volunteer list prior to assigning other reserve pilots. Section 25 Scheduling 25-66
(4) A reserve pilot will be listed for a flight from his domicile at the time that the out-of-domicile reserve is assigned.
(5) A pilot who is assigned out-of-domicile reserve will be permitted to pick up any trips in open time available to reserves in the out-of-domicile location, in accordance with the aggressive pick up window for reserve pilots in paragraph [G.8.], below.
(6) The RAP for out-of-domicile reserve pilots will be the same local time in the out-of-domicile location as the applicable RAP in the pilot's domicile, unless changed in accordance with paragraphs [4.j.] or [5.d.], below.
(7) A pilot assigned out-of-domicile reserve must contact crew scheduling via telephone for release to the hotel after arrival at the out-of-domicile location.
m. A reserve pilot who has consecutive duty days with different RAPs across two bid periods will be automatically released 10 hours prior to the start of the new RAP.
EXAMPLE: A reserve pilot has a RAP in the March bid period of 0900-2400 and a RAP in the April bid period of 0400-1800. If he has a group of duty days that carry over from the March bid period to the April bid period, he will be automatically released from his RAP on the last day of the March bid period at 1800.
2. A reserve pilot, including an airport standby pilot, will not be assigned to fly a trip(s) which would result in being away from his domicile more than 4 days.
a. f there is a suitable assignment that will result in a fifth or six day away from his domicile without domicile rest, the Company will give the pilot the option to fly the assignment, or be released from the assignment, unless being released would result in a cancellation of a flight or cause a regular pilot to be extended or Junior assigned.
b. However a reserve pilot in a block of 6 reserve days must have a period of 12 hours free from the airport in his domicile at least once during that 6 day block, unless such pilot traded or bid into that 6 day block. Section 25 Scheduling 25-67 c. For the purposes of the paragraph a. a pilot on airport standby is an available pilot and will be used prior to extending another reserve into a 5th or 6th day. d. A pilot can waive the provisions of this paragraph [G.2.] 3. Days Off and Duty Free Periods a. A reserve pilot will not be required to be phone available during an FAR rest period or on days off. b. The Company may make one attempt to contact a reserve pilot on a day off, leaving a detailed message regarding the following day's assignment. 4. Long-Call Reserve Pilots a. At least 20% of the reserve lines constructed, by domicile and status, will be long-call reserve lines. b. RAP is continuous for long-call reserve pilots beginning at 0001 LT at his domicile on the first day of reserve in a block of reserve days and ending at 1200 LT at his domicile on the last day of reserve in a block of reserve days. c. f a long-call reserve has not been given an assignment by 0900 LT at his domicile on his last day of reserve in a block of reserve days, he will automatically be released to his days off. The Company may attempt to notify the pilot of a future assignment until 2400 that day. Such pilot will respond to that notification attempt within 24 hours. d. A long-call reserve pilot must report for duty within 12 hours from the time the Company notifies him of an assignment. e. During a reserve flight assignment, the 12 hour notification requirement to report for a subsequent assignment may be met by placing the assignment on a long-call reserve pilot's schedule in the Company computer system at least 12 hours before he is required to report to duty. n no case will the pilot be given less than domicile rest. f. Following a flight assignment, a long-call reserve pilot will restart his RAP 15 minutes after block-in (or 30 minutes after Section 25 Scheduling 25-68 block-in if clearing customs is required) if no additional flight assignment has been posted by that time.
g. A long-call reserve pilot must call Crew Scheduling within 2 hours from the time Crew Scheduling first attempts to notify the pilot.
h. A long-call reserve pilot will not be required to report for an assignment before 1200 LT at his domicile following a day off.
i. Crew Scheduling will not contact a long-call reserve pilot between 0001 to 0400 LT at his domicile unless the 12 hour notification requirement will not be met.
j. Crew Scheduling may convert a long-call reserve pilot to a short-call reserve pilot in blocks of reserve days or reserve days remaining in a block provided all of the following conditions are met:
(1) The pilot is given 12 hours notification.
(2) The pilot is not converted more than 7 days and not more than 2 blocks during the bid period. f a pilot converted to short-call is notified prior to release from his last assignment or reserve duty before such short-call conversion that he will remain on long call reserve, such conversion will not count towards the limits of this paragraph.
(3) The pilot is assigned a RAP.
(4) The pilot is placed back on long-call status if operational requirements permit.
k. Long call pilots will not be assigned airport standby.
5. Short-Call Reserve Pilots
a. During a reserve pilot's RAP, a short-call reserve pilot must respond to Crew Scheduling within 15 minutes from the time Crew Scheduling notifies the pilot.
b. A combination of RAP and FDP will not exceed the limits in Section [12.B.3.]
Section 25 Scheduling 25-69 c. A short-call reserve pilot must report for duty within 2 hours from the time the Company notifies him of an assignment.
d. RAP changes
(1) The first day of a short-call reserve's RAP may be changed up to six hours later.
(2) Other than on the first day, a short-call reserve's RAP may be changed +/- 6 hours.
(3) Any change in RAP must be preceded by domicile rest.
e. A short-call reserve pilot may be given a flight assignment outside his RAP provided he receives domicile rest and is released to show. A reserve will not be assigned a report time on the first day of a block of reserve earlier than the beginning of his RAP.
f. f a reserve pilot is given a flight assignment outside of his RAP or is released until report time for an assignment, his duty time will be as provided by Section [12.B.1.]
g. f a short-call reserve pilot has not been given an assignment by 1800 LT at his domicile on his last day of reserve before a day off, he will automatically be released to his days off.
h. Time beyond 12 hours of a pilot's RAP will be for notification only.
i. Once released from an assignment, the next time a short-call reserve goes on call is their awarded RAP, or after domicile rest, whichever comes later.
6. Airport Standby Reserve
a. Airport standby will not be assigned outside of company domiciles.
b. A reserve pilot will not report for airport standby more than 2 consecutive days without his consent. A reserve pilot will not report for airport standby more than 6 times in a bid period without his consent.
c. The Company will not move a reserve pilot's day off for the purpose of assigning airport standby. However, the Company Section 25 Scheduling 25-70 may move a day off of a reserve pilot who is on airport standby for the purpose of assigning him a trip.
d. A reserve pilot will not be assigned, but may volunteer for, airport standby on the last day of reserve before a scheduled day off.
e. An airport standby pilot will be available for assignment inside the airport secure area except during necessary breaks. f an airport standby pilot needs to take a break where he cannot be contacted for a short period of time, he must coordinate with Crew Scheduling
f. An airport standby pilot must respond to the Company within 10 minutes from the time the Company attempted contact.
g. A reserve pilot assigned to airport standby will not be required to report for airport standby prior to the report time of the flight crew assigned to the first flight of the day.
h. A reserve pilot assigned to airport standby who has not received a flight assignment will be released for the balance of that duty period 30 minutes after the last flight of the day is airborne.
i. Airport Standby Duration
(1) Except as provided in paragraph [i.(2)], below, airport standby will be 6 hours and will be paid 4.5 hours.
(2) A reserve pilot assigned airport standby after completion of an assignment as provided by paragraph [i.2.(b)], above, will be assigned an airport standby period of no less than 1 hour and no more than 6 hours. This airport standby will pay a one-for-one credit up to 4.5 hours.
j. f requested, the Company will provide the Association with the anticipated number of airport standby crews needed at each domicile.
k. A reserve pilot on airport standby will receive the greater of the credit in paragraph [6.i.], above, or trip credit value, as calculated in Section 3, Compensation.
l. A reserve pilot who is assigned airport standby after completing a flight assignment during the same duty period will be paid and Section 25 Scheduling 25-71 credited for two separate assignments, but will only receive a minimum day credit for the first assignment.
m. Airport standby will not exceed 6 hours. At the time of the notification of an assignment, the trip must be scheduled to depart no later than 1 hour after the end of the Airport Standby Period (2 hours during ROP). f no flight assignment is given to a pilot by the end of his assigned airport standby period, the pilot will be released to domicile rest or days off.
n. f a pilot returns from an assignment he may be required to complete his original airport standby period.
o. The duty period for a pilot on airport standby begins at the earlier of report time for airport standby or the start of his RAP.
p. The Company will not Junior Assign a reserve pilot for airport standby.
q. The Company may place Airport Standby periods for pickup by Reserve pilots in open time. Reserve pilots may at their option waive the Airport Standby limits of this section.
r. A reserve pilot will not be assigned Airport Standby more than once per day.
s. f a short-call reserve pilot is given any assignment or rescheduled so that he is required to remain at the airport for 4 hours or more, such time will be considered an airport standby assignment.
t. The Company will assign an AM airport standby assignment to a short-call reserve pilot who has an on-call period that begins on or before 1159 domicile time, if available. The Company will assign a PM airport standby pilot, to a short-call reserve who has an on-call period that begins on or after 1200 domicile time, if available.
u. The Company will provide an Airport Standby Room at domicile where possible.
7. Reserve Pilot Categories and Assignments
a. A reserve pilot may select Call Me First (CMF) for a block of reserve days by notifying Crew Scheduling at least 48 hours before the first day of the reserve block. Section 25 Scheduling 25-72
b. f a pilot does not select CMF, he will be considered Call Me Last (CML).
c. Open time will be assigned to reserves no earlier than 72 hours prior to report time for the trip.
d. Airport standby will be assigned after all known trips are assigned and no earlier than the day before the airport standby period,
e. Assignments to reserve pilots will be made as follows:
(1) Trips will be assigned by trip length from 4-days to day trips
(2) Long-call/CMF in seniority order.
(3) Long-call/CML in inverse seniority order
(4) Short-call/CMF in seniority order of available pilots
(5) Short call/CML in inverse seniority order of available pilots.
(6) Any remaining available reserve pilot.
f. For the purposes of paragraph [7.e.(4)-(5)], above, a pilot is available for an assignment if it will fall within his duty time requirements on the first day of the trip, to include a 45 minute buffer.
g. For the purposes of paragraph [7.e.(6)], above, a pilot is available for an assignment if he is legal for the assignment.
h. Notwithstanding paragraph [7.e.], above, if an assignment would cause a reserve pilot's line value to exceed MMG, he may be bypassed for that assignment.
8. Aggressive Pickup Window (APW) for Reserve Pilots
a. Open time will be available for pickup by reserve pilots beginning 84 hours prior to report.
b. A reserve pilot may only pick up a trip that has the same number of duty days as the available duty days left in the pilot's Section 25 Scheduling 25-73 current block of duty days. For example, a pilot with a block of 4 days of reserve availability may only pick up a 4-day trip. c. A long call reserve pilot may pick up any trip regardless of report time. d. A short call reserve pilot may pick up any trip which will fall within his duty time requirements on the first day of the trip, to include a 45 minute buffer. e. A reserve pilot will not be permitted to pick up a trip if it would cause his line value to exceed MMG f. All APW transactions will be processed through SkedPlus+. g. The Company retains the ability to reschedule reserve pilots. 9. Reserve Red Flag a. A reserve pilot may pick up a red flagged trip on day(s) off or over vacation, subject to the following conditions at the time of pick up: (1) The trip may only be picked up within 24 hours of the report time. (2) The reserve pilot must be released to days off prior to trip pickup. (3) The reserve must have at least 48 hours free from duty after the completion of the trip before the start of his next reserve block. A pilot and the Company may mutually agree to reduce this requirement to 24 hours. (4) The reserve may pick up open time in any domicile as provided by paragraph [F.1.e.], above. (5) Such a trip will be paid as provided by Section [3.XX.] and paragraph [F.11.], above. b. Subject to the approval of Crew Scheduling, a reserve may volunteer to work additional reserve duty on days that are red flagged. (1) Additional duty days must be in conjunction with an existing block of reserve days. Section 25 Scheduling 25-74
(2) The reserve will be paid at Red Flag rates for the greater of [3.86] hours per day or the value of any trip(s) flown at as provided by Section [3.XX.] and paragraph [F.11.], above.
c. Subject to the approval of Crew Scheduling, a reserve may request to be assigned to a pairing that extends his reserve block by one day.
(1) Such a trip will still be available for pickup by a lineholder as provided by paragraph [G.1.h.], above. f a trip is picked up, the reserve will be placed back on his original reserve block.
(2) Crew Scheduling may modify the pairing or reassign the pilot.
(3) The reserve pilot will be paid for the additional day at Red Flag rates for the greater of [3.86] hours or the value of the trip flown as provided by section [3.XX.] and paragraph [F.11.], above.
d. A reserve pilot may reduce his days off as a result of using the provisions of this paragraph [G.9.] The provisions of paragraph [K.3.], below are not applicable.
H. Contact, Notification, and Response
1. General
a. The Company will maintain a record of all attempts to contact a pilot, and provide such relevant record(s) to the Association in event of a dispute about whether a specific notification attempt was made upon reasonable request by the MEC Chairman, or his designee.
b. A pilot is not required to keep Crew Scheduling advised of his whereabouts during days off or while on vacation.
c. A pilot on a layover who is away from his hotel for an extended period of time will check for messages periodically or arrange an alternate method of contact.
d. The Company may attempt to contact a pilot on his day off; however, the pilot is under no obligation to answer his phone. Section 25 Scheduling 25-75
e. A lineholder must contact Crew Scheduling as soon as possible whenever illness or injury will prevent him from fulfilling his scheduled assignment. He will be expected to fulfill his next scheduled assignment, unless Crew Scheduling is advised that the illness or injury will result in an absence.
f. A reserve pilot will advise Crew Scheduling of the days he will be unavailable to report for duty because of illness or injury.
g. All pilots will ensure that Crew Scheduling is provided with a current phone contact before the bid period begins.
h. f a trip is modified or cancelled the flight crew will contact Crew Scheduling for possible reassignment.
i. Contact, other than telephonic, or attempted contact of a pilot does not constitute notification.
2. Contact Methods
a. An employee of the Company, its major partners, or third party station personnel may contact a pilot with a message from the Company. Such a pilot will respond to the company within a reasonable time.
b. Auto Dialer
The Company may utilize an auto dialer/announcer. The auto dialer will only use a phone number specified by a pilot.
c. ACARS
(1) The Company may send Scheduling related ACARS messages to a pilot only while he is in a non-sterile cockpit prior to block in.
(2) A pilot who is notified of a pairing modification via ACARS will respond within a reasonable period of time after block in.
(3) Notwithstanding paragraph c.(1), above, the Company may send an ACARS message to a pilot during taxi-out in order to notify him of a potential Flight Time or Duty Time violation affecting that flight.
Section 25 Scheduling 25-76 d. Electronic Alert
(1) Participation in electronic alerts is voluntary. Each pilot who participates will provide a number for text messages and/or e-mail address to which such electronic alert will be sent.
(2) The company is not required to provide notifications as provided by paragraph [d.(3)], below if a pilot does not participate in electronic alerts, if the pilot is on an overnight, or within 12 hours of report time for a trip.
(3) The company is not required to provide the notifications as provided by [(3)(a)], below while under ROP.
(4) The Company will notify a pilot with an electronic alert as follows:
(a) Each finalized schedule change
(b) ROP information as provided by paragraph [L.1.], below
e. A pilot who is not on duty is not required to respond to a contact attempt under this paragraph [H.2.]
f. A pilot who is on duty will respond to a contact attempt under this paragraph [H.2.] within a reasonable time after receipt.
g. A contact attempt under this paragraph [H.2.] may be responded to by phone call to Crew Scheduling or by self- notifying in SkedPlus+.
3. Self Notification
a. Participation in self-notification is completely voluntary to the pilot.
b. There will not be a record kept of any pilots choosing to self- notify or opt out of self-notification.
c. A pilot's use of self-notification will not be used in any disciplinary investigations or hearings (except for such pilot who self-notifies a modification and fails to show at the appropriate time as modified).
Section 25 Scheduling 25-77 d. By participating in self-notification, a pilot is stating that he accepts the changes to his schedule, is considered notified of such changes, and is not responsible for contacting crew scheduling regarding such changes.
e. Access to all other functions in SkedPlus+ will not be restricted for a pilot who chooses not to self-notify a schedule modification.
f. A pilot will be able to view modifications without being required to self-notify them.
g. This does not preclude scheduling's requirement for assigning trips to reserves in accordance with Section 25 of the Agreement.
4. Check in
a. A pilot will check in on the Company website or call crew scheduling no later than report time for his known assignment. Check in will be available beginning 4 hours prior to report time.
b. The Company will provide the ability to check in from any internet access device or by phone call to a designated number to Crew Scheduling.
c. A pilot will only check in by phone call to crew scheduling if he is unable to check in by other means.
d. f a pilot has failed to check in by 60 minute prior to departure, Crew Scheduling will attempt to contact the pilot.
e. f Crew Scheduling is unable to contact the pilot, or the pilot will be unable to depart on time, Crew Scheduling may assign the trip to another pilot.
f. A pilot will not be disciplined if he fails to check in, but reports for duty as required by this Agreement. A pattern of abuse may result in discipline.
g. A regular pilot's duty day begins at the report time of his assignment. A reserve pilot's duty day starts at the beginning of his RAP, or if released to show at the report time of his assignment.
5. Release Section 25 Scheduling 25-78
a. Regular pilots are not required to duty out.
b. Release of a reserve pilot will be as provided by paragraph [G.1.i.], above.
6. Contact During Protected Rest
f FAR 117.25.(f) is modified to remove the ability of a flightcrew member to determine that a rest period will not provide the minimum required rest, section 13.W.1. of ASA Contract 2007 will be restored.
7. Voucher
a. f the Company fails to comply with paragraphs [H.2.d.(3)], above, then any pilot affected will receive 4 hours of Add Pay.
b. The pilot must request the voucher within 7 days of the event that the pilot believes entitles him to it. The Company will process and pay such request within 60 days.
c. n the event of a natural disaster or occurrence outside the control of the Company which would make it difficult or impossible for the Company to comply with the terms of paragraph [H.2.d.(3)], above, by mutual agreement between the MEC Chairman and the Vice President Flight Operations the provisions of paragraph [H.2.d.(3)] may be waived. n the event of a waiver, Commuter Policy usages will not count towards the Commuter Policy usage limits.
d. The Company will make a reasonable effort to notify a pilot when there is a change to the pilot's scheduled overnight hotel. f a hotel change occurs prior to a pilot's duty-in, the Company may notify the pilot of the change by electronic means.
. Assignment of Open Time
Open time will be assigned in the following order:
1. To a pilot who is ROE'd within his domicile;
2. To a pilot needing Consolidation of Skills or Currency;
3. To a pilot on RX days in his domicile;
4. To a reserve pilot in accordance with paragraph [G.7.e.], above; Section 25 Scheduling 25-79
5. To a regular pilot rescheduled within original trip footprint;
6. To a regular pilot who is extended;
7. To a pilot on the volunteer list in domicile seniority order;
8. To a pilot who is Junior Assigned in accordance with paragraph [J.6.], below;
J. Reassignments, Extensions, and Junior Assignments
1. General
a. After the publication of the final schedule, a pilot holding a regular line may be reassigned and/or extended. However, any reassignment and/or extended trip must remain within the day(s) of the original trip(s), regardless of when the reassignment and/or extension occur or how many times the pilot is reassigned and/or extended. Reassignments and/or extensions must be within the limitations in Sections 12 and 25.
b. When a pilot's trip is modified or cancelled, he may be reassigned by Crew Scheduling. A pilot's trip may be modified before or after trip origination in accordance with paragraph [.], above, for operational considerations (e.g., adding an additional leg to a different overnight location).
c. The addition of segments to an existing trip must comply with the assignment of open time in paragraph [.], above.
d. When reassigning a lineholder, the Company will reassign the Lineholder to legs which fit within the original trip footprint if available, if no such legs exist the lineholder may be extended in accordance with this paragraph [J.]
e. A pilot may waive the extension or Junior Assignment limits.
f. f a pilot is rescheduled or extended past 1800 local time, the Company will provide him a hotel upon request.
g. Operational changes entered into the Company's flight control computer system will be processed within 3 hours except during ROP.
2. Reassignment Before Trip Origination Section 25 Scheduling 25-80
f a pilot is reassigned prior to reporting for a trip, the Company may:
a. Give the pilot a new assignment with a report time that is no earlier than the report time of the original trip and end no later than the last day of the original trip; or,
b. Deadhead the pilot to his layover or next station to continue the remainder of his assigned trip; or,
c. Place the pilot on RX days during the days he was scheduled to fly.
3. Reassignment After Trip Origination
f a pilot is reassigned after trip origination, the Company may:
a. Deadhead the pilot to his layover or next station to continue the remainder of his assigned trip; or,
b. Reassign the pilot to a different trip that is scheduled to end no later than the last day of his original trip; or
c. f the pilot's schedule for the current day is modified and he has no flight assignments remaining for the day he may be given an assignment window as provided by paragraph [J.7.], below; or
d. Place the pilot on RX days during the days that he was scheduled to fly.
4. Extensions
A regular pilot will not be extended more than 10 times in a calendar year without his concurrence.
a. Any extension scheduled for 90 minutes of duty time or less in scheduled revenue service (including charter operations) will not count toward the extension limitation above.
b. For all other flights (including repositions) an extension of 90 minutes of duty time or less will not count toward the extension limitation above, based on actual duty time.
5. Volunteer Junior Assignment List
Section 25 Scheduling 25-81 a. A pilot may request to be on the volunteer list by contacting Crew Scheduling.
b. A pilot on the volunteer list will indicate the day(s) on which he is available, and may make a request for a specific trip, if known.
c. A pilot may reduce his minimum days off as a result of a volunteer Junior Assignment.
d. The volunteer Junior Assignment list will be maintained electronically on the company website.
6. Junior Assignment
a. Junior Assignment is the mandatory assignment of a pilot in reverse order of domicile seniority. He must be available and legal to fly an open trip that cannot be covered by the application of paragraph [.], above. f the Company questions the reasonableness of a pilot's availability it will be resolved through the Chief Pilot's Office.
b. A pilot who is Junior Assigned shall be paid 150% of his rate of pay for the greater of the following:
(1) [3.86] hours per duty period of the trip; or,
(2) The pay for a trip as computed in Section 3, Compensation.
c. A pilot will not be Junior Assigned more than 48 hours prior to the report time of a trip.
d. A pilot will be bypassed in the first attempt of coverage if:
(1) He would not receive 2 days off in his domicile in 7 consecutive days as a result of junior manning; or,
(2) He would be required to drop a trip that would generate an additional junior manning requirement.
e. Unless the pilot consents, he will not be Junior Assigned for a trip that operates on the consecutive days off either before or after vacation or training other than recurrent training.
Section 25 Scheduling 25-82 f. f a lineholder's schedule is modified as a result of Junior Assignment, he will be reassigned or assigned RX days and be pay protected.
g. Junior Assignments will be documented by Crew Scheduling and forwarded electronically to the Director of Crew Support within 24 hours. An information copy will be forwarded to the affected pilot, upon request.
h. A pilot will not be Junior Assigned when placing a phone call to Crew Scheduling or by accessing the Company computer system.
i. Crew Scheduling, when implementing these provisions, must clearly state to a pilot that he is being Junior Assigned.
j. No pilot will be junior assigned more than 2 times, which cumulatively will not exceed 3 duty periods (or 1 CDO) in a month or 7 duty periods in any calendar year without his concurrence.
7. Assignment Window
a. A regular pilot who is reassigned after trip origination as provided by paragraph [J.3.c.], above may be given an assignment window at a domicile.
b. An assignment window will begin at the later of:
(1) Notification of rescheduling, or (2) The last block in, or (3) Report time.
c. An assignment window will be the following duration:
(1) 2 hours in domicile on a day other than the last day of a pairing. (2) 30 minutes in domicile on the last day of a pairing. (3) 5 hours in an ROP
d. An assignment window will not extend beyond a pilots originally scheduled release time.
e. The pilot may be required to report immediately for an assignment made during the assignment window. f an assignment is made during the assignment window that is Section 25 Scheduling 25-83 scheduled to depart more than 3 hours after the assignment has been made, the pilot will not be required to remain at the airport.
f. f the pilot is not given an assignment during the assignment window, he will be released until his next assignment or placed on RX days in accordance with this paragraph [J.]
8. Unscheduled Overnight
When, because of weather or mechanical conditions, a pilot is required to remain overnight away from domicile on a day off as shown on his final schedule, such pilot will be released when he first arrives at his domicile the day following the overnight. Such pilot will not be required to fly more than 3 legs, including deadhead on such day in order to arrive at his domicile.
9. Equipment Substitution
When there is an equipment substitution consisting of a jet for a turbo- prop or a turbo-prop for a jet, the schedule for the flight(s) will be increased or decreased, if required, to a realistic block time.
10. Flight Retiming
n the event of a flight retime by the major partner, the report time for a pairing may be moved earlier by a maximum of 30 minutes. Such modification must be made at least 7 days before the report time. For the purposes of the commuter policy the pairing will be considered to show at the original time.
K. Lost Days Off
1. A pilot with at least minimum days off following the loss of a day off because of a reassignment or Junior Assignment will be paid for the lost day off or have that day off restored and be paid 100% for the credit time.
a. f the pilot chooses to be paid for the reassignment on the day off, he will be credited with [3.86] hours or actual credit time for the day, whichever is greater, at 150% of the applicable hourly rate and such credit will be additional pay.
b. f the pilot chooses to have the day off restored, restoration of the lost day off will be as provided by paragraph [K.3.], below.
Section 25 Scheduling 25-84 c. f the pilot fails to notify the Company of his choice, he will be paid for the lost day off.
2. A pilot with less than minimum days off following the loss of a day off because of a reassignment or Junior Assignment, will be paid for the day off lost and have the day off restored.
a. The pilot will be credited with [3.86] hours or actual credit time for the day, whichever is greater, at 150% of the applicable hourly rate and such credit will be add pay.
b. Restoration of the lost day off will be as provided by paragraph [K.3.], below.
3. Restoration of Lost Days Off
a. Restoration of lost days off will be coordinated with crew scheduling.
b. A pilot must contact Crew Scheduling to replace a lost day off within 3 calendar days of the Lost Day.
EXAMPLE: A pilot is Junior Assigned to a day trip on June 15 th
and contacts Crew Scheduling on June 18 th to coordinate his RDO. His day will be restored as provided by paragraphs [3.c.-d.], below
EXAMPLE: A pilot is Junior Assigned to a day trip on June 15 th
and contacts Crew Scheduling on June 19 th to coordinate his RDO. Because his request is more than 3 calendar days after his lost day off, his day will be not be restored. However, he will still receive pay for the lost day off as provided by this paragraph [K.]
c. Crew Scheduling will provide the pilot with a list of days available to be restored within 30 days of when the pilot contacts crew scheduling. The pilot may:
(1) Select one of the days offered by crew scheduling; or
(2) Elect to have a RDO preassigned day off.
EXAMPLE: A pilot contacts Crew Scheduling on June 18 th to coordinate his RDO. Crew Scheduling offers him the following list of days available to be restored: Section 25 Scheduling 25-85 June 20 th , 21 st , 25 th , and 26 th , July 2 nd , 10 th , and 11 th . The pilot may select one of the available days or elect to have a RDO preassigned day.
EXAMPLE: A pilot contacts Crew Scheduling on June 18 th to coordinate his RDO. Crew Scheduling does not have any days available to be restored within the next 30 days. The pilot will receive a RDO preassigned day.
d. When providing the list of days available to be restored in paragraph [3.c.], above, priority will be given to RDOs over DAT vacation requests and discretionary trip trades/personal drops.
e. RDO Preassigned Days Off
(1) RDO Preassigned days off will have a credit value of [X.XX] hours.
(2) A pilot who receives a RDO preassigned day off will select a day during the next bid period for which bidding has not begun to use the preassigned day off.
EXAMPLE: A pilot receives a RDO preassigned day off on June 18 th . Because bidding has started for July, he will use his RDO preassigned day off during the August bid period.
EXAMPLE: A pilot receives a RDO preassigned day off on June 2 nd . Because bidding has not started for July, he will use his RDO preassigned day off during the July bid period. (3) Major ROP
n the event of an ROP which would make it difficult or impossible for the Company to comply with the terms of paragraph [d.(2)], above, by mutual agreement between the MEC Chairman and the Vice President Flight Operations the terms of [d.(4)], below will apply.
(4) n the event of a Major ROP as provided by paragraph [d.(3)], above, a pilot who receives a RDO preassigned day off will select a day during the next two bid periods for which bidding has not begun. The Company may Section 25 Scheduling 25-86 close a month for further selections and remaining selections will be made in the other month.
EXAMPLE: A major IROP occurs from June 15 th -18 th . A pilot will use RDO preassigned days off during the August and September bid periods.
(5) A pilot may use a RDO preassigned day off on any day except the day before, day of, or day after Holidays.
(6) RDO preassigned days off will not count toward the minimum days off specified in Section 12.
f. A RDO will not decrease line value, Add Pay, and/or minimum monthly guarantee
L. rregular Operations ("ROP)
1. ROP is declared by the ExpressJet Operations Coordination Center ("OCC) whenever severe weather or other irregular operations affect any of the Company's domiciles. The Company will notify pilots using My Messages of relevant ROP information, including the time of implementation and termination.
2. When ROP is declared, it will be effective on a domicile-by-domicile basis.
3. While under ROP a pilot may only contact Crew Scheduling for current day or next day operations.
4. A pilot will only call Crew Scheduling if unable to self-notify schedule changes in SkedPlus+.
5. Reassignments during ROP will be in accordance with paragraphs [G.] and [J.], above.
M. Duplicate Flight Assignments
1. f 2 or more regular pilots are scheduled to fly the same flight(s) on the same day, the senior pilot will have the choice of whether to remain on the flight(s), unless the flight assignment is scheduled to be flown on a different aircraft-type. The pilot removed from the flight(s) will be handled in accordance with paragraph [J.], above, and will be paid and credited in accordance with Section 3.
Section 25 Scheduling 25-87 2. f a regular pilot and a reserve pilot are scheduled to fly the same flight(s) on the same day, the regular pilot will fly the flight(s).
3. f 2 reserve pilots are scheduled to fly the same flight(s) on the same day, the assignment of which pilot will fly the flight is at Company discretion.
4. The reserve pilot not flying the flight(s) pursuant to paragraphs [M.2.] and [M.3.] above, will be handled in accordance with the respective reserve release rules, and if:
a. a short-call reserve, he will be credited with a conversion to an airport standby reserve, or
b. a long-call reserve, he will be credited with a transition to short- call reserve
N. Trip Displacements and Removed for Operating Experience (ROE)
1. A supervisory pilot will be allowed to fly any aircraft on which he is qualified and current regardless of his awarded position as provided by paragraph [N.3.], below, with the exception that supervisory pilots will not be required to follow the order specified.
2. Other offline pilots (e.g., Administrative Pilots, Technical Pilots, etc.) will be allowed to fly aircraft on which they are qualified and have the seniority to hold the position as provided by paragraph [N.3.], below. However, Technical pilots will be permitted to perform revenue flights in a position which they do not have the seniority to hold for the purpose of their own required Operating Experience or Consolidation of Knowledge and Skills.
3. An offline pilot will pick up time in the following order:
a. Open time - Time that remains available within 12 hours before the scheduled departure of the trip may be picked up by offline pilots.
b. Time from a reserve pilot - A reserve pilot replaced by a offline pilot will be returned to reserve.
c. Time from a lineholder - A lineholder's consent must be obtained before being replaced by an offline pilot. f a lineholder consents, he will be released to a day(s) off for the remainder of the trip unless the lineholder consents to replacement for a portion of the trip. When replaced for the entire trip, the Section 25 Scheduling 25-88 lineholder will be paid for the scheduled credit value of the original trip. When replaced for a portion of the trip, the lineholder will be paid for the value of the segments flown by him and the scheduled value of the segments flown by the offline pilot.
d. A base support pilot will be eligible to bid in their current position and trips will be removed as needed to provide base support.
e. An offline pilot may pick up posted pairings as provided by [25.F.]
4. Removed for Operating Experience (ROE)
a. A pilot may be removed from a trip to administer or receive FAA required operating experience or a line check and reassigned a trip in accordance with the following:
(1) The Company will notify a pilot that he has been ROE'd between 0900 ET 3 days prior and 1200 ET on the day prior to the start of his trip by telephone or telephone message and confirmed by record in the Company computer system.
(2) A reassigned trip(s) will be selected from open time that remains available during the notification window described in paragraph [a.(1)], above. A reassigned trip will not be scheduled to begin prior to or end later than the originally scheduled trip. A deadhead to rejoin an originally scheduled trip does not require notification.
(3) A reserve pilot removed from a trip will be returned to reserve.
b. f the Company does not notify the pilot in accordance with paragraph [a.(1)], above, or if no trip is assigned by 1200 ET on the day prior to the start of his trip, , the pilot will be released from duty and placed on day(s) off.
c. f the Company does not notify the pilot in accordance with paragraph [a.(1)], above, and a pilot commutes to his domicile to be available for his originally scheduled trip, the pilot will be provided a positive space travel in accordance with Section 8 to the pilot's home of record. f the Company is unable to return the pilot to his home of record on the day of the originally Section 25 Scheduling 25-89 scheduled trip, he will also receive single-room lodging in domicile and per diem from the report time of the originally scheduled trip to the scheduled departure time of the flight returning the pilot to his home of record.
d. A pilot will be paid for the value of the originally scheduled trip or the reassigned trip, whichever is greater. A pilot who is released and picks up a trip will be credited add-pay for that trip.
e. A pilot who receives a reassigned trip pairing(s) that requires an unscheduled overnight in domicile will be provided single- room lodging for that night in the domicile.
O. Recording of Pilot/Crew Scheduling Conversations
f the Company elects to use a recording system to record telephone conversations on Company telephone lines between pilots and Crew Scheduling personnel, the following conditions will apply:
1. Recording will comply with appropriate legal requirements.
2. The start and/or end date for recording will be announced to all pilots by memo.
3. The recording system used will be capable of performing the functions required by this provision. n the event of a malfunction, the Company will take expeditious steps to return it to its full working order.
4. Chain of custody will be maintained by securing the recorder(s) and recordings in a locked area with access limited to personnel authorized by the Vice President Flight Operations, and such persons will not include crew schedulers. An access and duplication log will be maintained, noting date and person taking action.
5. Recordings will be retained for no fewer than 60 days, except if a grievance has been filed involving a recorded conversation, the original recording will be retained, upon specific request by the Association, until final adjudication of the case, or sooner if agreed to by the parties.
6. The recording system will record no fewer than 3 telephone lines. The telephone numbers of the recorded lines will be published in the bid package each month.
Section 25 Scheduling 25-90 7. The Company will employ a method, such as a beep tone on recorded lines or a letter of notification, that will confirm to participants in the conversation that recording is taking place.
8. The Company will not engage in random reviews of recorded conversations for the purpose of looking for reasons to discipline pilot(s), and the Association will not engage in random reviews of recorded conversations for the purpose of looking for contract violations.
9. f the method utilized to record these conversations changes, then the rules in this paragraph [O]. will be adapted to that method, as well.
10. Review of Recordings
a. The MEC Chairman, or his designee, may request, in writing, access to specific recorded conversations involving a named pilot, occurring on a specified date at an approximate time. The Company will provide such access within 5 working days of receipt of the written request. f requested, copies of the recordings will be made available within 2 working days.
b. n connection with the Company's compliance with paragraph [O.10.a.], above, the Association will be allowed to listen to the original recording and will be provided a copy of the recording
c. The Company will not be required to search its recording archives outside a 1 hour window of the time specified by the Association in paragraph [O.10.a.], above.
P. General
1. t is the responsibility of a pilot who believes he may have a FAR legality problem to bring it to the attention of Crew Scheduling. Crew Scheduling may not assign, nor may a pilot accept, any duty which would result in violation of FARs.
2. Captains Flying as First Officers
a. A reserve captain may be required to fly as a first officer if no reserve first officers are available to fly an assignment.
b. f both crewmembers are on reserve, the more senior reserve (by pilot system seniority) will designate who will be captain and first officer.
Section 25 Scheduling 25-91 c. f the other crewmember is a lineholder, he will be the captain.
d. A reserve captain will not be required to fly more than 20 hours as a first officer in a month.
e. The pilot will be paid and credited as a captain for the first officer assignment.
f. A pilot retains the responsibility to determine if an assignment is safe, and may reasonably refuse an assignment to fly as first officer.
3. Aircraft Repositioning
a. Aircraft repositioning must be part of a flight assignment or Airport Standby
b. Repositioning may only be assigned to a Lineholder or reserve on a pairing if associated with their pairing (e.g. reposition aircraft used on their previous leg)
c. Repositioning will be paid as provided by Section 3.
4. Flight Time/Duty Time Buffers
Schedules will not be constructed and Trip Trades will not be approved that would cause a pilot to exceed:
a. 55 FDP hours in any 168 hour period; or b. 98 hours of flight time in any 672 consecutive hours; or c. 185 FDP hours in any 672 consecutive hours; or d. 990 hours of flight time in any 365 consecutive calendar day period.
The parties will meet monthly during 2014 to review and potentially adjust buffers by mutual agreement.
Q. Scheduling Committee
1. The Scheduling Committee members will assist in trip and line construction.
2. The Company will pay 50% of the value of the trips lost for the members of Scheduling Committee participating in trip and line construction as follows:
Section 25 Scheduling 25-92 a. 1-2 days to assist in trip construction.
b. 1-2 days to assist in line construction.
3. The Company will provide positive space travel in accordance with the pass travel policies for members of the Scheduling Committee while on Scheduling Committee business.
4. The Company and the Scheduling Committee will meet at the request of either party to discuss matters related to scheduling. f requested, the Company will provide documents relevant to the topics to be discussed. During these meetings, the following items may be discussed but not limited to these areas:
a. Long-call utilization
b. Reserve utilization
c. Reassignments
d. Junior Assigments
e. Minimum level number set for trip trading purposes in the Company's computer system
f. Trip trading
g. Detailed staffing
5. The Association will advise the Company in writing of its Scheduling Committee members.
6. Nothing in this section entitles the ASC to strategic, proprietary or confidential information or access to meetings or discussions where such information may be discussed.
R. Electronic Processes (EP)
1. General
a. The provisions in this paragraph [R.]. apply to all EP transactions concerning vacation, filling of vacancies, CQEs, and furlough and recall transactions.
b. The Company will provide the capability for pilots to perform the EP and Electronic Scheduling Processes (ESP) identified in Section 25 Scheduling 25-93 this section in each domicile free of charge. The capability of pilots to perform such electronic transactions by nternet- enabled personal computers will also be available free of charge (excluding SP service fees).
c. For EP transactions, a pilot will be able to view a bid submission acknowledgement with the time and date of such bid.
d. When the Company is required in this Section to post or publish any material, such posting or publishing may be done electronically in accordance with this paragraph [R.]
e. For the purposes of this Section "post, posted, or posting means made available electronically or in a printed form to the pilots at each domicile.
f. System Compatibility
(1) The EP will be compatible with a personal computer, running "windows graphical-based software.
(2) The EP will support other operating systems as practical, such as Mac OS, iPhones, Android, and other personal electronic devices.
(3) The EP will accommodate connections using highspeed device(s) and dial-up, but the Company reserves the right to evolve with technology.
(4) The EP will utilize security features designed to protect against access by unauthorized persons. At implementation, access by a pilot to EP will be by user D and password, but the Company reserves the right to evolve with technology.
g. System Failure Plan
The Company will design and maintain an EP system failure plan. The object of such plan will be to provide a means to accomplish the requirements of this Section as near as practicable in the event of a failure of the EP. For example, the plan may call for non-electronic means of accomplishing, as near as practicable, the requirements of this Section. The implementation of such plan will take into account the provision of a reasonable period of time, given the circumstances, for Section 25 Scheduling 25-94 pilot response to accomplish the required transaction(s) or to report for any resulting assignment(s).
2. As the Company's computer system and other technology improvements are available, the Company will meet with the Association to discuss potential changes.
a. The provisions of this Agreement that deal will EP are not intended to prevent the Company from evolving as technology evolves, so long as such technology will continue to provide free remote access.
3. Electronic Scheduling Process (ESP)
a. The ESP will allow a pilot to view:
(1) Reserve Assignment/Availability Screen to include all items pertinent to the reserve assignment order.
(2) Reserve Pool Display
(3) Complete schedule for other reserve pilots;
(4) Trip access to include scheduled and actual
(5) All open time. ncluding a distinction between open time assigned to a long-call reserve pilot and open time assigned to a short-call reserve pilot.
(6) Pilot Schedule
(7) Pay Register
(8) Bid package
(9) Status of a request, such as open time, swaps and drops, mutual trades, pick-up of open time and proposed drops.
(10) Schedule bidding system
(11) Vacation bidding system
(12) CQE bidding system
Section 25 Scheduling 25-95 (13) When notified electronically, acknowledge receipt of a modification to his schedule.
b. n addition to the access provided in paragraph [3.a.], above, the Association will provide a list of persons, including the ALPA Labor Relations Counsel, that will have access to the following:
(1) Crewtrac History Screen
(2) Open Time/Segment Screen
(3) SkedPlus+ mpersonate
(4) Rainmaker
(5) Unpublished Open Time
(6) Contact Numbers
(7) Scheduling Comments
c. The Association will have sufficient access and time to review attendance history in order to represent pilots.
d. Association access to the Company computer system will be used to administer the Agreement, respond to pilot inquiries, and resolve disputes. The Association will not engage in random reviews of Company data except for the purpose stated in this paragraph [R.]
e. The above-listed requirements are a minimum and do not preclude or require the Company from providing additional capabilities as technology evolves.
f. Document Retention
The Company will retain the maximum history permitted by the Company's document retention policy, but no less than 2 months.
S. Reduced Flying Lines (RFLs)
1. The Company may, at its discretion, offer reduced flying lines (RFL) to pilots in a position.
Section 25 Scheduling 25-96 2. The Company will offer reduced flying lines as furlough mitigation.
3. The Company may offer 40-hour lines and/or 60-hour lines at their discretion.
4. This is a voluntary program, and will not result in any pilot being forced to accept a reduced flying line.
5. The parties will meet and confer to develop terms and conditions for RFLs prior to their use.
T. Pay Examples
1. The examples in this paragraph T. will apply to pilots in both the Legacy ASA System and the Legacy XJT System.
2. Swaps, Drops, Pick-ups and Mutual Trades
a. A pilot trades a 4-day trip worth 20 credit hours for a 4-trip day worth 22 credit hours giving the pilot 2 hours more credit.
Start: Line VaIue Min Guarantee 77 Hours 75 Hours + 2 Hours 79 Hours 75 Hours TotaI Pay: 79 Hours
b. A pilot trades a 4-day trip worth 15 credit hours for a 3-day trip worth 19 credit hours giving the pilot 4 hours more credit.
Start: Line VaIue Min Guarantee 70 Hours 75 Hours + 4 Hours 74 Hours 75 Hours TotaI Pay: 75 Hours
c. A pilot trades a 3 day trip worth 18 credit hours for a 4 day trip worth 16 credit hours giving the pilot 2 hours less credit.
Start: Line VaIue Min Guarantee 80 Hours 75 Hours - 2 Hours 78 Hours 75 Hours TotaI Pay: 78 Hours
Section 25 Scheduling 25-97 d. A pilot picks up a posted trip worth 5 credit hours when he is not on RX status or on ROE and has not been released. Start: Line VaIue Min Guarantee 68 Hours 75 Hours + 5 Hours as add pay TotaI Pay: 80 Hours e. A pilot trades a 4 day trip worth 20 credit hours for a 4 day trip worth 18 credit hours giving the pilot 2 hours less credit. Start: Line VaIue Min Guarantee 70 Hours 75 Hours - 2 Hours - 2 Hours 68 Hours 73 Hours TotaI Pay: 73 Hours f. From the paragraph e., above, a pilot then trades a 4 day trip worth 18 credit hours for a 4 day trip worth 22 credit hours giving the pilot 4 hours more credit. Start: Line VaIue Min Guarantee 68 Hours 73 Hours + 4 Hours + 2 Hours 72 Hours 75 Hours TotaI Pay: 75 Hours g. RX example involving a trade with a trip assigned on the protected days. Schedule 1. RPC (RX) 20 hours 9. Off 2. 9101a (RX) 10. 9102 3. (RX) 11. 4. (RX) 12. 5. Off 13. 6. Off 14. Off 7. Off 15. Off 8. Off Start: Line VaIue Min Guarantee 80 Hours 75 Hours A lineholder trades pairing 9101a that was modified. The protected value of the pairing was 20 hours. The pilot then Section 25 Scheduling 25-98 trades the modified pairing for a different pairing worth 17 hours.
Schedule 1. RPC 4.00 hours 9. Off 2. Off 10. 9102 3. Off 11. 4. Off 12. 5. 9104 17 hours 13. 6. 14. Off 7. 15. Off 8. Off
Start: Line VaIue Min Guarantee 80 Hours 75 Hours RX Prot. - 20 - 15 Subtotal 60 Hours 60 Hours
n. A pilot picks up a trip a 4-day trip over his vacation or just touches his vacation worth 18 credit hours
Start: Line VaIue Min Guarantee 65 Hours 75 Hours + 18 Hours as add pay TotaI Pay: 93 Hours
He then trades that 4-day trip as add pay of 18 hours for a different 4-day trip that touches his vacation worth 20 credit hours.
Start: Line VaIue Min Guarantee 65 Hours 75 Hours -18 Hours of add pay removed 65 Hours 75 Hours + 20 Hours TotaI Pay: 85 Hours
o. A pilot picks up a trip a 4-day trip over his actual days of vacation worth 20 credit hours.
Start: Line VaIue Min Guarantee 65 Hours 75 Hours + 20 Hours as add pay TotaI Pay: 95 Hours
The pilot then trades that 4-day trip worth 20 credit hours for a different 4-day trip worth 22 credit hours over the same days or different days over the actual vacation days. His pay will be as follows:
Start: Line VaIue Min Guarantee 65 Hours 75 Hours + 22 Hours as add pay TotaI Pay: 97 Hours
p. A pilot personal drops a 5-hour turn. Section 25 Scheduling 25-101
r. A pilot personal drops a 3-hour turn on day 4 on trip 9100A which makes it trip 9100B.
Original 9100 Modified 9100A Modified 9100B
Day 1 5:00 Day 1 RPC 4:00 Day 1 RPC 4:00 Day 2 5:00 Day 2 RPC 4:00 Day 2 RPC 4:00 Day 3 5:00 Day 3 RX 2:00 (9100A) Day 3 2:00 (9100B) Day 4 5:00 Day 4 RX 5:00 (9100A) Day 4 2:00 (9100B) Pay: 20:00 Pay: 20:00 (RX) Pay: 12:00
His pay will now be 12:00 and the RX pay protection is removed.
s. A pilot with a line value of 68 hours and a MMG of 70 hours picks up a 2-day trip worth 10 hours on days off:
Start: Line VaIue Min Guarantee 68 Hours 70 Hours + 10 Hours as add pay TotaI Pay: 80 Hours
The pilot then personal drops the 2-day trip.
Start: Line VaIue Min Guarantee 68 Hours 70 Hours
TotaI Pay: 70 Hours
3. Pay by Leg Examples
Section 25 Scheduling 25-102 Pay by leg examples are included in Appendix [XX].
26-1
26. GENERAL
A. Property Damage and Civil Liability ndemnification
When a pilot's good faith performance of his duties within the reasonable scope of his employment cause him to be named as a defendant or subpoenaed as a witness in any legal proceeding (including those initiated by a fellow employee), the Company will, at its own expense, provide necessary legal representation and indemnify such pilot or his estate against any final money judgment or award rendered against him. t is expressly understood that these obligations do not apply when the claims arise from the pilot's own gross negligence or intentional misconduct. A pilot or his estate will not be required to pay the cost of aircraft equipment or other property damaged in the good faith performance of duties within the reasonable scope of his employment.
B. Agreement Distribution
The Company will print 1 copy of this Agreement for each pilot, plus an additional 10%. Copies of the Agreement will be made available in each domicile for distribution to pilots. The Association will maintain an electronic copy of the Agreement. The electronic copy of the Agreement will be joint property of the Company and the Association.
C. The masculine pronouns used herein will include the feminine unless otherwise specified.
D. Recorded data
1. The term "recorded data or information means data or information derived from a Cockpit Voice Recorder (CVR), Flight Data Recorder (FDR), Quick Access Recorder (QAR), Flight Data Acquisition Unit (FDAU), Central Maintenance Computer (CMC), Aircraft Communications and Reporting System (ACARS), Video Recorder or any other onboard recording or transmitting device.
2. Recorded data or information may be used to investigate an accident or incident, to further approved safety programs as set out in the ASAP or FOQA Letters of Agreement, or for maintenance and aircraft reliability purposes. Except by mutual agreement of the parties, as required by government regulation or judicial order, or as provided below, recorded data or information will not be disclosed to any third party. Except as specifically provided in paragraph b.(2)., below, recorded data or information will not be used by the Company in any Section 26 General 26-2 legal or administrative proceeding against a pilot(s) involving discipline, discharge, FAR violation, civil liability or criminal penalty nor will it be used by the Company to investigate or initiate discipline. The Company will not monitor individual performance or compliance with policy, directives or regulations with such data.
a. Accident or ncident nvestigation The use of recorded data or information during the investigation of an accident or incident will be limited to government agencies responsible for accident or incident investigation and designated members of the accident investigation team, including Company and Association representatives on that team.
(1) Data from a CVR or FDR will only be removed from an aircraft following an accident or incident in accordance with regulations and directives of the responsible government agency. When data from a CVR or FDR will be removed from an aircraft for review or analysis following an accident or incident, the Association and the pilot(s) involved will be given advance notice of the time and place for such review and be given an opportunity to attend.
(2) To investigate an occurrence or event not governed by government agency regulations or directives, and if mutually agreed by the parties, data from a CVR or FDR may be removed from an aircraft. When data from a CVR or FDR will be removed from an aircraft under these circumstances, the Association and the pilot(s) involved will be given advance notice of the time and place for such review and be given an opportunity to attend.
b. ASAP and FOQA Programs
(1) The use of recorded data or information under these programs is specified in the Letters of Agreement and Memoranda of Understanding regarding ASAP and FOQA included in the appendix.
(2) f a pilot's ASAP report is rejected for failure to meet the requirements of paragraphs 11.a.(2) or 11.a.(3) of the ASAP MOU, the Company will be permitted to use FDR data in disciplinary proceedings against such pilot.
c. Maintenance and Reliability Purposes Section 26 General 26-3
Recorded data or information may be used for maintenance and reliability purposes in order to evaluate aircraft systems or components and such information may be shared with manufacturers or suppliers of those systems or components. When possible, any recorded data or information used pursuant to this paragraph will have all pilot identifying characteristics removed from the data or information prior to such use.
d. The Company will not be prevented from using recorded data or information that is derived from ACARS regarding "in, "off, "on or "out times in proceedings referred to in paragraph D.2., above, to corroborate reports of misconduct obtained from another source.
3. The Company will use best efforts to ensure the confidentiality and security of all recorded data or information to prevent unauthorized access or use.
4. Except as prohibited by FARs, a Captain will have the right to erase his aircraft's CVR at the end of any incident or accident free flight.
5. Unless mandated by law, there will be no video recorders or recordings in the cockpit.
6. The Company will notify the Association in writing not less than 30 days prior to the installation of any device, equipment, or system that is capable of monitoring and/or transmitting pilot performance data on an aircraft.
E. Air Safety and Accident nvestigation Committee
1. f an event occurs involving Company aircraft and/or pilots which meets the immediate notification requirements of NTSB 830.5, the Company will notify the MEC Chairman or his designee, the Association's Central Air Safety Committee chairman, the Association's Chief Accident nvestigator, and any other person designated by the Association, as soon as reasonably practicable, but within 2 hours after Company notification of such event. Such notification will be accomplished by dialing a telephone number(s) to be supplied by the Association for each person required to be notified. The Association will bear the costs associated with the receipt of communications required by this paragraph.
2. Up to 5 pilots requested by the MEC Chairman or his designee will be granted immediate Association Leave to participate in an investigation Section 26 General 26-4 involving Company aircraft and/or pilots. The Association's notification to the Company of which pilots to be granted immediate leave will be accomplished by the Association notifying a single Company representative with a single phone call to the Company. f a pilot is on a trip at the time he needs immediate leave, he will be released as soon as possible. The parties will cooperate to facilitate his release. Upon request of the Association's MEC Chairman, up to 2 additional pilots will be granted Association leave as soon as possible, but not more than 12 hours after the Association's notification pursuant to paragraph E.1., above, provided such leave does not interfere with the operations of the Company. The MEC will use best efforts to assist the Company in covering trips of the pilots granted Association leave under this paragraph.
3. The Company will not request Association members to return to duty following an investigation without being released by the Air Safety Chairman or the Association's Chief Accident nvestigator. When released from accident investigation duties, the Association member will be granted consecutive days of paid time off from Company assigned duties in accordance with the following formula:
a. Response day 1 is the first day of the response.
b. For response days 1, 2, and 3, the Association member will receive 1 recovery day for each day worked.
c. For response days 4 through 30, the Association member will receive 1 recovery day for every 3 days worked.
d. The maximum recovery days to be granted will be 10.
Association members granted paid time off for recovery following an accident response will be paid the scheduled credit for trips lost. f no trips are scheduled for the responding ALPA member, the responding ALPA member will be paid 6 hours per day for each day he would have been available to work as calculated in Section 12.E.3.d. (prorate days off table).
EXAMPLE: An association member participates in a 10 day accident investigation. He had no trips scheduled during the 10 day period. He will be paid 36 hours (10 days 4 days off = 6 days * 6 hours per day).
4. The Air Safety Chairman, Association Chief Accident nvestigator or their designee will be released from duty to assist in investigations of other carrier accidents or incidents if requested by the Association. f Section 26 General 26-5 additional Association members are required in an investigation involving another carrier, their release from duty will be on a case-by- case basis after mutual agreement between the Company and the Association.
5. Association members will recognize a duty to assist the Company in the investigation of any accident or incident involving Company aircraft and/or personnel. However, a pilot involved in any accident or incident will be provided the opportunity to contact and meet with representatives of the Association, provided it does not interfere with the Company's ability to perform a timely investigation. f requested by the pilot, any and all contact with the Company will be at the discretion of the pilot until such time as the pilot has met and conferred with representatives of the Association.
6. The parties will coordinate transportation of Association investigators to and from the accident site, as soon as practical.
7. The Company will notify the Air Safety Chairman whenever it anticipates changes in equipment, destinations, policies, or operations that might affect safety in order that the Association may study the change and make appropriate recommendations to the Company.
8. FOQA and ASAP Flight Pay Loss
The Company will pay 100% of the value of trips lost for FOQA/ASAP Committee. Flight pay loss must be approved and coordinated by the Director of Safety & Regulatory Compliance. The Director of Safety & Regulatory Compliance and the Air Safety Chairman will meet periodically to discuss and schedule Association participation in the FOQA and ASAP programs. The Association will pay for all other expenses.
9. Association Meetings in ASAP and FOQA
The Director of Safety & Regulatory Compliance and the Air Safety Chairman will meet periodically to discuss and schedule Association participation in the FOQA and ASAP programs.
F. The Company will not track a pilot's website browsing on websites other than the Company website when a pilot is logged onto the Company website from his own personal computer.
G. Appearance Standards
Section 26 General 26-6 A pilot is expected to adhere to the uniform and other personal appearance standards established by Flight Operations and Paragraph H., below. Any changes in these standards will become effective only after consultation with the Association's MEC Chairman or his designee.
H. Uniforms
1. The Company will furnish initial jacket and shirt insignia, hat emblem and shoulder boards to each pilot at no charge. The Company will also furnish jacket insignia, shirt insignia, and hat emblems, if required, to a pilot who upgrades or downgrades. The initial purchase of the uniform may be defrayed through payroll deduction at the minimum rate of $25 per pay period. Payments on balances (which will not exceed $550, or higher if raised by the Company) for uniform items in excess of the basic uniform requirements may also be payroll deducted at the minimum rate of $25 per pay period. A pilot may volunteer to increase his payroll deduction amount.
2. A pilot will be responsible for replacing worn uniform pieces as well as for purchasing additional uniform items. The Company will pay each pilot who has been on the seniority list for at least 90 days a uniform maintenance and replacement allowance of $17 per month. Such allowance will be included in the first pay check of the month and will be reflected on a pilot's pay advice.
3. The wearing of the uniform hat will be at the pilot's discretion, unless required by the major partner.
4. The recommendations of the Association will be considered by the Company before making any changes in the style, color or material of the pilot uniform.
5. f the Company changes the uniform or a major partner mandates the wearing of hats or nameplates, the Company will pay the total cost of the replacement uniform or of adapting the uniform to accommodate any changes.
6. The Company will make available to pilots for purchase, at its invoice cost, wheeled luggage (Travel Pro or quality equivalent). Such purchases may not be payroll deducted.
. Personnel File
1. Pilots will be permitted to inspect their personnel and training files, and make copies of any reports contained in those files, by making an appointment during regular business hours where such records are Section 26 General 26-7 maintained or by having copies of those records forwarded to their Chief Pilot for personal inspection. Records will not be forwarded to a Chief Pilot more than once per year.
a. Beginning at Date of Signing, all new information will be stored electronically.
b. No later than January 1, 2014, pilots will be able to view their complete personnel file electronically.
2. The Company will not place any negative reports, material of an unfavorable nature, or documents related to discipline in a pilot's personnel file without providing a copy to the pilot. A pilot will be allowed to place his own statement relating to the same circumstances in his personnel file.
3. Negative reports, material of an unfavorable nature, or documents related to discipline that are more than 12 months old may not be used to assess or support discipline, or make performance evaluations. f a pilot makes a request and such documents are more than 12 months old and are no longer required to be retained by law, they will be removed from the pilot's personnel file and promptly destroyed. This paragraph will not apply to training or proficiency matters.
4. Nothing in this Section will prevent the Company from keeping any records required by law.
5. Pilots will be able to view and update their personal data electronically.
6. No information will be released to any third party without pilot approval, except as required by law.
J. Termination and Resignation
1. Upon termination or resignation all Company furnished items must be returned.
2. A pilot who resigns must provide 2 weeks written notice to be eligible for rehire.
K. Commuter Policy
Section 26 General 26-8 1. A pilot is responsible for reporting for assignments in a timely manner. These provisions are not intended to relieve a pilot of his responsibility.
2. The Commuter Policy will not be limited to pilots who commute by air and will also apply to those pilots who commute by ground transportation (e.g., rail, car, bus, etc.).
3. A pilot will be eligible to use this policy from any destination in North America, as long as the requirements of the Commuter Policy are met. The policy will apply to flights from other destinations, provided he selects 2 flights as provided in paragraph 4.d.(2), below.
4. Commuter Policy Procedures
a. This policy covers a pilot who is:
(1) a regular pilot (blockholder) traveling to a flight assignment,
(2) a reserve as provided in paragraph K.8., below,
(3) an instructor pilot traveling to a training event, or
(4) a pilot traveling to a training event, provided he selects 2 flights as provided in paragraph 4.d.(2), below.
b. Documentation
(1) Upon request, pilots will be responsible for providing relevant documentation to the Company to establish their compliance with this policy. For example, documentation such as available seat information from a pass travel website or seat map information from an airline reservation website will be sufficient.
(2) A pilot commuting by means of transportation other than air must provide reasonable evidence of the reason for failure to report.
c. For the purpose of this paragraph K., a "flight refers to a single leg or multiple legs used by a pilot to travel to his duty location. For a multiple leg commute, each leg is subject to the available seating requirements in paragraph d., below, and must have reasonable connection times.
Section 26 General 26-9 d. A pilot commuting by air must choose one of the following:
(1) One flight to the airport at which his assignment originates with a seat available for sale to the public or an available jumpseat not more than 36 hours but not less than 24 hours in advance of the scheduled departure time for the flight he expects to use to commute to work (his "commuting flight).
(2) Two flights to the airport at which his assignment originates with a seat available for sale to the public or an available jumpseat within 36 hours in advance of the scheduled departure time for the flight he expects to use to commute to work (his "commuting flight).
e. The commuting flight must be scheduled to arrive at least 15 minutes before his assigned report time or beginning of his Reserve Availability Period ("RAP). However, if customs clearance is required the flight must be scheduled to arrive at least 60 minutes before the pilot's assigned report time or beginning of his RAP.
f. A commuting pilot must comply with each carrier's pass travel and/or jumpseat policy.
g. f a pilot anticipates he will not arrive at his domicile in sufficient time to report for his assignment, he will notify crew scheduling as soon as possible. The pilot must specifically inform the crew scheduler that he is invoking the commuter policy. The pilot will coordinate his return to duty with crew scheduling as provided in paragraph 6., below. The pilot will inform crew scheduling of material changes to his ETA at the assignment location.
5. Effect of Commuting Failure
a. A pilot who has complied with these procedures but is unable to report for his flight assignment at report time (regular pilot), or to position himself to begin his RAP (reserve pilot), will not be subject to any discipline or occurrence as a result of his inability to report or begin his RAP on time.
b. Flight Selection Requirements
A pilot will have the option of selecting 1 flight or 2 flights for his commute. All such flights must meet the requirements of paragraph K.4., above. Section 26 General 26-10
(1) A pilot has the option to select 1 flight to commute, however he will only be eligible to avoid discipline due to commuting failure 3 times in a rolling 12 month period using the 1 flight rule. Such pilot will still be eligible to select 2 flights as provided in paragraph b.(2)., below.
(2) f a pilot selects 2 flights for his commute, there will be no limit on the number of times he can invoke the commuter policy to avoid discipline.
c. The Company will not count a pilot's use of the Commuting Pilot Policy toward the maximum usage limits contained in paragraph 5.b.(1)., above, whenever such use occurs during the time a waiver, in accordance with Section 25.XX, is in effect.
6. Reassignment
a. f a pilot is unable to arrive in time for his trip, he will notify Crew Scheduling as soon as practical, and state whether he is able to report to his domicile. Crew Scheduling may deadhead the pilot from his current location without pay or credit to rejoin his scheduled or rescheduled trip.
b. f the pilot is able to report to his domicile, Crew Scheduling may:
(1) deadhead the commuting pilot, without pay or credit, to join his trip,
(2) place the commuting pilot on his trip when it transits his domicile,
(3) reschedule the commuting pilot for another trip, in accordance with Section 25.XX.
c. f Crew Scheduling is unable to reassign a regular pilot under paragraphs 6.b.(1)-(3), above, such pilot may, by mutual agreement between the pilot and Crew Scheduling, be placed on short call reserve, as provided in Section 25.XX.
d. A reserve pilot will be placed on short-call reserve for the remainder of his original reserve period(s) when he reaches his domicile.
Section 26 General 26-11 7. Compensation
a. Regular Pilot
(1) A pilot who complies with this policy but does not report for his assignment on time will not receive any pay or credit for any flight assignment missed and will have his minimum monthly guarantee adjusted in accordance with Section 4, as applicable. The missed portion of the assignment will be treated as a voluntary schedule change. n such case the minimum-day credit will not be paid on that day.
(2) A pilot will be eligible for pay and credit only for any portion of his flight assignment that he actually flies or for which he is rescheduled (not including any deadhead to join his originally scheduled or rescheduled trip) after he has reported for duty following his commuting failure.
(3) A regular pilot who is placed on reserve as provided in paragraph 6.c., above, will be paid the greater of the value of a reserve day for each day he is on call or the value of any flight assignments he receives.
b. Reserve Pilot
f crew scheduling releases the reserve pilot, the reserve pilot's minimum monthly guarantee will be adjusted in accordance with Section 4, to reflect that the reserve pilot was not available for reserve for that RAP. f crew scheduling does not release the reserve pilot, his minimum monthly guarantee will not be adjusted.
8. Applicability to Reserve Pilots
a. A short-call reserve pilot can use this policy while attempting to position himself in advance of his RAP.
b. A long-call reserve pilot can use this policy while attempting to position himself in advance of an assignment if he meets the requirements of the policy. Otherwise, the long-call reserve pilot can use this policy while attempting to position himself in advance of his RAP.
Section 26 General 26-12 9. The Company may refer pilots who use the Commuter Pilot Policy more than 3 times in 6 months to the Association's Professional Standards Committee.
10. f perceived problems continue to persist, a Commuter Review Board, consisting of an equal number of representatives of the Association and the Company will determine the pilot's future eligibility.
L. Crew Lounge Requirements
1. The Company will provide clean, non-public, crew lounges, with reasonable amenities where a pilot is domiciled.
2. Crew lounges will be supplied with an adequate number of recliners and sofas as well as storage facilities for crew bags.
3. f practical, each crew lounge will have a quiet area.
4. Association Crew Lounge Communications
a. The Company will provide suitable space in or near the crew room at each domicile for the use of the Association in communicating with pilots concerning Association business.
b. The Company agrees to provide space in the crew lounges at each of its domiciles for the placement (at Association expense) of a glass-enclosed, secured Association bulletin board. Such location will have, free of charge, a power outlet and high-speed internet access. Such board will be used for the purpose of posting matters related to Association meetings and other Association matters. No notice posted on such board will contain derogatory or inflammatory material with respect to the Company, its employees, or the Association and its members and employees.
c. The Association will be permitted to post a reasonable amount of communications on glass or glass-like surfaces in the crew lounge.
d. All Company-controlled computers will have access to all reasonable Association related web sites with full web site functionality. Such list of web sites will be provided by the Association periodically.
M. Computers, Printers, and Equipment
Section 26 General 26-13 1. The Company will maintain and provide an adequate number of computers, printers, and paper in each domicile.
2. The company will provide wireless internet access free of charge in all crew lounges. The Company may only place reasonable content restrictions on such internet access.
3. f the company implements electronic flight bags, they will do so at no expense to the pilots.
4. Pilots will not be required to pay for the use of any equipment required for training or equipment used in scheduled operations (e.g., maps, en route charts, approach plates, Coast and Geodetic Manuals, etc.), except for replacements necessary due to loss or negligence by the pilot. Contents of the Jeppesen Manual will belong to and be maintained by individual pilots. The cost of such manuals will be borne by the Company. The covers of manuals provided by the Company will remain the property of the Company.
N. The Company will continue to provide headsets for use by pilots. Prior to changing its current policy regarding supplying headsets in aircraft, the Company will meet and confer with the MEC Chair, or his designee, to discuss and receive recommendations about any changes.
O. The Company will supply all required D cards at no cost to the pilot. Additionally, SDA badges will be provided at no cost to the pilot for their own domicile, if required. The replacement cost for lost D cards or SDA badges will be the responsibility of the pilot. The Company may approve requests for Out-of-Domicile SDA badges as permitted by the airport authority, at pilot cost.
P. Roster of Pilots' Earnings
Prior to March 31 of each year, the Association will submit to the Vice President Flight Operations a request for the Company to furnish the roster of pilots' earnings, and the Company will upon such request furnish the Association with a roster of pilots' earnings for the previous calendar year. The names listed on the roster will be limited to those pilots who received earnings under the provisions of this Agreement during such previous calendar year unless a pilot provides the Company with a written request not to be so listed. The earnings listed on the roster for each such pilot will be the earnings reported on his W-2 form for Federal income tax purposes.
Q. Notification of Whereabouts
Section 26 General 26-14 No pilot will be required to notify the Company of his whereabouts when he is free of all duty, except he will provide a telephone number to Crew Scheduling where he may be contacted if he is on a layover away from domicile in other than Company-provided lodging.
R. Pilot duties
Required pilot duties will not include such duties as loading baggage or passengers, fueling aircraft, ticketing or maintenance. However, this provision will not be interpreted to mean that the pilots will not provide reasonable assistance to maintenance personnel, consistent with their training and certification as pilots.
S. The Association may address concerns with implementation and compliance with Company policies as provided in Letter 1 Operational Practices Review.
T. Association Access
1. The Company will give the MEC Chairman reasonable notice of scheduled new hire classes. Upon request, the Company will allow an Association-designated representative up to 4 hours on 1 afternoon to address new hire pilots during initial training. Arrangements for such meetings will be made by the Training Department and the Association representative. The Training Department will notify the new hire class of the time and date of the meeting. A representative of the Company will be permitted to attend such meetings. The purpose of such meetings will be to introduce the new hire pilots to the Association and its officers and to collect membership applications and dues check-off forms. The Association representative will not make derogatory or inflammatory remarks about the Company during such meetings.
2. The Company will allow an Association-designated representative time to address CQE pilots either before class, after class, or during lunch.
3. The Association will be permitted to distribute materials related to Association business via Company email. Such materials will not contain derogatory or inflammatory material with respect to the Company or its employees or the Association and its members and employees. The Association will provide the Company with a copy of materials it intends to distribute to pilots 24 hours prior to distribution. Should the Company object to the content of the material on the above-cited basis, it will immediately notify the Association, and the Association will not distribute the material. Section 26 General 26-15
4. f a pilot elects to "opt-in, the Company will provide address/phone number changes to the Association.
U. Electronic Processes
1. The Company will consult with the MEC Chairman, or his designee, in the event of a failure of an electronic process prescribed in this Agreement before implementing an alternate means of accomplishing that process. This requirement to consult will not prevent the Company from implementing an alternate means of accomplishing such process(es) to meet timelines prescribed in this Agreement or to avoid disruption or unnecessary expense to the Company's operation.
2. When the Company is required in this Agreement to post or publish any material, such posting or publishing may be done electronically. f such posting or publishing was previously accomplished by non- electronic means, the Company will provide at least 30 days' notice to the Association of its intent to transition such material to electronic form. During this 30-day period, the parties will meet upon request to discuss and attempt to resolve issues associated with the change from non-electronic posting and/or publishing to electronic means. f the electronic posting or publishing implemented by the Company is in lieu of a specific contractual requirement for the use of non-electronic means, the Association may invoke paragraphs U.4.b.-g., below, to have a review of such electronic process.
3. The Company may implement and use electronic processes whenever it deems necessary or desirable, including the substitution of electronic processes for processes that have theretofore been accomplished by other means. However, before making a transition to an electronic process(es), the Company will provide at least a 30-day notice to the Association of its intent to transition such process(es) from non-electronic to electronic.
4. Resolution of Disputes
a. f the Company desires to implement an electronic process in lieu of a specific contractual requirement for the use of non- electronic means, it may do so only after providing at least a 30-day notice to the Association of its intent to transition such process(es) from non-electronic to electronic. n addition, the Company will continue the non-electronic process concurrently with the electronic process for at least 60 days. f the Association reasonably determines that such change requires additional time, it may notify the Company in writing at least 14 Section 26 General 26-16 days before the expiration of the original 60-day period that it will require the Company to continue the non-electronic process concurrently with the electronic process for up to an additional 60 days (total of 120 days). During the period of concurrent operation, the parties will meet upon request to discuss and attempt to resolve issues associated with the change from non- electronic to electronic means.
b. f after the period of concurrent operation has run, the Association contends that the substituted electronic means of accomplishing the required non-electronic item is not a reasonable substitute, the Association may require that the issue be arbitrated.
c. The parties will mutually agree upon the selection of an arbitrator. f mutual agreement is not possible, the arbitrator will be selected from the list of arbitrators contained in Section 21.XX by alternately striking names until 1 remains. The parties will determine the order of striking by the toss of a coin. The winner of the coin toss will have the choice of striking first or second.
d. The arbitration will be held at the earliest possible date consistent with the arbitrator's schedule and the parties' schedules. n coordination with the arbitrator's and the parties' schedules, the parties will set a time and date for a hearing, which will not be more than 90 days after such request for a hearing, unless mutually agreed otherwise. Fees and expenses of the arbitrator, as well as costs of the hearing room and the stenographic report, will be shared equally by the parties. Otherwise, the parties will bear their respective costs and expenses.
e. At the discretion of each party, closing arguments may be made in lieu of post-hearing briefs. The arbitrator's decision will be issued no later than 21 days following the close of the record and the submission of any brief desired by any party. The arbitrator's decision will be final and binding.
f. The arbitrator's decision will be limited to a determination of (1) whether a non-electronic means is required by the Agreement; and (2) whether the electronic means substituted for the required non-electronic means reasonably meets the objective, albeit through electronic means, of the contractual requirement. As a remedy, the arbitrator is limited to requiring the Company to resume, if it has stopped, the non-electronic means. Section 26 General 26-17
g. Upon either party's request, the arbitrator will retain jurisdiction to determine whether the original issue arbitrated has subsequently been adjusted so that the electronic means complies with paragraph U.4.f., above, in which case the arbitrator will modify his award to permit the electronic means. However, if an arbitrator has determined that the electronic means complies with paragraph U.4.f., above, there will be no retention of jurisdiction.
5. The Company will post an information page for each pilot on the Company website. The information page will contain current data and will be updated to reflect contractual limitations, to include, but not limited to:
a. Dates of sick leave usage (excused and unexcused) b. Number and dates of assigned ready reserve in a month c. Number and dates of commuter clause uses in a rolling 12 month period d. Number and dates of extensions each month/year e. Number and dates of junior assignments in a year f. Number and dates of DAT days used in the year g. Dates of Coma use h. Date medical is next due i. Others to be added at the conclusion of JBCA
V. Upon the death of a pilot, any pay and benefits due and owing, including all accrued vacation, will be paid to the pilot's designated beneficiary or estate. The Company will continue to provide medical benefits to the pilot's family until the last day of the month following the month in which death occurred. The pilot's family will be entitled to passes in accordance with the Company and legacy carrier policies and interline agreements.
W. Jumpseat:
1. When it is not required to have the cockpit jumpseat occupied for Company purposes, (e.g., FAA flight checks, cockpit familiarization, or the use by a charter customer), the Captain will have the authority to allow a pilot of the Company, or another company with whom the Company has a reciprocal jumpseat agreement, to occupy the cockpit or Flight Attendant jumpseat, subject to applicable law and governmental regulations.
2. All unoccupied cabin seats will be considered jumpseats, subject to major partner agreements.
Section 26 General 26-18 3. The Company will not charge a pilot employed by the Company for occupying the jumpseat.
4. A pilot listed for the cockpit jumpseat on a Company-operated aircraft will have priority over all other personnel, to include a pilot on jumpseat operating experience (OE). This does not include Company or FAA personnel providing required training/checking to the flight crew.
5. Detailed jumpseat priorities, policies and procedures will be outlined in the Flight Operations Manual. The Company will consult with the Association when setting or changing priorities or procedures.
X. Savings Clause
Should any provision of this Agreement be rendered invalid by reason of any legislation or other act of any government agency, or declared illegal by any court of competent jurisdiction, such provision will immediately become null and void, leaving the remainder of the Agreement in full force and effect.
1. The Company and the Association will meet and confer to resolve any disputes resulting from a provision becoming null and void and will strive to achieve an agreement within 30 days.
2. n the event the Company and the Association are unable to come to an agreement within 30 days, an expedited arbitration will be used to resolve any remaining issues using the procedures listed in paragraphs U.4.c.- e., above.
Y. Passes
1. An active pilot, the pilot's spouse, parents and eligible dependent children and the immediate family of deceased pilots will be granted passes on Company aircraft and nonrevenue or reduced rate travel on other airlines on the same basis as other non-management employees and in accordance with Company and legacy carrier policies and interline agreements.
2. Retirement Passes
A retired pilot, his spouse, parents and eligible dependent children will be granted passes on the same basis as other retired employees in accordance with Company policies, legacy carrier policies, and interline agreements.
Z. New Terminology Section 26 General 26-19
The terminology and definitions used in this Agreement will be consistent with the Company operations and administration of this Agreement and will reflect the true intent and understanding of the parties. The Company will not develop or utilize new terminology, classifications, system functions for bidding software, administrative procedures and functions, terms or conditions other than required in this Agreement unless mutually agreed to in writing.
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27-1
27. NSURANCE
A. General
1. The Company will offer group medical, dental, vision, life, supplemental life, accidental death and dismemberment (AD&D), short-term disability (STD), and long-term disability (LTD) insurance plans.
2. Eligibility
a. A Pilot will be eligible the first of the month after 30 days following his date of hire.
b. A Pilot returning to service will be eligible on the first of the month following his first day of work.
3. f any improvements or additions to current policies are offered to other employee groups within the Company, the same improvements or additions will be offered to the Pilots.
4. Premium increases for Pilots will be no greater than the amount of increases applicable to other Company employees.
5. Employee Contributions
A pilot will not be required to contribute more than the following percentage of the cost for coverage under the Group Medical Plan and/or Group Dental Plan based on their legacy pilot group. A pilot hired after the Date of Signing of the Agreement will be included with the Legacy ASA group.
2015 2016+ Legacy XJT 27.5% 30% Legacy ASA 30%
6. A pilot's contribution to insurance premiums will be paid through payroll deduction.
Section 27 nsurance 27-2 7. A pilot will be allowed to use accrued sick leave and OJ to supplement workers compensation in the amount necessary to ensure that his minimum monthly guarantee is not reduced.
8. nsurance made available by the Company will not contain an exclusion of benefits for acts of war, terrorism, or organized criminal activity encountered by a Pilot while in the scope of his employment, both within the boundaries of the United States and abroad.
9. nternational Travel
f a pilot becomes ill or is injured while outside of the United States on Company business, the Company will:
a. use its best efforts to provide transportation back to the United States as soon as medically feasible.
b. cover all medical costs not covered by his medical insurance or workers compensation, whether the pilot is on or off duty. f insurance is not accepted, the Company will pay any and all charges for medical care/prescriptions to enable the Pilot's discharge and transportation back to the United States. The pilot will file an insurance claim upon his return to the United States within one month of returning to duty. The pilot will only be responsible for reimbursement to the Company for his deductible and for usual and customary charges.
B. Medical nsurance
10. The Company will offer, at a minimum, group medical insurance plans in accordance with this paragraph [B.] for Pilots, their spouse/domestic partner, and eligible dependents.
11. The Company will offer a Medical and Dependent Care Flexible Spending Accounts (FSA) and HealthSavings Account (HSA). A pilot may make pre-tax contributions through payroll deduction up to the maximum allowable by law.
12. There will be no lifetime maximum for medical insurance plans.
13. Design for the 2015 plan year will be as provided by the "2015 column in paragraph [B.6.], below.
14. Beginning with the 2016 plan year, and for the duration of the agreement, Medical nsurance plan design may be adjusted by the Section 27 nsurance 27-3 Company in coordination with the nsurance Committee. n each year, the Company and nsurance Committee shall work to keep plan design costs as close to those provided in the 2015 column of the Plan Design Table (PDT) located in paragraph B.6., which shall not exceed the amount provided in the "Maximum column in the PDT, or the terms of this Section. Additionally, the Company and the nsurance Committee may implement other mutually agreed upon plan design changes not addressed in the PDT or education campaigns designed to reduce plan costs (e.g., wellness programs, preventative care education). For each plan, design changes will not reduce the Company's premium per pilot below levels in effect on the Date of Signing of the Agreement, adjusted for inflation.
15. Plan Design Table
2015 Maximum PPO $300 Deductible Coinsurance Max OOP* Rx
$300/$900 80/20 $3,400/$6,800 $100 per script max
$600/$1,800 70/30 $4,000/$8,000 $150 per script max PPO $1,500 Deductible Coinsurance Max OOP* Rx
$1,500/$4,500 80/20 $4,000/$8,000 $100 per script max
$2,000/$6,000 70/30 $5,000/$10,000 $150 per script max CDHP Basic Deductible Coinsurance Max OOP* Rx
$1,300/$2,600 80/20 $3,200/$6,400 $150 per script max
Federal HDHP min 70/30 x Federal HDHP max $150 per script max CDHP VaIue Deductible Coinsurance Max OOP* Rx
$2,500/$5,000 80/20 $5,000/$10,000 $150 per script max
2 x Federal HDHP min 70/30 Federal HDHP max $150 per script max
* Max OOP includes deductibles, coinsurance, copayments, and any other eligible expenditures required of the covered individual under the plan.
C. Dental nsurance
The Company will offer, at a minimum, the present (or comparable) Legacy ASA group dental insurance plan for Pilots, their spouse/domestic partner, and eligible dependents.
D. Vision Care Plan Section 27 nsurance 27-4 The Company will offer, at a minimum, the Legacy ASA vision care plan for Pilots, their spouse/domestic partner, and eligible dependents. The vision care plan will be 100% employee paid. E. Life nsurance 1. The Company will provide, at no cost to the pilot, a basic life insurance plan for each pilot and his eligible spouse/domestic partner and dependent children with the following benefits: a. One times the pilot's annual pay (calculated using 85.5 hours per month) for a pilot; b. $5,000 for a spouse/domestic partner; c. $1,500 for dependent children. 2. The Company will offer a supplemental group life insurance plan for the Pilot, his spouse/domestic partner, and dependent children. The amounts available on a voluntary basis will range from $20,000 to $500,000 in increments of $10,000. Supplementary life insurance will be 100% Pilot paid. F. Accidental Death and Dismemberment (AD&D) nsurance 1. The Company will provide, at no cost to the Pilot, an accidental death and dismemberment (AD&D) insurance plan that includes spouse/domestic partner and dependent children with the following death benefit amounts: a. One times the pilot's annual pay (calculated using 85.5 hours per month) for a pilot; b. $5,000 for a spouse/domestic partner; c. $1,500 for dependent children. 2. The Company will offer an supplemental AD&D insurance plan up to $500,000 that includes the Pilot, spouse/domestic partner, and dependent children. Supplemental AD&D will be 100% Pilot paid. G. Short Term Disability (STD) 1. The Company will offer, at a minimum, a STD plan with the following terms: a. Pilot choice of a plan with a 7 day or 30 day elimination period b. Maximum benefit duration 120 days Section 27 nsurance 27-5 c. Benefit of 60% of average weekly pay (calculated using the greater of average 12-month look-back or MMG)
2. STD will be 100% employee paid.
3. For purposes of this paragraph [G.], disability is defined as the inability to exercise the privileges of a FAA medical certificate.
H. Long Term Disability (LTD)
1. The Company will provide, at a minimum, an LTD plan with the following terms:
a. 120 day elimination period b. 3 years own-occupation coverage c. Age 65 any-occupation coverage d. Benefit of 60% of salary (calculated using the greater of 12- month look-back or MMG) e. $7,500 maximum monthly benefit f. No offset for privately available or commercial insurance products
2. Except as provided by paragraph [H.5.], below, LTD will be 100% Company paid.
3. For purposes of this paragraph [H.], disability is defined as the inability to exercise the privileges of a FAA medical certificate.
4. A new hire pilot will be automatically enrolled in the Company's LTD plan without application, evidence of insurability, or medical history disclosure. The Pilot will be allowed to cancel this insurance at any time.
5. The plan will include an option for an extension of own-occupation coverage to 5 years and a reduction of the elimination period to 90 days at pilot expense.
6. LTD premiums paid by each pilot will be paid on an after-tax basis and the premiums paid by the Company on behalf of each pilot will be imputed as income. LTD benefits paid from the plan to disabled pilots will not be subject to income tax.
7. The Company will solely continue to fund the ExpressJet Airlines nc. Long Term Disability Program for Pilots (Predecessor LTD Plan) under generally acceptable actuarial principles such that the required Section 27 nsurance 27-6 payments shall continue to be made to disabled pilots under the terms of the Predecessor LTD Plan.
. The Company will provide a substance abuse treatment program to facilitate a Pilot's FAA re-certification in accordance with Section 15.F. for the duration of the agreement.
J. nsurance Committee
1. A joint Company and Association committee will be formed for the purpose of determining the issues pertaining to insurance. The Company and the Association will each appoint two representatives to the committee, as they deem appropriate.
2. The Company and the Association will meet no later than September 15th of each year to address any proposed changes to the Company's benefits program, or increases or decreases to the cost of the plans.
3. The committee will also meet at least 30 days prior to making any proposed changes in the Company's benefit program and at other times upon request of either party.
4. The Company will, upon request, provide the Association with a copy(s) of any Company offered or provided insurance plan/policy in effect pertaining to Pilots.
28-1
28. RETREMENT
A. 401(k) Savings Plan
1. A pilot may participate in the Company's 401(k) Plan subject to the terms and conditions of the Plan and RS limitations.
2. The Company's 401(k) Plan will not be discontinued during the term of this Agreement.
3. The Company will match the pilot's contributions each paycheck as follows:
Completed years of active service Company match <5 100% up to 2% 5<10 100% up to 5% 10+ 100% up to 6%
4. A pilot will be vested in the Company's contributions to the plan based on his length of active service with the Company as follows:
Completed years of active service Vesting 2 20% 3 40% 4 60% 5 100%
5. A new hire pilot will be automatically enrolled in the Company's 401(k) plan on his date of hire at a rate of 4%. The automatic 4% contribution will default to a Qualified Default nvestment Alternative until changed by the pilot.
6. A pilot will be permitted to contribute up to the maximum allowed by applicable law.
7. Non-Discrimination Tests
Commencing in the calendar year following Date of Singing, active pilots will be tested separately from all other labor groups, represented or not represented, and management for RS required non- discrimination testing. The determination of whether a pilot is considered highly compensated will change in accordance with RS regulations.
Section 28 Retirement 28-2 8. A true-up will be required in the event a pilot reaches the RS maximum employee salary deferral limit prior to the end of the calendar year and thereby does not receive the maximum Company matching contribution for the year. The RS deferral limit requires the pilot to stop making pilot 401(k) contributions, however, does allow the pilot the opportunity to receive Company contributions ("true-up) for the remainder of the calendar year as if the pilot had ratably contributed up to the RS maximum deferred limit throughout the calendar year. All appropriate true-up Company contributions will be made to the Plan within 60 days of the end of the applicable calendar year.
9. n addition to the Company match set forth in paragraph A.3. above, the Company may, at its discretion, also make an additional matching contribution of an amount it designates of up to 2.5% of ExpressJet's net income for the year. f the Company is profitable and elects to make an additional matching contribution pursuant to this paragraph, all pilots participating in the 401(k) Savings Plan, and who are active at the time of the distribution of the additional matching contribution, will receive a portion of the approved discretionary contribution. The allocation will be based on an individual participant's 401(k) contributions for that year, as a percentage of the total 401(k) contributions of all ExpressJet 401(k) Plan participants in that same year.
B. Additional Defined Contribution to the 401(k) Savings Plan
1. Legacy ExpressJet pilots will receive the Company's additional defined contribution to the 401(k) Savings Plan subject to the terms and conditions of the Plan and as provided by this paragraph B.
2. The Company will make quarterly contributions to each pilot's account in the 401(k) Savings Plan based on the pilot's defined contribution percentage in effect on December 31, 2013 as follows:
3. Earnings after December 31, 2016 will not be eligible for the additional defined contribution to the 401(k) Savings Plan.
Section 28 Retirement 28-3 4. A pilot will be vested in the Company's additional defined contributions to the 401(k) Savings Plan based on his length of active service with the Company as follows:
Completed years of active service Vesting 2 20% 3 40% 4 60% 5 100%
C. General
1. The pilot 401(k) plan or sub-plan will be monitored by a Joint Retirement Committee, as structured in paragraph D., below.
2. Plan Administrator
a. Within 24 months following the date of signing of the Agreement, the pilot 401(k) plan will be transferred to a single administrator selected from one of the following providers: Charles Schwab & Co., nc., the Vanguard Group, nc., T. Rowe Price nvestment Services, nc., JPMorgan Chase & Co, Fidelity Brokerage Services, LLC., Merrill Lynch, or Wells Fargo. An administrator not included in this paragraph may be used by mutual agreement.
b. The Company will meet and confer with the Association in the plan administrator selection process.
c. The 401(k) administrator selected as provided by paragraph [2.a.], above, may not be changed to an administrator not listed in paragraph [2.a.], above, without the approval of the Association for the first 48 months of the Agreement.
3. The number and type of investment options in the 401(k) plan will not decrease or change substantially in type from those existing upon selection of a single Plan, and such options will remain available for the duration of the agreement unless such fund(s) should no longer be available from the plan provider.
4. The pilot 401(k) plan will contain an option for a Roth 401(k), subject to the terms and conditions of the Plan and applicable laws.
5. Brokerage Account
Section 28 Retirement 28-4 a. The Company will offer within the 401(k) plan, a brokerage account link . that will allow a pilot to invest in individual stocks listed on major exchanges, mutual funds, exchange-traded funds ("ETFs), options (limited to covered calls and protective puts), and taxable bonds. 401(k) contributions and company matching contributions will be eligible to be invested in the brokerage link. The Company and the Association will establish and maintain the link with the following investment restrictions:
(1) A pilot may invest his 401(k) assets in the brokerage account link up to 75% of his 401(k) balance.
(2) A pilot will not be permitted to invest in SkyWest, nc. stock in the 401(k) brokerage link; however, a pilot will be permitted to invest in SkyWest, nc. stock in the 401(k) core investment options.
b. A pilot will not be permitted to invest in annuities, collectibles, commodities, currencies, futures, life insurance policies, margin trading, non-exchange traded limited partnerships, options, penny stocks, physical assets (e.g. art, real estate), precious metals, short sales, stocks traded on foreign exchanges, and tax-exempt securities (municipal bonds, and funds).
c. A pilot will be required to sign waivers, relieving the Company and the Association of all liability associated with participating in the brokerage link.
d. A pilot investing in the brokerage account will pay all applicable brokerage fees and trading expenses related to the brokerage option. Annual account fees and charges per trade will be reasonably priced within the industry.
6. The Company's match of a pilot's contribution will be deposited in the pilots 401(k) account each paycheck, subject to Department of Labor timeliness rules.
7. The 401(k) plan will allow a pilot to borrow from the fund, using it as collateral, subject to the terms and conditions of the Plan.
D. Joint Retirement Committee
1. A joint Company and Association committee will be formed for the purpose of determining the issues pertaining to retirement plans. The Company and the Association will each appoint 2 representatives to the Committee, as they deem appropriate. Section 28 Retirement 28-5
2. The Committee will meet twice annually, and at other times upon request of either party.
3. The Company will, upon request, provide the Association with copies of all non-proprietary documents pertaining to the 401(k) plan including, but not limited to, the annual audit report Form 5500 (with all schedules) and amendments, de-identified participation data, and non-discrimination testing results, and any related documents.
28-6 THS PAGE NTENTONALLY LEFT BLANK
29-1
29. AGENCY SHOP AND DUES CHECK-OFF
A. Condition of Employment
1. Each pilot who is covered by this Agreement who fails to voluntarily acquire and maintain membership in the Association, will be required, as a condition of continued employment, beginning 60 days after the effective date of this Agreement or upon the completion of his probationary period, whichever is later, to pay to the Association each month a service charge as a contribution for the administration of this Agreement and the representation of such employee. The service charge will be an amount equal to the Association's initiation fees (where applicable), regular dues and periodic assessments, including both assessments by the Association and the ASA MEC. n calculation of each non-member's monthly obligation, the Association will allocate and adjust charges in the same manner it followed with respect to its members.
2. The provisions of this Section will not apply to any pilot covered by this Agreement to whom membership in the Association is not available upon the same terms and conditions as are applicable to any other pilot, or to whom membership in the Association was denied or terminated for any reason other than the failure of the pilot to pay an initiation (or reinstatement) fee, dues and assessments uniformly required.
3. Geographic Address on File
t will be the duty of every pilot covered by this Agreement to notify the Association's Membership Services Department of every change in his home address or of an address where correspondence can be sent and received by the pilot if the pilot's home address is at any time unacceptable for this purpose.
4. Electronic Address on File
A pilot covered by this Agreement may notify the Association's Membership Services Department of his electronic mail address (e- mail address) or of an electronic mail address where electronic correspondence can be sent and received by the pilot.
5. Telephone Number on File
Section 29 Agency Shop and Dues Check-Off 29-2 A pilot covered by this Agreement may notify the Association's Membership Services Department of his contact telephone number or of a contact telephone number where voice messages can be received by the pilot.
B. Delinquency
1. Notice
Any notices required under Section 29 will be deemed to be received by the pilot, whether or not it is personally received by him, on the fifth day after its postmark date of mailing, or when mailed by the Association by certified mail, return receipt requested, on the actual or attempted date of delivery to the pilot's last known address which has been designated by the pilot.
2. Delinquent Payment
f a pilot becomes delinquent in the payments of his membership dues, assessments, initiation fees, or service charge as provided in paragraph A.1., above, the Association will notify such employee by certified mail, return receipt requested, copy to the Vice President, Flight Operations, or his designee, that he is delinquent and is subject to discharge. The notice of delinquency will also notify the pilot to remit the required payment within a period of 15 days or be discharged.
3. Failure to Remit Payment
a. f, upon the expiration of the 15 day period, the pilot still remains delinquent, the Association will notify the Vice President, Flight Operations, or his designee with a copy to the pilot that the pilot has failed to remit payment within the grace period allowed and is therefore to be discharged.
b. Within 5 days of receipt of such notification, the Vice President, Flight Operations, will give the pilot written notification of the immediate termination of his employment as a pilot and removal from flight and pay status.
4. Dispute Procedure
The termination will automatically be held in abeyance for 10 days from the postmark date of mailing of the notification of termination.
5. Status During Review Section 29 Agency Shop and Dues Check-Off 29-3
a. f the pilot submits a request for review under paragraph (b) below, the termination will be further held in abeyance pending the exhaustion of the review process in this Section.
b. Request for Review
A pilot who believes that the provisions of this Section have not been properly interpreted or applied as they pertain to him, may submit a written request for review to the Vice President, Flight Operations, or his designee, (copy to the Vice President Finance/Treasurer of the Association) within 10 days after the postmark of mailing of notification from the Company of his termination of employment as a pilot.
c. Decision
The Vice President, Flight Operations, or his designee, will review the request for review and render a decision in writing with respect thereto not later than 5 days after the receipt of the request for review. The Vice President, Flight Operations, or his designee, will provide the pilot with a written decision, with a copy to Association's Vice President Finance/Treasurer and Director Legal Department. Said decision will be final and binding on all interested parties unless appealed as hereinafter provided.
d. Appeal
f the decision is not satisfactory to either the pilot or the Association's Vice President Finance/Treasurer either may appeal the decision by filing a notice of appeal. Such notice will be sent to the Company, to the other party and to the National Mediation Board within 10 days of the receipt of the decision and must contain a request for the National Mediation Board to provide a list of 5 neutrals.
e. Selection of Neutral and Hearing
(1) A neutral may be agreed upon by the pilot and the Association's Director Legal Department within 10 days after receipt of the list of neutrals. f the parties cannot agree on a neutral, one will be chosen from the panel supplied by the National Mediation Board. The alternate strike method will be used to select a neutral with the pilot initiating the first rejection. Such final Section 29 Agency Shop and Dues Check-Off 29-4 selection of a neutral will be accomplished within 10 days after receipt of the list of neutrals. f the parties have not reached agreement by the alternate strike method with the aforementioned 10 day period, the first name listed on the 5 name panel provided by the National Mediation Board will be designated the neutral.
(2) The hearing before the neutral will be held as soon as possible.
f. Binding Decision
The decision of the neutral will be requested within 30 days after the hearing of the appeal unless otherwise agreed by the pilot and the Association's Director Legal Department and will be final and binding on all parties to the dispute. The fees, charges and other reasonable expenses of such neutral will be paid equally by the pilot and the Association.
6. Discharge for Cause
A pilot discharged by the Company under the provisions of this section will be deemed to have been "discharged for just cause within the meaning of the terms and provisions of this Agreement.
7. ndemnification
The Association agrees to indemnify and hold the Company harmless for any claims of any employees discharged by the Company pursuant to a written order by an authorized Association representative under the terms of this Section.
C. Earnings Reporting
1. The Company will, within 15 days after the close of each calendar month, forward electronically to the ASA MEC Secretary-Treasurer, the Association's Manager and the Association's Membership and Council Services Department a complete file of all pilots on the seniority list. The file will include a monthly earnings report (monthly earnings being the pilots Total Gross Earnings for the month) for each pilot on the seniority list along with the each pilots payroll number, the monthly amount deducted for each payroll deduction code and the respective description of each code and the pilots status including effective dates (status being, but not limited to: active, on leave (ALPA, Medical, Personal, Military etc), furloughed etc). f a pilot is not in an active status, an anticipated date of return is to be listed, if Section 29 Agency Shop and Dues Check-Off 29-5 known (i.e., if a pilot is on furlough their anticipated recall date, personal leave their anticipated return to work date etc).
2. The Company will, within 90 days after the end of each calendar year, forward electronically to the ASA MEC Secretary-Treasurer, the Association's Manager and the Association's Membership and Council Services Department a file of all pilots on the seniority list. The file will include an annual earnings file (annual earnings being the pilots total gross earnings for the year) for each pilot on the seniority list along with the each pilots payroll number, the annual amount deducted for each payroll deduction code and the respective description of each code, pilots status including effective dates (status being, but not limited to: active, on leave (ALPA, Medical, Personal, Military etc), furloughed etc). f a pilot is not in an active status, an anticipated date of return is to be listed, if known (i.e., if a pilot is on furlough their anticipated recall date, personal leave their anticipated return to work date etc).
D. Check-Off Programs
A pilot may elect payroll deductions for the purposes described below by completing the applicable check-off form authorizing such deductions. Any pilot on the pilot seniority list, regardless of position or status within the employ of the company, will be eligible for participation in the check-off programs.
E. Dues Check-Off, Assessment Check-Off, and Service Charge Check-Off, Form
1. During the life of this Agreement, the Company will deduct from the pay of each pilot covered by this Agreement, and remit to the Association, Membership Dues, Assessments and Service Charges uniformly required by the Association, as a condition of acquiring or retaining membership and in accordance with the provisions of the Railway Labor Act, as amended, provided such pilot voluntarily executes the following agreed-upon form. This form, also to be known as "Check-Off Form, will be prepared and furnished by the Association.
2. When a pilot covered by this Agreement properly executes such Check-Off Form, the Vice President of Finance of the Association will forward an original copy to the Company's Payroll Department, Any Check-Off Form that is incomplete or improperly executed will be returned to the Vice President of Finance of the Association. Any notice of revocation as provided for in this Agreement or the Railway Labor Act, as amended, must be in writing, signed by the pilot and Section 29 Agency Shop and Dues Check-Off 29-6 delivered by certified mail, addressed to the Payroll Department with a copy to the Association. Check-Off Forms and notices received by the Payroll Department will be stamp-dated on the date received and will constitute notice to the Company on the date received and not when mailed.
3. When a Check-Off Form, as specified herein, is received by the Payroll Department on or before a given payday, deductions shall begin on the first payday occurring more than 5 business days following the Company's receipt of such Check-Off form(s) and shall be remitted to the designated recipient within 30 days thereafter, and will continue thereafter until revoked or cancelled as provided in the Agreement and Check-Off Form. The Company will remit to the Association via electronic transfer all dues, assessments and services charges collected each month not later than the close of business, 5 business days after the pay period.
4. No deductions of the Association dues will be made from the wages of any pilot who has executed a Check-Off Form and who is on leave without pay for the entire pertinent period. Upon return from such leave, deductions will be automatically resumed provided the pilot has not revoked the assignment in accordance with the provisions stipulated on the Assignment and Check-Off Form(s), and the Railway Labor Act, as amended.
5. A pilot who has executed a Check-Off Form(s) and who resigns or is otherwise terminated from the employ of the Company will be deemed to have automatically revoked his assignment effective upon the pay periods following the conclusion of his receipt of compensation from the Company; if he is re-employed, further deductions of the Association dues will be made only upon execution and receipt of a new Check-Off Form(s).
6. Collections of any back dues owed at the time of starting deductions for any pilot, and collection of dues missed because the pilot's earnings were not sufficient to cover the payment of dues for a particular pay period, will be the responsibility of the Association and will not be the subject of payroll deductions. Section 29 Agency Shop and Dues Check-Off 29-7
ASSIGNMENT AND AUTHORIZATION FOR CHECK-OFF OF DUES, ASSESSMENTS BY THE ASSOCIATION AND MEC, AND SERVICE CHARGES
TO: Atlantic Southeast, nc.
, , hereby authorize and direct Atlantic Southeast, nc., to deduct from my earnings for the first payroll period in each calendar month a sum equal to the current standard membership Association dues (or such standard membership dues as may hereafter be established by the Association), assessments by the Association, assessments by the ASA MEC, and service charges, as are now or may hereafter be established in accordance with the Constitution and By-Laws of the Association and as defined in Section 29 of the Agreement for remittance to the Air Line Pilots Association, nternational. agree that this authorization shall be effective until revoked or until termination of the check off agreement between Atlantic Southeast, nc. and the Association, whichever occurs sooner.
Signature of Pilot _________________________________________________________________
Employee Number ____________________________ ALPA Number ________________________
Home Address ___________________________________________________________________
City ________________ State ________ Zip ___________ Date ____________________________
PLEASE RETURN THIS FORM TO THE ALPA MEMBERSHIP SERVICES DEPARTMENT.
EmaiI: Membership@ALPA.org Fax: 703-464-2115 MaiI: Air Line PiIots Association, Int'I c/o Membership Services Department 535 Herndon Parkway Herndon VA 20170
*ALPA wiII forward this authorization to the AtIantic Southeast, Inc. PayroII Department.
Disclosure Statement Required by Federal Tax Law: Dues, contributions, and gifts to ALPA are not tax deductible as charitable contributions. However, they may be tax deductible as ordinary and necessary business expenses.
29-8 THS PAGE NTENTONALLY LEFT BLANK
30-1
30. PAC CHECK-OFF
A. ALPA Political Action Committee (ALPA-PAC) Check-off
1. The Company will deduct from the pay of each pilot covered by this Agreement, and remit to the Treasurer of the Air Line Pilots Association Political Action Committee (ALPA-PAC) voluntary contributions to ALPA-PAC, provided such employee voluntarily executes the authorization provided for that purpose by ALPA-PAC, herein called "ALPA-PAC Check-off Authorization Card. Each duly- executed ALPA-PAC Check-off Authorization Card will be sent to the Association, and will then be delivered by the Association to the Company's Payroll Department.
2. The amount of such monthly check-off deductions and the transmittal of such voluntary contributions will be as specified in such forms. Deductions authorized by an ALPA-PAC Check-off Authorization Card that will begin, change or terminate will be effective on the first day of the month following receipt of such Check-off Authorization Card. Such deductions for ALPA-PAC contributions will be deducted only if sufficient money remains after all other deductions and withholdings, including monies owed to the Company, standard deductions required by law and union dues check-off, have been made.
TO: AtIantic Southeast Name __________________________________ (PIease Print) Last First MI I hereby authorize and direct AtIantic Southeast ALPA No.__________ EmpIoyee No._________ to deduct the indicated amount Begin Deduction of $___________ Per Month from my gross earnings per month (WhoIe DoIIars) and to remit that amount to the Change Deductions to $_________ Per Month Air Line PiIots Association (WhoIe DoIIars) PoIiticaI Action Committee Terminate Deductions of $_______ Per Month (ALPA-PAC). Signature ______________________________ Date___________________________________
__________________________________________________________________ This authorization is voluntarily made based on my specific understanding that: - the signing of this authorization card and the making of these voluntary contributions are not conditions of membership in the union or of employment by my employer; - Federal law requires us to use our best efforts to collect and report the name, address, occupation, and employer of individuals who contribute more than $200 in a calendar year; - may refuse to contribute without reprisal; - ALPA-PAC, which is connected with the Air Line Pilots Association, nternational may use the money it receives for political purposes including but not limited to making contributions to and expenditures for candidates for federal elected offices; - this authorization shall remain in full force and effect until revoked in writing by me; - contributions to ALPA-PAC are not tax deductible; and - membership in ALPA-PAC clubs is based on total PAC contributions received by ALPA-PAC during a calendar year (Jan. 1 Dec. 31). further certify that am either a United States citizen or a foreign national lawfully admitted to the United States for permanent residence as defined by section 101(a)(20) of the mmigration and Nationality Act (8 U.S.C. 1101(a)(20)). Authorized by Air Line Pilots Association, nternational on behalf of a fundraising effort for Air Line Pilots Association Political Action Committee.
Please mail this form to:
ALPA-PAC 1625 Massachusetts Avenue NW Washington, DC 20036
31-1
31. LNE CHECK PLOTS
H. Hiring
1. The Company will select line check pilots from among pilots on the seniority list.
2. Line check pilots will have a minimum of 1 year of active service and 500 captain hours with the Company.
3. Line check pilot positions will be posted to the entire pilot group.
4. Applicants will undergo a formal interview process.
5. Preferential nterviews
a. LCPs will be offered preferential interviews for P vacancies.
b. Ps will receive preferential interviews for LCP vacancies.
. Resignation
A line check pilot may resign his line check pilot status provided 60 day written notice is submitted to the Director of Aircraft Operations, or his designee. The pilot's line check status will end on the first day of the next month following the end of the 60 day notice.
J. Removal from the Flight Standards Department
1. The Company retains the discretion to determine whether a line check pilot is qualified to remain in the Flight Standards Department. A line check pilot will not be removed from the Flight Standards department without previously being afforded a hearing before the Manager of Flight Standards or his designee.
2. The line check pilot will have the right to be accompanied to the hearing by an authorized employee of the Association and/or the line check pilot employee of his choice, provided the choice is reasonably available.
3. When the Company determines that a line check pilot is not suitable for continued work in the Flight Standards department, it will furnish him with a written statement of the specific reasons for its decision.
Section 31 Line Check Pilots 31-2 4. A line check pilot challenging his removal from the Flight Standards department may utilize the dispute resolution provisions of Part , Section 19, nvestigation and Discipline, and Section 21, System Board of Adjustment.
K. Duties
1. LCP duties will be as listed in the LCP handbook, to include the following.
a. Conduct Operating Experience and supervised line flying. b. Conduct line checks c. Conduct observations d. Conduct FAA-required PC observations (7135/OEO) e. Provide airport familiarization training f. Office-related duties or projects g. Conduct Non-Routine Flight Operations (NRFO)
2. The duties provided in paragraphs a.-f., above, will be performed primarily by Line Check Pilots.
L. Scheduling
1. Except as provided by paragraph 7., below, a line check pilot will bid a line in accordance with Section 25. Training duties will be assigned to a line check pilot in accordance with this section.
2. A LCP may request that he not be assigned training duties for the following month by providing written notification to the Company before the monthly bid award. Unless a LCP so notifies the Company, he will be assumed to be available for training duties.
3. Line Check and OE events will normally be assigned to line check pilots in seniority order with the exception of line check pilots who bid CDO lines.
4. To the extent practicable, new hire OE will be assigned to line check pilots from the domicile that the new hire pilot has been awarded. f all line check pilots assigned to that domicile are unavailable, new hire OE may be assigned to another line check pilot in seniority order of line check pilots available on that day.
5. A line check pilot may waive the hours of service and days off provisions of this Agreement to FAR minimum as provided in Section 12.
Section 31 Line Check Pilots 31-3 6. A line check pilot may by mutual agreement with Training Scheduling be allowed to trade his assigned event with another line check pilot.
a. Notification must be made to Training Scheduling no later than 24 hours prior to the earliest affected trip.
b. As long as the trade does not violate FAR's, the trade will be approved.
7. nternal Bidding
a. A LCP may volunteer for a full month of training duties in lieu of bidding a line.
b. A LCP will not be assigned a full month of training duties more than 4 months per year unless all pilots volunteering for such duty have served at least 4 months.
c. nternal LCPs will be assigned 18 days of training duty per month. Partial months will have days off prorated as provided by the chart in Section 12.E.6. using the 12 days off column.
d. nternal LCPs will be compensated 6 hours per day.
e. When an nternal LCP is not available for the entire month (e.g. vacation, leave of absence) his days off will be prorated in accordance with the Section 12.
M. Compensation
1. A line check pilot will receive an override of $24 for each hour flown at the controls performing the duties of a line check pilot, above his applicable rate in accordance with Section 3. The line check pilot override will only apply to the actual time flown.
2. A line check pilot who is performing line check duties from the jumpseat will be paid and credited 6 hours and is not eligible for the override.
3. f a line check pilot is originally scheduled to perform a line check while occupying the jumpseat, and for operational reasons later displaces a pilot, such line check pilot will receive the 6 hour credit, but not the override pay.
4. A line check pilot who picks up any other instructional duty on an off day will be paid and credited with 6 hours of Add Pay for such event. Section 31 Line Check Pilots 31-4 5. f a LCP is scheduled for an event as provided by paragraph F.2., above, which cancels, and he has reported, he will be pay protected for the 6 hours. The company may reschedule him to other LCP duties on that day.
6. LCP on Reserve
a. The following provisions only apply to a LCP who is unable to be a lineholder as a result of his seniority. They do not apply to a LCP who chooses to bid for reserve.
b. The following provisions do not relieve the requirements of LCP Handbook [XX.XX] (a pilot must be a lineholder to be hired as a LCP)
c. A LCP on reserve may volunteer for events during non- reserve/non-duty periods.
d. f no lineholder LCPs are available to cover a LCP event, it may be assigned to a LCP on reserve.
e. A LCP on reserve will be compensated as follows:
(1) OE on reserve day override as Add Pay (2) OE on day off Credit and Override as Add Pay (3) Event on reserve day 2.25 hours Add Pay (4) Event on day off 6 hours Add Pay
32-1
32. DURATON
****All dates in this section assume a DOS of January 1, 2014. Actual DOS is subject to change. All other dates based on DOS will be adjusted accordingly.****
This Agreement will become effective on January 1, 2014 and continue in full force and effect until December 31, 2018 and shall renew itself without change until each succeeding December 31 thereafter, unless written notice of intended change is served in accordance with Section 6, Title of the Railway Labor Act, as amended, by either party hereto within 31 days prior to December 31, 2017, or any December thereafter.
N WTNESS WHEREOF, the parties hereto have signed this Agreement on this 31st day of December, 2013.
For the Association For the Company
__________________ __________________ Donald L Moak Bradford Holt President President and COO
__________________ __________________ Christopher Grable Charlie Tutt Chairman Vice President XJT MEC Flight Operations
__________________ __________________ David Nieuwenhuis Lisa LaRue Chairman Director ASA MEC Labor Relations
__________________ __________________ Edward Fortaw Gregory Wooley Co-Chairman Director Joint Negotiating Committee Flight Operations Section 32 Duration 32-2
__________________ John Wood Co-Chairman Joint Negotiating Committee
__________________ Timothy J. Bennett Member Joint Negotiating Committee
__________________ Barry W. Lawrence Member Joint Negotiating Committee
__________________ Steven T. Prescott Member Joint Negotiating Committee
__________________ Lonnie D Utley, Jr. Member Joint Negotiating Committee
LOA-1
Reserved for LOA 1 mplementation
LOA 1 mplementation LOA-2
Reserved for LOA 1 mplementation
LOA 1 mplementation LOA-3
Reserved for LOA 1 mplementation
LOA-4 THS PAGE NTENTONALLY LEFT BLANK
LOA-5
LETTER OF AGREEMENT 2 between EXPRESSJET ARLNES, NC. and the AR LNE PLOTS in the service of EXPRESSJET ARLNES, NC. as represented by the AR LNE PLOTS ASSOCATON, NTERNATONAL _________________________________________
Flight Time Duty Time
THS LETTER OF AGREEMENT is made and entered into in accordance with the provisions of the Railway Labor Act, as amended, by and between EXPRESSJET ARLNES, NC. (hereinafter referred to as "the Company) and the air line pilots in the service of the Company, as represented by the Air Line Pilots Association, nternational (hereinafter referred to as "ALPA or "the Association) (hereinafter collectively referred to as the "parties).
This LOA confirms the parties' understanding reached during negotiations regarding implementation of 14 CFR Part 117 - Flight Time Duty Time rules of the Federal Aviation Regulations (Part 117).
The Company and the Association agree as follows:
A. Upon execution of this LOA, the Company and the Association will form a Flight Time Duty Time (FTDT) Committee consisting of pilot and Company representatives. The ASA MEC and XJT MEC will select no more than 2 ASA and 2 XJT individuals to represent the Association and the Company will select no more than 4 individuals.
B. The FTDT Committee will research and test potential changes to Agreement AW Part 117.
C. Changes will be implemented as required by Federal Law or Regulation.
D. The Agreement will not be modified unless or until the parties reach written mutual agreement.
E. The parties will take such measures as are reasonably necessary to protect proprietary information that is disclosed during discussions, including but not limited to non-disclosure agreements.
LOA 2 Flight Time/Duty Time LOA-6 F. The parties agree that Part 117 establishes the minimum FTDT requirements. n the absence of an agreement under this LOA, the parties will make changes required in order to bring the portions of the Agreement which do not meet the requirements of Part 117 into compliance with Part 117.
G. Nothing set forth in this LOA will prevent the Company from complying with Federal Law or Regulation.
This LOA will be effective upon execution and will remain in effect until January 1, 2015 and may be renewed by thereafter by mutual agreement by the parties.
N WTNESS WHEREOF, the parties have signed this Letter of Agreement on the ___ day of _______, 2013.
For the Association For the Company
__________________ __________________ Chris Grable Brad Holt Chairman President & COO XJT MEC ExpressJet Airlines, nc.
__________________ __________________ David Nieuwenhuis Charlie Tutt Chairman Vice President, Flight Operations ASA MEC ExpressJet Airlines, nc.
__________________ John Wood Co-Chairman ASA/XJT Joint Negotiating Committee
__________________ Ed Fortaw Co-Chairman ASA/XJT Joint Negotiating Committee
LOA-7 LETTER OF AGREEMENT 3 between EXPRESSJET ARLNES, NC. and the AR LNE PLOTS in the service of EXPRESSJET ARLNES, NC. as represented by the AR LNE PLOTS ASSOCATON, NTERNATONAL _________________________________________ Flight Operations Quality Assurance Program THS LETTER OF AGREEMENT is made and entered into in accordance with the provisions of the Railway Labor Act, as amended, by and between EXPRESSJET ARLNES, NC. (hereinafter referred to as "the Company) and the air line pilots in the service of the Company, as represented by the Air Line Pilots Association, nternational (hereinafter referred to as "ALPA or "the Association) (hereinafter collectively referred to as the "parties). WHEREAS, the Company and the Association are parties to a collective bargaining agreement setting forth the rates of pay, rules and working conditions for the Company's pilots (Pilot "Collective Bargaining Agreement or "CBA) effective [DOS]; and WHEREAS the parties have met to discuss the implementation of a Flight Operations Quality Assurance (FOQA) program wherein recorded flight data is collected and analyzed; and WHEREAS, the parties intend that the sole purpose of the FOQA program will be to enhance the safety of flight operations; and WHEREAS, Federal Aviation Regulations have been issued concerning FOQA that contain specific protective provisions satisfactory to both the Company and the Association. NOW THEREFORE, it is mutually agreed: R. Definitions FOQA program a program designed pursuant to this LOA to enhance flight safety through controlled analysis of recorded flight data information. LOA 3 FOQA LOA-8 FOQA data information collected by any means for use in the FOQA program. FOQA data will be used solely for the purpose of FOQA analysis.
Identifying data any FOQA data or combination of data that allows collected data to be associated with a specific pilot.
Identified data any collected FOQA data prior to removal of all identifying data.
FOQA program information any and all FOQA data and the analysis or compilation of such data.
FOQA monitoring team will include a minimum of three pilots appointed by the ASA MEC Chairman.
FOQA Gatekeepers ALPA members of the FOQA monitoring team who are empowered to identify and telephonically interview a pilot(s) involved in operational exceedance events. A pilot will not be identified or contacted by persons other than an ALPA FOQA Gatekeeper.
OperationaI exceedance event an event in which an aircraft is operated, as determined by FOQA data, outside of mutually agreed upon tolerances. Operational exceedance events may include, but are not limited to, the events included in Appendix to Appendix A of Advisory Circular 120-82, dated 4/12/04.
S. FOQA Program
1. The design, implementation, and operation of the FOQA program will be by mutual agreement between the Company and the Association. Any variation from the agreed-upon FOQA program will require the mutual agreement of the parties, in writing, 30 days prior to the effective date of any such change.
2. The Company will notify the Association, in writing, not less than 30 days prior to the installation of any device, equipment or system, on any equipment type, which is capable of monitoring pilot performance for purposes of the FOQA program.
3. The FOQA monitoring team will oversee the day-to-day operation of the FOQA program and establish necessary policies and procedures to ensure compliance with this LOA.
4. The design of the FOQA program will ensure the initial confidentiality and ultimate anonymity of individual pilots.
LOA 3 FOQA LOA-9 5. f there is a violation of the requirements of the FOQA program as set forth herein, the ALPA members of the FOQA monitoring team may suspend the FOQA program, pending review by the parties.
6. n the event of termination of the FOQA program or cancellation of this LOA, all identifying data and identified data will be destroyed.
7. The FOQA program will, at a minimum, provide for the monitoring of the parameters set forth in Appendix to Appendix A of Advisory Circular 120-82, dated 4/12/04.
T. Scope
1. Sufficient de-identified data will be maintained to fulfill the requirements of the agreed-upon FOQA program. All de-identified data, and analysis of such data, will be made available to the parties.
2. There will be continual evaluation of exceedance values by the parties. All changes, additions and deletions will require written approval of the parties.
3. Any special studies or evaluations require mutual agreement by the parties.
4. The Association will be promptly notified of a request by any third party for FOQA program information. Appropriate entities may be afforded access to de-identified FOQA program information, provided the parties give prior approval.
5. The FOQA program is a stand-alone safety program, and is not intended to effect any changes to the existing acquisition and use of flight data.
U. Data Retention
1. The Company will remove identifying data from identified data as soon as possible but not later than 14 business days from the date of acquisition of the data.
2. Any employee/agent of either the Company or the Association who has contact with any identified data used in a FOQA program will be prohibited from divulging any identifying data to any individual other than a designated ALPA FOQA Gatekeeper.
V. Data Use
LOA 3 FOQA LOA-10 1. No person other than a designated ALPA FOQA Gatekeeper will be authorized to identify the individual pilot associated with any specific data.
2. The sole contact with any pilot associated with an operational exceedance event will be through a designated ALPA FOQA Gatekeeper.
3. Any notes, memoranda, or other documents used by the designated ALPA FOQA Gatekeepers in any contact with any pilot concerning a specific FOQA event will be considered "identified data" for purposes of this agreement and will be "de-identified" under paragraph D.1., above.
4. FOQA program information shall not be used to substantiate or corroborate information obtained from other sources
5. The FOQA program will be used for evaluating and improving the following areas in any manner not specifically prohibited herein:
a. Aircraft performance b. Aircraft systems c. Pilot performance d. Operational performance e. Company procedures f. Training programs g. Aircraft design h. ATC system operation i. Airport operational issues j. Meteorological issues k. Any other area mutually agreed to by the parties.
W. FOQA program information shall not be used as a basis, in whole or in part, for a discipline/discharge action against a pilot in accordance with Section [26.H.] of the CBA. Moreover, the following provisions apply:
1. FOQA program information shall be considered inadmissible in any informal investigatory meeting, formal grievance hearing, grievance or System Board of Adjustment proceeding.
2. No investigation into alleged pilot misconduct shall be initiated by the Company on the basis of FOQA program information.
X. FOQA Monitoring Team
LOA 3 FOQA LOA-11 The designated ALPA FOQA monitoring team leader will be one of the three ALPA appointed FOQA team members and will be assigned this function by the MEC Chairman.
Y. Flight Pay Loss
1. n addition to the requirements of Section [13.L.], Association Leave will be granted for ALPA FOQA monitoring team members for any mutually agreed to meeting or other mutually agreed to activity involving the FOQA program including but not limited to 'Gatekeeper' duties in accordance with this LOA and the FOQA mplementation and Operational Plan.
2. A pilot on leave as provided in paragraph a, above, will be paid in accordance with Section [3.D.6.] for the day(s) in which FOQA duties are performed.
3. The Association will not be responsible to reimburse the Company for the Association Leave defined herein.
Z. Duration
This LETTER OF AGREEMENT will become effective on the date of signing and will remain in full force and effect concurrent with the Pilot Collective Bargaining Agreement. Notwithstanding the foregoing, either party may cancel this LOA by serving upon the other party written notice of its desire to cancel this LOA. On the 30th day following service of the written notice, this LOA will become null and void and will have no further effect and the FOQA program will cease.
N WTNESS WHEREOF, the parties have signed this Letter of Agreement on the ___ day of _______, 2013.
For the Association For the Company
__________________ __________________ Chris Grable Brad Holt Chairman President & COO XJT MEC ExpressJet Airlines, nc.
__________________ __________________ David Nieuwenhuis Charlie Tutt LOA 3 FOQA LOA-12 Chairman Vice President, Flight Operations ASA MEC ExpressJet Airlines, nc.
__________________ Ed Fortaw Co-Chairman ASA/XJT Joint Negotiating Committee
__________________ John Wood Co-Chairman ASA/XJT Joint Negotiating Committee LOA 1
LOA-13
MEMORANDUM OF UNDERSTANDNG 1 between EXPRESSJET ARLNES and the AR LNE PLOTS in the service of EXPRESSJET ARLNES as represented by the AR LNE PLOTS ASSOCATON, NTERNATONAL _________________________________________
Re: Aviation Safety Action Program Policies and Procedures
THS MEMORANDUM OF UNDERSTANDNG is made and entered into in accordance with the provisions of the Railway Labor Act, as amended, by and between ExpressJet Airlines, nc. (hereinafter referred to as "the Company) and the air line pilots in the service of the Company, as represented by the Air Line Pilots Association, nternational (hereinafter referred to as "ALPA or "the Association) (hereinafter collectively referred to as the "parties).
WHEREAS the Company and the Association are parties to a collective bargaining agreement setting forth the rates of pay, rules and working conditions for the Company's pilots ("Agreement), effective ________ __, 2012, and
WHEREAS THE Aviation Safety Action Program ("ASAP) is the result of an agreement between the Company, the Association and the Federal Aviation Administration ("FAA) based on FAA AC 120-66B and which was codified in a Memorandum of Understanding dated _____ __, 2012, which is not part of the Agreement, and
WHEREAS the Company and the Association share the goal of operating with the highest degree of safety and agree that the ASAP contributes to that goal, and
WHEREAS the Company and the Association desire to clarify and incorporate into the Agreement certain policies and procedures related to the operation of the ASAP.
NOW THEREFORE, it is mutually agreed:
1. The Company and the Association will each select an Event Review Committee ("ERC) member and an alternate ERC member. The alternate ERC member will participate in ERC meetings when the primary ERC member is unable to attend. Such members will attend and complete the LOA 4 ASAP Policies and Procedures LOA-14 ASAP training course (jointly developed or approved by the Company and the Association) prior to acting as an ERC member.
2. No Company personnel other than the ASAP Program Manager and ERC members will have access to ASAP reports that have been filed but not yet accepted into ASAP. The Director Corporate Safety may designate an alternate ASAP Program Manager, in the event the ASAP Program Manager will be unavailable for an extended period of time, to ensure the timely administration of the ASAP. The alternate ASAP Program Manager will be identified to the members and alternate members of the ERC.
3. Following timely submission and prior to acceptance or rejection of an ASAP report, the Company will not require further information from the pilot. Following acceptance of the report into, or rejection from, the ASAP, the Company may require statements and/or interviews of the pilot involved.
Note: This provision does not relieve the pilot of his obligation to provide information to Flight Control and Flight Operations management as described in the FOM, Chapter [__].
4. The Company and the Association recognize that safety, regulatory and business requirements may require that consideration of an ASAP report be expedited. Consideration of such report may be expedited at the request of a member of the ERC. The party requesting expedited handling of the report will contact the ASAP Program Manager who will contact the ERC and request such expedited handling. n a case that has been expedited, the pilot should be prepared to submit a statement to the Company in an expedited manner after the ERC has accepted the ASAP report.
5. ASAP reports will be de-identified so that no person other than the ASAP Program Manager can identify the crewmembers from the ASAP report. Following acceptance of the ASAP report and in the event the ERC determines it requires further information, the ASAP Program Manager may provide the pilot's identity to the ERC.
6. After an ASAP report has been accepted by the ERC, the Company may conduct a review contemporaneous with or subsequent to any ERC investigation. The ERC will give due consideration to the Company's recommendation in determining appropriate corrective action.
7. The Company will abide by the corrective action assigned by the ERC. The Company shall neither assign discipline (e.g., letter of warning, letter of counsel, suspension) nor evaluation events (e.g., proficiency checks, line checks or oral checks) nor assign further corrective action for any pilot involved in an incident who has filed an ASAP report that has been accepted and processed (and not later rejected) by the ERC. ERC corrective action is LOA 4 ASAP Policies and Procedures LOA-15 intended to identify and correct deficiencies by event based corrective action, e.g., event based corrective type training, and is subject to ERC review to meet such requirements.
8. After an ASAP report has been closed by the ERC, it may be used by the Company or the Association for safety purposes.
This MOU will become effective on its date of signing and will remain in effect for the duration of the Agreement or the ASAP Memorandum of Understanding between the Company, the Association and the FAA.
N WTNESS WHEREOF, the parties have signed this Letter of Agreement on the ___ day of _______, 20_.
For the Association For the Company
__________________ __________________ Chris Belcastro Charles Tutt Chairman Vice President, Flight Operations XJT MEC ExpressJet Airlines
__________________ David Nieuwenhuis Chairman ASA MEC
LOA-16 THS PAGE NTENTONALLY LEFT BLANK
LOA-17
LETTER OF AGREEMENT [6] between EXPRESSJET ARLNES, NC. and the AR LNE PLOTS in the service of EXPRESSJET ARLNES, NC. as represented by the AR LNE PLOTS ASSOCATON, NTERNATONAL _________________________________________
Re: Business Opportunities
THS LETTER OF AGREEMENT is made and entered into in accordance with the provisions of the Railway Labor Act, as amended, by and between EXPRESSJET ARLNES, NC. (hereinafter referred to as "the Company) and the air line pilots in the service of the Company, as represented by the Air Line Pilots Association, nternational (hereinafter referred to as "ALPA or "the Association) (hereinafter collectively referred to as the "parties).
The Company and the Association agree as follows:
A. Background
This LOA provides the Association with transparency into management's efforts in securing new business opportunities, typically through the Request for Proposal (RFP) process, which helps provide pilots with additional job security. The parties recognize that for this LOA to work properly, there must be greater openness, inclusion, and confidentiality maintained throughout all meetings.
B. RFP Business Opportunities
Upon the Company's initial feedback from an RFP opportunity that directly involves the crew costs and overall competitiveness of the bid, the Company will notify the Association of the status of such bid and discuss how the Association may help improve the opportunity of securing such RFP work.
1. Each quarter, the Company and the Association shall meet and discuss known RFP or other opportunities in the regional airline industry and what the Company is contemplating and pursuing relative to such opportunities.
LOA 5 Business Opportunities LOA-18 2. Representatives from the Company's senior leadership team will meet with the Association's representatives to provide available information regarding the RFP's and other opportunities at the time as allowed by confidentiality and non-disclosure agreements signed by the Company.
3. nformation Sharing
Either at the initial meeting or a subsequent meeting(s), management shall share with the Association's representatives information pertaining to the crew costs and overall competitiveness necessary to better understand the RFP and the Company's anticipated response, which shall include, but not be limited to the following:
a. Anticipated mainline partner; b. Anticipated aircraft type and seating configuration; c. Anticipated number of aircraft; d. Anticipated domiciles; e. Duration of agreement; f. All current and projected pilot cost data; g. Anticipated performance bonuses and penalties.
C. Non-RFP Business Opportunities
When a business opportunity for flight operations presents itself that is not connected to a RFP, representatives from the Company's senior leadership team shall meet with the Association's representatives to discuss the matter. deally, such meeting(s) should occur: (1) after management decides that a viable business opportunity exists, but before a formal offer to provide services is made, and; (2) shortly after management learns if its offer to provide services was accepted.
D. Association Participants
Representatives for the Association at any meetings contemplated by this Agreement shall include the MEC Officers, the Negotiating Committee Chairman, the MEC's Labor Relations Counsel, and other advisors from the Association's Representation. Association's representatives shall agree to sign and be bound by the Company's confidentiality and non-disclosure agreements.
E. mplementation
LOA 5 Business Opportunities LOA-19 The parties will meet within 30 calendar days of the date of signing of the Agreement in order to receive briefings regarding business opportunities already in progress.
This LOA will be effective upon execution and will run concurrently with the Agreement including any status quo period under the RLA.
N WTNESS WHEREOF, the parties have signed this Letter of Agreement on the ___ day of _______, 20_.
For the Association For the Company
__________________ __________________ Chris Grable Brad Holt Chairman President & COO XJT MEC ExpressJet Airlines, nc.
__________________ __________________ David Nieuwenhuis Charlie Tutt Chairman Vice President, Flight Operations ASA MEC ExpressJet Airlines, nc.
__________________ Ed Fortaw Co-Chairman ASA/XJT Joint Negotiating Committee
__________________ John Wood Co-Chairman ASA/XJT Joint Negotiating Committee
LOA-20 THS PAGE NTENTONALLY LEFT BLANK
LOA-21
LETTER OF AGREEMENT [XX] between [ATLANTC SOUTHEAST ARLNES] and the AR LNE PLOTS in the service of [ATLANTC SOUTHEAST ARLNES] as represented by the AR LNE PLOTS ASSOCATON, NTERNATONAL _________________________________________
Re: Charter Operations
THS LETTER OF AGREEMENT is made and entered into in accordance with the provisions of the Railway Labor Act, as amended, by and between [Atlantic Southeast Airlines] (hereinafter referred to as "the Company) and the air line pilots in the service of the Company, as represented by the Air Line Pilots Association, nternational (hereinafter referred to as "ALPA or "the Association) (hereinafter collectively referred to as the "parties).
This LOA confirms the parties' understanding reached during negotiations regarding future charter operations.
The Company and the Association agree as follows:
A. CPA Charter Flying as defined in [Part ,] Section 2 will be performed as provided in [Part ].
B. Non-CPA Charter Flying as defined in [Part ], Section 2 will be performed as follows:
1. Scheduled or unscheduled charter flying in Airline Configured Aircraft that does not regularly and routinely include Company-directed additional duties and/or responsibilities will be performed as provided in [Part .]
2. Scheduled or unscheduled charter flying in Airline Configured Aircraft that regularly and routinely includes Company-directed additional duties and/or responsibilities will be performed under terms and conditions as provided in [Part ], except that the parties may enter into negotiations and arbitration as provided in paragraph B.4., below, related only to such Company-directed additional duties and/or responsibilities. LOA 6 Charter Operations LOA-22 3. Charter flying in Executive Configured Aircraft will be performed under the following terms and conditions, subject to paragraph B.4., below:
a. A Charter Pilot's MMG will be 90 hours.
b. A Charter Pilot will receive an override of $18 per hour.
c. A Charter Pilot on a charter assignment will have a fixed daily credit value of 5.5 hours.
d. A Charter Pilot will receive a minimum of 14 days off per month.
e. A Charter Pool Pilot will receive pay and credit for charter flying pursuant to paragraphs b. and c., above.
f. A Charter Pool Pilot will receive no less than the number of days off on his awarded non-charter line of time.
g. A pilot who voluntarily performs charter flying on otherwise scheduled days off waives any minimum day off requirement provided in [Part ] or this LOA.
h. A Charter Pilot's domicile will be either the pilot's awarded domicile, or a Home Base Airport ("HBA) selected by the pilot from which he will begin and end an assignment. The use of the HBA system for any particular charter agreement will be subject to paragraph 4., below.
i. An HBA will:
(1) Be located in the contiguous United States; and
(2) Have year-round air carrier service from at least 2 airlines; and
(a) At least one of the air carriers must provide service to a minimum of one of the following airports: DEN, LGA, EWR, JFK, ATL, ORD, AH, CLE, CVG, MSP, MEM, DTW, DFW, LAX, PHX, CLT, SFO, AD, SEA, and SLC, arriving not later than 1000 local airport time each day; and
(b) At least one of the air carriers must provide service that arrives at his HBA at or after 2200 but not later than 2359 HBA time each day.
LOA 6 Charter Operations LOA-23 (3) An HBA that meets the criteria in paragraph i.(2)(a), but not i.(2)(b), above, will qualify as an HBA provided that:
(a) The pilot waives his rights to being scheduled to arrive at his HBA no later than 2359 HBA time on the last day of a block of duty days, and to additional compensation as a result of an actual arrival time at his HBA after 0400 HBA time on the day after the last day of a block of duty days, and waives the 16-hour duty limitation for purposes of traveling to his HBA on his last duty day; and
(b) On the charter pilot's last day of a block of duty days, the Company must return the pilot to his HBA on the first available scheduled flight arriving at the HBA after 2359 HBA time. f the Company fails to return the pilot on the first available scheduled flight arriving after 2359 HBA time, the pilot will be entitled to such compensation as the parties may hereafter agree pursuant to paragraph B.4., unless the failure to return the pilot on the first available scheduled flight arriving after 2359 HBA time is the result of circumstances beyond the Company's control.
(4) The Company will provide ground and/or air transportation from the Charter Pilot's domicile to the aircraft staging location and from the last assignment back to the Charter Pilot's domicile.
(5) Unless air carrier service to and from his HBA is permanently or temporarily disrupted, a Charter Pilot will give at least 30 days notice to the Company prior to changing his HBA.
(6) The Company will not reimburse a Charter Pilot for any moving expenses associated with charter domicile changes.
(7) The Company and Association may mutually agree to changes to this paragraph i.
j. For a pilot flying charter operations, flight time and duty time restrictions will be governed by FAR Part 121 as allowed by the FAA-approved Company Operations Specifications. LOA 6 Charter Operations LOA-24
k. Charter flying will be performed by pilots who are in the charter pilot pool.
l. To the maximum extent possible, charter flying will be grouped into lines which will be awarded to pilots in seniority order within the charter pilot pool.
m. There will be an interview process for charter captains only. Such interviews will be offered in seniority order to qualified crewmembers. The Company will meet and confer with the Association regarding the minimum objective qualifications for an interview.
4. Negotiations of terms and conditions for charter flying
a. Should the Company initiate charter flying as defined in paragraphs B.2. and B.3., above, the Company will notify the Association of the charter flying as far in advance as possible prior to the estimated revenue service start date, or within 14 days of its decision to commence charter flying.
b. Upon written request by either party, negotiations will commence concerning the terms and conditions for the charter flying, not otherwise addressed herein, not later than 14 days after written request for negotiations has been made. Such written request must be made within 14 days of notification of the charter flying. f negotiations do not result in an agreement within 60 days from the commencement of negotiations, the parties will submit unresolved issues to expedited arbitration as provided herein.
c. Upon written request to commence negotiations, the parties will mutually agree upon the selection of an arbitrator. f mutual agreement is not possible, the arbitrator will be selected from the list of arbitrators contained in Section 21.E.2.d. by alternately striking names until 1 remains. The parties will determine the order of striking by the toss of a coin. The winner of the coin toss will have the choice of striking first or second.
d. The arbitration will be held at the earliest possible date at least 90 days after the commencement of negotiations consistent with the arbitrator's schedule. f the arbitrator is not available within 120 days after the commencement of negotiations, either party may elect to restrike the arbitrator panel as described in paragraph B.4.c., above. LOA 6 Charter Operations LOA-25
e. Composition of the Board
The Board will be comprised as provided in Section 21.E.1.
f. Each party will identify to the other party, at least 30 days prior to the initial arbitration hearing date, its final offer on specific issues that were the subject of negotiations pursuant to paragraph 4.b., above, that it intends to submit to arbitration. Those specific issues may not include the terms and conditions set forth in paragraphs 3.a. through m., except as specified in paragraph 3.h. Additionally, the parties shall provide to the arbitrator the tentative agreements reached through negotiations pursuant to paragraph 4.b.
g. Proposals, notes, and discussions from negotiations pursuant to paragraph 4.b. will not be admissible in the arbitration except that the parties' final offers specified in paragraph 4.f. are admissible.
h. Closing arguments may be made in lieu of post-hearing briefs by mutual agreement of the parties.
i. The parties will submit to the Board their final offers on the issues identified pursuant to paragraph 4.f. The Board's authority will be limited to rendering an award on those specified open issues, and the award must be within the limits set by those final offers. The Board's award will also incorporate, and make final and binding, the tentative agreements reached through negotiations pursuant to paragraph 4.b.
j. The arbitrator's decision will be issued within 21 days following closing arguments or receipt of briefs, as applicable.
k. The arbitrator's fees and expenses, as well as costs of the hearing room and the stenographic report, will be shared equally by the parties.
l. The time limits contained in this Section may be extended by mutual agreement of the parties.
m. The parties will take such measures as are reasonably necessary to protect proprietary information that is disclosed during negotiations and/or arbitration, including but not limited to non-disclosure agreements. LOA 6 Charter Operations LOA-26
n. Nothing set forth in this LOA will prevent the Company from initiating charter flying before agreement is reached or the arbitrator's award is issued governing the applicable terms and conditions.
o. Upon final agreement, or the issuance of the arbitrator's award, retroactive compensation, if applicable, will be paid to all pilots who were entitled to compensation in connection with the charter flying before the parties' agreement became effective or the award issued.
LOA 6 Charter Operations LOA-27 This LOA will be effective upon execution and will run concurrently with the Agreement including any status quo period under the RLA.
N WTNESS WHEREOF, the parties have signed this Letter of Agreement on the ___ day of _______, 20_.
For the Association For the Company
__________________ __________________ Chris Belcastro Brad Holt Chairman President & COO XJT MEC [Atlantic Southeast Airlines]
__________________ __________________ David Nieuwenhuis Charlie Tutt Chairman Vice President, Flight Operations ASA MEC [Atlantic Southeast Airlines]
__________________ John Wood Co-Chairman ASA/XJT Joint Negotiating Committee
__________________ Chris Mankamyer Co-Chairman ASA/XJT Joint Negotiating Committee
LOA-28 THS PAGE NTENTONALLY LEFT BLANK
MOU-1
EXPRESSJET ARLNES AVATON SAFETY ACTON PROGRAM (ASAP) FOR PLOTS
MEMORANDUM OF UNDERSTANDNG
1. GENERAL. ExpressJet Airlines (XJT) is a Title 14 of the Code of Federal Regulations (14 CFR), air carrier operating under Part 121 engaged in Flag, Domestic and Supplemental operations within United States, Canada, Mexico and the Bahamas. XJT operates 160 aircraft, and employs approximately 1700 pilots. The pilots are represented by the Airline Pilots Association (ALPA).
2. PURPOSE. The Federal Aviation Administration (FAA), XJT, and ALPA are committed to improving flight safety. Each party has determined that safety would be enhanced if there were a systematic approach for pilots to promptly identify and correct potential safety hazards. The primary purpose of the XJT Aviation Safety Action Program (ASAP) is to identify safety events, and to implement corrective measures that reduce the opportunity for safety to be compromised. n order to facilitate flight safety analysis and corrective action, XJT and the .LPA join the FAA in voluntarily implementing this ASAP for pilots, which is intended to improve flight safety through pilot self- reporting, cooperative follow-up, and appropriate corrective action. This Memorandum of Understanding (MOU) describes the provisions of the program.
3. BENEFTS. The program will foster a voluntary, cooperative, nonpunitive environment for the open reporting of safety of flight concerns. Through such reporting, all parties will have access to valuable safety information that may not otherwise be obtainable. This information will be analyzed in order to develop corrective action to help solve safety issues and possibly eliminate deviations from 14 CFR. For a report accepted under this ASAP MOU, the FAA will use lesser enforcement action or no enforcement action, depending on whether it is a sole-source report, to address an event involving possible noncompliance with 14 CFR. This policy is referred to in this MOU as an "enforcement-related incentive".
4. APPLCABLTY. The XJT ASAP applies to all pilot employees of XJT and only to events that occur while acting in that capacity. Reports of events involving apparent noncompliance with 14 CFR that is not inadvertent or that appears to involve an intentional disregard for safety, criminal activity, substance abuse, controlled substances, alcohol, or intentional falsification are excluded from the program.
MOU 1 ASAP 3-Party MOU-2 a. Events involving possible noncompliance with 14 CFR by XJT that are discovered under this program may be handled under the Voluntary Disclosure Policy, provided that XJT voluntarily reports the possible noncompliance to the FAA and that the other elements of that policy are met. (See the current version of AC 00-58, Voluntary Disclosure Reporting Program and FAA Order 2150.3B, Compliance and Enforcement Program, Chapter 5).
b. Any modifications of this MOU must be accepted by all parties to the agreement.
5. PROGRAM DURATON. This is a Continuing program subject to review every two years by the FAA This ASAP may be terminated at any time for any reason by XJT, the FAA, or any other party to the MOU. The termination or modification of a program will not adversely affect anyone who acted in reliance on the terms of a program in effect at the time of that action; i.e., when a program is terminated, all reports and investigations that were in progress will be handled under the provisions of the program until they are completed. Failure of any party to follow the terms of the program ordinarily will result in termination of the program. Failure of XJT to follow through with corrective action acceptable to the FAA to resolve any safety deficiencies ordinarily will result in termination of the program.
6. REPORTNG PROCEDURES. When a pilot observes a safety problem or experiences a safety-related event, he or she should note the problem or event and describe it in enough detail so that it can be evaluated by a third party.
a. ASAP Report Form. At an appropriate time during the workday (e.g. after the trip sequence has ended for the day), the employee should complete XJT ASAP Form (available via XJT online company intranet) for each safety problem or event and submit it electronically to the ASAP Manager. f the Electronic system is not available to the pilot at the time he or she needs to file a report, the employee may contact XJT's ASAP hotline and file a report via telephone within 24 hours after the end of flight sequence for day of occurrence, absent extraordinary circumstances. Reports filed telephonically within the prescribed time limit must be followed by a formal report submission within three calendar days thereafter. f the safety event involves a deviation from an ATC clearance, the pilot should note the date, time, place, altitude, flight number, and ATC frequency, along with enough other information to fully describe the event and any perceived safety problem.
b. Time Limit. Reports that the ERC determines to be sole-source will be accepted under the ASAP, regardless of the timeframe within which MOU 1 ASAP 3-Party MOU-3 they are submitted, provided they otherwise meet the acceptance criteria of paragraphs 11a (2) and (3) of this MOU. Reports which the ERC determines to be non sole-source must meet the same acceptance criteria, and must also be filed within one of the following two possible timeframes:
(1) Within 24 hours after the end of flight sequence for day of occurrence, absent extraordinary circumstances. For example, if the event occurred at 1400 hours on Monday and a pilot completes the flight sequence for that day at 1900 hours, the report should be filed no later than 1900 hours Tuesday. n order for all employees to be covered under the ASAP for any apparent noncompliance with 14 CFR resulting from an event, they must all sign the same report or submit separate signed reports for the same event.
(2) Within 24 hours of having become aware of possible non- compliance with 14 CFR provided the following criteria are met: f a report is submitted later than the time period after the occurrence of an event stated in paragraph 6b(1) above, the ERC will review all available information to determine whether the pilot knew or should have known about the possible noncompliance with 14 CFR within that time period. f the ERC determines that the employee did not know or could not have known about the possible noncompliance with 14 CFR until informed of it, then the report would be included in ASAP, provided the report is submitted within 24 hours of having become aware of possible noncompliance with 14 CFR, and provided that the report otherwise meets the acceptance criteria of this MOU. f the employee knew or should have known about the possible noncompliance with 14 CFR, then the report will not be included in ASAP.
c. Non-reporting employees covered under this ASAP MOU. f an ASAP report identifies another covered employee in an event involving possible noncompliance with 14 CFR and that employee has neither signed that report nor submitted a separate report, the ERC will determine on a case-by-case basis whether that employee knew or reasonably should have known about the possible noncompliance with 14 CFR. f the ERC determines that the employee did not know or could not have known about the apparent possible noncompliance with 14 CFR, and the original report otherwise qualifies for inclusion under ASAP, the ERC will offer the non-reporting employee the opportunity to submit his/her own ASAP report. f the non-reporting employee submits h s/her own report within 24 hours of notification from the ERC, that report will be afforded the same consideration MOU 1 ASAP 3-Party MOU-4 under ASAP as that accorded the report from the original reporting employee, provided all other ASAP acceptance criteria are met. However, if the non-reporting employee fails to submit his/her own report within 24 hours of notification from the ERC, the possible noncompliance with 14 CFR by that employee will be referred to an appropriate office within the FAA for additional investigation and reexamination and/or enforcement action, as appropriate, and for referral to law enforcement authorities, if warranted.
d. Non-reporting employees not covered under this ASAP MOU. f an ASAP report identifies another XJT employee who is not covered under this MOU, and the report indicates that employee may have been involved in possible noncompliance with 14 CFR, the ERC will determine on a case-by-case basis whether it would be appropriate to offer that employee the opportunity to submit an ASAP report. f the ERC determines that it is appropriate, the ERC will provide that employee with information about ASAP and invite the employee to submit an ASAP report. f the employee submits an ASAP report within 24 hours of notification from the ERC, that report will be covered under ASAP, provided all other ASAP acceptance criteria are met. f the employee fails to submit an ASAP report within 24 hours of notification from the ERC, the possible noncompliance with 14 CFR by that employee will be referred to an appropriate office within the FAA for additional investigation and reexamination and/or enforcement action, as appropriate, and for referral to law enforcement agencies, if warranted.
7. PONTS OF CONTACT. The ERC will be comprised of one representative from XJT management; one representative from the ALPA; and one FAA inspector assigned as the ASAP representative from the Certificate Holding District Office (CHDO) for XJT; or their designated alternates in their absence. n addition, XJT will designate one person who will serve as the ASAP manager. The ASAP manager will be responsible for program administration, and will not serve as a voting member of the ERC.
8. ASAP MANAGER. When the ASAP manager receives the report, he or she will record the date and time of any event described in the report and the date and time the report was submitted through the Electronic system. The ASAP manager will enter the report, along with all supporting data, on the agenda for the next ERC meeting. Reports should be provided to all ERC members prior to the scheduled ERC meeting in accordance with guidance contained in Advisory Circular 120-66, as amended. The ERC will determine whether a report is submitted in a timely manner or whether extraordinary circumstances precluded timely submission. To confirm that a report has been received, the ASAP manager will send a written receipt through the Electronic system to each employee who submits a report. The receipt will MOU 1 ASAP 3-Party MOU-5 confirm whether or not the report was determined to be timely. The ASAP manager will serve as the focal point for information about, and inquiries concerning the status of, ASAP reports, and for the coordination and tracking of ERC recommendations.
9. EVENT REVEW COMMTTEE (ERC). The ERC will review and analyze reports submitted by the pilots under the program, identify actual or potential safety problems from the information contained in the reports, and propose solutions for those problems. The ERC will provide feedback to the individual who submitted the report.
a. The ASAP manager will maintain a database that continually tracks each event and the analysis of those events. The ERC will conduct a 12-month review of the ASAP database with emphasis on determining whether corrective actions have been effective in preventing or reducing the recurrence of safety-related events of a similar nature. That review will include recommendations for corrective action for recurring events indicative of adverse safety trends.
b. This review is in addition to any other reviews conducted by the FAA. f an application for renewal of the continuing program is anticipated, the ERC will prepare and submit a report with the certificate holder's application to the FAA 60 days in advance of the termination date of the existing continuing program.
10. ERC PROCESS.
a. The ERC will meet as necessary to review and analyze reports that will be listed on an agenda submitted by the ASAP manager. The ERC will determine the time and place of the meeting. The ERC will meet at least twice a month, and the frequency of meetings will be determined by the number of reports that have accumulated or the need to acquire time-critical information.
b. The ERC will make its decisions involving ASAP issues based on consensus. Under the XJT ASAP, consensus of the ERC means the voluntary agreement of all representatives of the ERC. t does not require that all members believe that a particular decision or recommendation is the most desirable solution, but that the result falls within each member's range of acceptable solutions for that event in the best interest of safety. n order for this concept to work effectively, each ERC representative shall be empowered to make decisions within the context of the ERC discussions on a given report. The ERC representatives will strive to reach consensus on whether a reported event is covered under the program, how that event should be addressed, and the corrective action or any enforcement action that MOU 1 ASAP 3-Party MOU-6 should be taken as a result of the report. For example, the ERC should strive to reach a consensus on the recommended corrective action to address a safety problem such as an operating deficiency or airworthiness discrepancy reported under ASAP. The corrective action process would include working the safety issue(s) with the appropriate departments at the airline and the FAA that have the expertise and responsibility for the safety area of concern. Recognizing that the FAA holds statutory authority to enforce the necessary rules and regulations, it is understood that the FAA retains all legal rights and responsibilities contained in Title 49, United States Code, and FA. Order 2150.3B. n the event there is not a consensus of the ERC on decisions concerning a report involving an apparent violation(s), a qualification issue, or medical certification or medical qualification issue, the FAA ERC representative will decide how the report should be handled. The FAA will not use the content of the ASAP report in any subsequent enforcement action, except as described in paragraph 11a(3) of this MOU.
c. t is anticipated that three types of reports will be submitted to the ERC: safety-related reports that appear to involve a possible noncompliance with 14 CFR, reports that are of a general safety concern, but do not appear to involve possible noncompliance with 14 CFR, and any other reports: e.g., involving catering and passenger ticketing issues. All safety-related reports shall be fully evaluated and, to the extent appropriate, investigated.
d. The ERC will forward non-safety reports to the appropriate XJT department head for his/her information and, if possible, internal (XJT) resolution. For reports related to flight safety, including reports involving possible noncompliance with 14 CFR, the ERC will analyze the report, conduct interviews of reporting pilots, and gather additional information concerning the matter described in the report, as necessary.
e. The ERC should also make recommendations to XJT for corrective action for systemic issues. For example, such corrective action might include changes to XJT flight operations procedures, aircraft maintenance procedures, or modifications to the training curriculum for pilots. Any recommended changes that affect XJT will be forwarded through the ASAP manager to the appropriate department head for consideration and comment, and, if appropriate, implementation. The FAA will work with XJT to develop appropriate corrective action for systemic issues. The ASAP manager will track the implementation of the recommended corrective action and report on associated progress as part of the regular ERC meetings. Any MOU 1 ASAP 3-Party MOU-7 recommended corrective action that is not implemented should be recorded along with the reason it was not implemented.
f. When the ERC becomes aware of an issue involving the medical qualification or medical certification of an airman, the ERC must immediately advise the appropriate Regional Flight Surgeon about the issue. The ERC will work with the Regional Flight Surgeon and the certificate holder' s medical department or medical consultants to resolve any medical certification or medical qualification issues or concerns revealed in an ASAP report, or through the processing of that report. The FAA ERC member must follow the direction( s) of the Regional Flight Surgeon with respect to any medical certification or medical qualification issue(s) revealed in an ASAP report.
g. Any corrective action recommended by the ERC for a report accepted under ASAP must be completed to the satisfaction of all members of the ERC, or the ASAP report will be excluded from the program, and the event will be referred to the FAA for further action, as appropriate.
h. Use of the XJT ASAP Report: Neither the written ASAP report nor the content of the written ASAP report will be used to initiate or support any company disciplinary action, or as evidence for any purpose in an FAA enforcement action, except as provided in paragraph 11a(3) of this MOU. The FAA may conduct an independent investigation of an event disclosed in a report.
11. FAA ENFORCEMENT.
a. Criteria for Acceptance. The following criteria must be met in order for a report to be covered under ASAP:
(1) The employee must submit the report in accordance with the time limits specified under paragraph 6 of this MOU;
(2) Any possible noncompliance with 14 CFR disclosed in the report must be inadvertent and must not appear to involve an intentional disregard for safety; and,
(3) The reported event must not appear to involve criminal activity, substance abuse, controlled substances, alcohol, or intentional falsification. Reports involving those events will be referred to an appropriate FAA office for further handling. The FAA may use the content of such reports for any enforcement purposes and will refer such reports to law enforcement agencies, if appropriate. f upon completion of subsequent investigation it is determined that the event did not involve any of the MOU 1 ASAP 3-Party MOU-8 aforementioned activities, then the report will be referred back to the ERC for a determination of acceptability under ASAP. Such referred back reports will be accepted under ASAP provided they otherwise meet the acceptance criteria contained herein.
b. Administrative and nformal Action. Notwithstanding the criteria in Chapter 5 of FAA Order 2150.38, possible noncompliance with 14 CFR disclosed in a non sole-source ASAP report that is covered under the program and supported by sufficient evidence will be addressed with administrative action (i.e. a FAA warning Notice or FAA letter of Correction as appropriate for administrative action) or informal action (i.e., oral or written counseling). Sufficient evidence means evidence gathered by an investigation not caused by, or otherwise predicated on, the individual's safety-related report. There must be sufficient evidence to prove the violation, other than the individual's safety-related report. n order to be considered sufficient evidence under ASAP, the ERC must determine through consensus that the evidence (other than the individual's safety-related report) would likely have resulted in the processing of a FAA enforcement action had the individual's safety-related report not been accepted under ASAP. f the ERC determines that sufficient evidence supports a violation for an accepted non-sole-source report, the ERC must employ the Enforcement Decision Tool (EDT)-ndividual matrix and associated guidance found in FAA Order 2150.38, Appendix F, to determine, through ERC consensus under the ASAP process, whether the accepted non-sole-source ASAP report should be closed with administrative or informal action (and corrective action if appropriate). Accepted non sole-source reports for which there is not sufficient evidence will be closed with a FAA Letter of No Action.
c. Sole-source Reports. For the purposes of FAA action, a report is considered a sole-source report when all evidence of the event available to the FAA is discovered by or otherwise predicated on the report. Apparent violations disclosed in ASAP reports that are covered under the program and are sole-source reports will be addressed with an ERC response (no FAA action required). t is possible to have more than one sole-source report for the same event.
d. Reports nvolving Qualification ssues. XJT ASAP reports covered under the program that demonstrate a lack, or raise a question of a lack, of qualification of a certificate holder employee will be addressed with corrective action, if such action is appropriate and recommended by the ERC. f an employee fails to complete the corrective action in a manner satisfactory to all members of the ERC, then his/her report will be excluded from ASAP. n these cases, the ASAP event will be MOU 1 ASAP 3-Party MOU-9 referred to an appropriate office within the FAA for any additional investigation and reexamination and/or enforcement action, as appropriate.
e. Excluded from ASAP. Reported events involving possible noncompliance with 14 CFR that are excluded from ASAP will be referred by the FAA ERC member to an appropriate office within the FAA for any additional investigation and re- examination and/or enforcement action, as appropriate.
f. Corrective Action. Employees initially covered under an ASAP will be excluded from the program and not entitled to the enforcement-related incentive if they fail to complete the recommended corrective action in a manner satisfactory to all members of the ERC. Failure of an employee to complete the ERC recommended corrective action in a manner satisfactory to all members of the ERC may result in the reopening of the case and referral of the matter for appropriate action.
g. Repeated nstances of Noncompliance with 14 CFR. Reports involving the same or similar possible noncompliance with the Regulations that were previously addressed with administrative or informal action under ASAP will be accepted into the program, provided they otherwise satisfy the acceptance criteria in paragraph 6 above. The ERC will consider on a case-by-case basis the corrective action that is appropriate for such reports.
h. Closed Cases. A closed ASAP case including a related enforcement investigative report involving a violation addressed with the enforcement- related incentive, or for which no action has been taken, may be reopened and appropriate enforcement action taken if evidence later is discovered that establishes that the violation should have been excluded from the program.
12. EMPLOYEE FEEDBACK. The ASAP manager will publish a synopsis of the reports received from pilots in the Pilot ASAP Newsletter publication monthly. The synopsis will include enough information so that pilots can identify their reports. Employee names, however, will not be included in the synopsis. The outcome of each report will be published. Any employee who submitted a report may also contact the ASAP manager to inquire about the status of his/her report. n addition, each employee who submits a report accepted under ASAP will receive individual feedback on the final disposition of the report.
13. NFORMATON AND TRANNG. The details of the ASAP will be made available to all pilots and their supervisors by publication in the XJT Corporate Policy Manual. Each XJT pilot and manager will receive written MOU 1 ASAP 3-Party MOU-10 guidance outlining the details of the program at least two (2) weeks before the program begins. Each pilot will also receive additional instruction concerning the program during the next regularly scheduled recurrent training session, and on a continuing basis in recurrent training thereafter. All new-hire pilot employees will receive training on the program during initial training.
14. REVSON CONTROL. Revisions to this MOU shall be documented using standard revision control methodology.
15. RECORDKEEPNG. All documents and records regarding this program will be kept by the XJT ASAP manager and made available to the other parties of this agreement at their request. All records and documents relating to this program will be appropriately kept in a manner that ensures compliance with 14 CFR and all applicable law (including the Pilot Records mprovement Act). ALPA and the FAA will maintain whatever records they deem necessary to meet their needs.
16. SGNATORES All parties to this ASAP are entering into this agreement voluntarily
________________________________ _______________ Chairman Master Executive Council Date Airline Pilots Association
________________________________ _______________ Director-Corporate Safety, Date Security and Compliance, ExpressJet Airlines
________________________________ _______________ Manager, FAA CHDO Date for ExpressJet Airlines
Letter-1
[DOS]
Captain Donald L. Moak President Air Line Pilots Association, nternational 1625 Massachusetts Avenue, NW Washington, DC 20036
Re: SkyWest, nc. Commitments as Parent of ExpressJet Airlines
Dear Captain Moak:
SkyWest, nc. (hereinafter referred to as "SkyWest), which owns and controls ExpressJet Airlines and Skywest Airlines, recognizes that Section 1 of the collective bargaining agreement between ExpressJet Airlines and the Air Line Pilots Association, nternational ("ALPA) dated [____, 2013] ("the Agreement) is integral to the Agreement and essential to the job security of the ExpressJet pilots. Therefore, SkyWest makes the following legally-binding commitments to ALPA:
1. So long as SkyWest controls ExpressJet Airlines, SkyWest will require ExpressJet Airlines to comply with Section 1 of the Agreement. This paragraph will not create an obligation on SkyWest, nc. with respect to Section 1.B. (Non-Discrimination), of the Agreement.
2. So long as SkyWest controls ExpressJet Airlines, SkyWest will comply with all provisions of Section 1 of the Agreement imposing obligations on SkyWest as parent of ExpressJet Airlines, SkyWest Airlines, and any other air carrier under the control of SkyWest.
3. SkyWest will require its successor to assume and be bound by this letter.
f ALPA and SkyWest have a dispute about interpreting or applying a provision of this letter, and if the parties' dispute arose when SkyWest controlled ExpressJet Airlines, we have agreed that we will resolve it by final and binding arbitration, using the procedures of Paragraph 1.. of the Agreement. We have also agreed that terms used in this letter, unless otherwise defined in this letter, have the same meaning as in Section 1 of the Agreement.
SkyWest and ALPA have also agreed to make this letter effective on the date of signing of the Agreement, and that it will run concurrently with the Agreement and any status quo period applicable to the Agreement under the Railway Labor Act, as amended.
Letter 1 Holding Company Letter Letter-2 f you agree with the foregoing, kindly sign below:
Sincerely,
Jerry Atkin Chairman and CEO SkyWest, nc.
Agreed:
_______________ Captain Donald L. Moak President Air Line Pilots Association, nternational Letter 1
Letter-3
________ __, 2012
Captain David Nieuwenhuis, ASA MEC Chairman Captain Chris Belcastro, XJT MEC Chairman ALPA Master Executive Council 100 Hartsfield Centre Parkway, Suite 450 Atlanta, Georgia 30354
Re: Operational Practices Review
Dear David & Chris:
The following provisions will confirm our understanding reached during our most recent discussions concerning the necessity to address cost saving initiatives and necessary policy(ies) for the safe and efficient operation by pilots that assist the Company in compliance with directives set forth in the partner carrier Capacity Purchase Agreement(s) or enhance the overall safety and performance of the operation.
Specifically, in order to advance such Company initiatives, the Company and Association agree to share relevant operational information quarterly in a meeting between Flight Operations and the Association Central Air Safety Committee ("CASC). Before setting forth a new Company policy, the Company will contact the Association to schedule and coordinate a quarterly meeting, provided such issues arise. The Association will express their concerns over Company operational issues concerning operational safety or performance measures. The Company and Association's CASC will work in a collaborative manner to assist the Company in addressing compliance initiatives while maintaining safety and privacy in accordance with the FOQA program.
Please execute this letter in the space provided below to indicate your agreement with the foregoing.
Sincerely,
Date:
____________________________________ ___________ Charles S. Tutt V.P. Flight Operations ExpressJet Airlines, nc.
Letter 2 Operational Practices Review Letter-4
concur: Date:
____________________________________ ____________ David Nieuwenhuis Chairman ASA MEC
concur: Date:
____________________________________ ____________ Chris Belcastro Chairman XJT MEC
Letter-5
________ __, 2012
Captain Charlie Tutt ExpressJet Airlines 990 Toffie Terrace Atlanta, GA 30354-1363
Re: Line Check Pilot Seniority System
Dear Charlie:
This letter will confirm our understanding reached during negotiations regarding the Line Check Pilot seniority system.
1. Sixty days after the new Joint MEC is established, either party may request a meeting to further discuss and explore what line check pilot seniority system is best and suitable for the assignment of line check pilot flight assignments and reduction in force, if any, from the Flight Standards department.
2. The Company and the Association will each select two Line Check Pilot Seniority System Review Committee ("LCPRC) members. One Association LCPRC member will be from the ERJ seniority list and one from the CRJ seniority list and they will participate in meetings with the two Company LCPRC members.
3. The Association MEC will appoint the two Association LCPRC members.
Sincerely,
Date:
____________________________________ ____________ David Nieuwenhuis Chairman ASA MEC
Letter 3 Line Check Pilot Seniority Letter-6 Date:
____________________________________ ____________ Chris Belcastro Chairman XJT MEC
concur: Date:
____________________________________ ___________ Charles S. Tutt V.P. Flight Operations ExpressJet Airlines, nc. Letter 1
Letter-7
________ __, 2013
Charles S. Tutt ExpressJet Airlines 990 Toffie Terrace Atlanta, GA 30354-1363
Re: Long Term Disability nsurance
Dear Charlie:
This will confirm our understanding reached during the pilot negotiations regarding LTD nsurance.
All pilots, including those not currently in an LTD program will be automatically enrolled in the new LTD program at the contractual base level in the open enrollment period for 2015 benefits. A pilot may choose to purchase increased coverage as provided in the agreement. A pilot may choose to opt out of the program.
The Evidence of nsurability (EO) requirement will be waived for all pilots during the open enrollment period for 2015 benefits.
f a pilot opts out of the plan and desires to return to the plan, the EO will be required.
Sincerely,
Date:
____________________________________ ____________ David Nieuwenhuis Chairman ASA MEC
Letter 4 Long Term Disability Letter-8 Date:
____________________________________ ____________ Chris Grable Chairman XJT MEC
concur: Date:
____________________________________ ___________ Charles S. Tutt V.P. Flight Operations ExpressJet Airlines, nc. Letter 1
P-1
PART II - INSTRUCTOR PILOTS
Unless expressly modified by applicable provisions of this Part , applicable provisions of Part and any letters of agreement shall be incorporated herein. The parties understand that certain terms must be interpreted reasonably based on their applicability, or lack thereof, to the Flight nstructor work environment (for example, "pilot and "trip in Part will mean "Flight nstructor and "training event in this Part ).
P-1-1 1. SCOPE A. Recognition 5. n accordance with certification number R-6717 dated October 2, 2000,ExpressJet Airlines, nc. (the "Company) recognizes the Air Line Pilots Association, nternational (the "Association) as the authorized representative of Flight nstructors employed by the Company for the purposes of the Railway Labor Act, as amended. 6. The applicable provisions of Part and this Part and any letters of agreement between the Company and the Association may be collectively referred to as "the Agreement or "this Agreement. B. Scope 1. All flight instruction and flight training events covered by this Agreement will be performed by Flight nstructors whose names appear on the Training Department Seniority List in accordance with the terms and conditions of the Agreement. 2. This Agreement covers: a. all present and future flight instruction and training of Company pilots and flight instruction; and b. pilot training conducted in Company equipment and facilities except: (i). When a new aircraft type is ordered, the Company may utilize training pilots who are not on the seniority list to train up to 4 crews for each new aircraft ordered. The Company will begin offering instructor pilot position(s) to pilots on the seniority list for the new aircraft no later than the delivery of the first new aircraft. (ii). Flight instruction and training conducted pursuant to a "dry lease of Company simulators or facilities to a 3rd party; (iii). Up to 80% of ground school events and FTD/GFS sessions up to but not including the first FTD/GFS stage or phase check or any FTD/GFS sessions thereafter for current CRJ aircraft or any new aircraft; Section 1 Scope P-1-2
(iv). All ground school events and FTD sessions up to but not including the first FTD stage check or any FTD sessions thereafter for current ERJ aircraft;
(v). The performance of OE by on-line check airmen employed by the Company under Part of this Agreement; and
(vi). Flight instruction and training associated with the acquisition of a new equipment type that is necessary for the training of initial cadres of Company Flight nstructors and pilots.
3. Non-Department and Retireable nstructors (NDR nstructors)
An NDR nstructor is any instructor whose name does not appear on both the Training Department Seniority List and the Pilot Seniority list. Up to a maximum of 15% of the total number of instructors in all FTCs may be NDR instructors.
4. Notwithstanding paragraph 3., above, for a period of 3 years from the Date of Signing of the Agreement, the total number of NDR nstructors may exceed 15% as a result of NDR nstructors active as of DOS. The Company will not hire new NDR instructors until the number of NDR nstructors falls below 15%.
5. n accordance with the restrictions in Paragraphs 3.-4., above, flight nstructors who reach the age of 65 may elect to remain on the Training Department seniority list at the Company's discretion.
6. No Flight nstructors who are on the Training Department seniority list at date of signing will be furloughed or flexed to the line as a result of paragraphs B.3. or B.4., above for a period of 3 years following date of signing.
7. NDR nstructors will not conduct the following:
a. Checking/typing events b. Training Review Board directed training c. Retraining events d. Special Tracking training events e. Seat support or Pilot monitoring for any event listed in paragraphs a. through b., above.
Section 1 Scope P-1-3 C. Successor and Mergers (Paragraph D of Part , Section 1, Recognition and Scope, is incorporated herein.)
D. Expedited Board of Adjustment Procedures (Paragraph E of Part , Section 1, Recognition and Scope, is incorporated herein.)
E. Management Rights
Except as restricted by this Agreement, the Company will retain the right to manage and operate the Training Department and conduct training and instruction in the manner it deems appropriate.
P-1-4 THS PAGE NTENTONALLY LEFT BLANK P-2-1 2. DEFNTONS A. Flight nstructors are off-line Pilots assigned to the Training Department, to include nstructor Pilots, Check Airmen and Aircrew Program Designees (APD), whose duties will generally be described in the Flight Training Manual (FTM). The Company will not change the FTM definitions in effect on the DOS without Association consent unless required by law or regulation. B. Event a training, checking, travel, or other activity specifically described as such in Part of this Agreement for which a Flight nstructor is entitled to pay (e.g., checking or training in the aircraft or simulator, oral exam(s), FTD, GFS, LOFT, LFT, LOE, MV, NRFO, OEO, OE, WTR day, Special Tracking training, ground training, seat support, sick leave, or Company travel on a day separate from training). C. FIeet Training Center (FTC) a fleet-specific location to which Flight nstructors are assigned. The current FTCs at date of signing are Atlanta CRJ (ATL) and Houston ERJ (AH). For purposes of this definition, the CRJ 200/700/900 are a common fleet and the ERJ 135/145 are a common fleet. D. Training Center Seniority List the Training Center seniority list will consist of all Flight nstructors, to include Flight nstructors who are not on the pilot seniority list, who are assigned to a Training Center. E. Fenced Period the time period between the Date of Signing of the Agreement and 3 years after DOS or within 2 months of the opening of Section 6 negotiations [or a future joint collective bargaining agreement negotiation in the event of a subsequent merger], whichever comes first. F. Merger Agreement Date August 4, 2010. G. Training Department the Training Department consists of all Flight nstructors who are offline and assigned to a Fleet Training Center. H. Training Department Seniority List the Training Department seniority list will consist of each separate Training Center seniority lists as of the Date of Signing for the Fenced Period. Thereafter, the Training Department seniority list will be an integrated list of all Flight nstructors in accordance with Section 22 of this Part . The Training Center seniority list will include all Flight nstructors regardless of whether or not they are on the pilot seniority list.
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P-3-1
3. COMPENSATON
A. Pay Administration
Pay will be administered as provide by Part , Section [3.XX].
B. Calculation of Flight nstructor pay - Upon assignment to the Training Department and becoming qualified to perform the duties of a Flight nstructor, his total pay will be the sum of his pay at the applicable longevity scale, and additional pay, if any. Except as otherwise provided, an instructor pilot will be paid and credited 6.0 hours or actual block, whichever is greater, at his applicable hourly rate for each training event he performs.
1. Regular Pay
a. An instructor pilot will be paid the applicable hourly rate for the highest category he could hold by virtue of his seniority, notwithstanding any fences that result from the SL process. n no event will there be more instructor pilots receiving pay for a category than there are line pilots assigned to such category.
b. f an instructor pilot is not qualified for his permanent position when he returns to line flying, he will be paid at the hourly rate for his permanent position during training.
c. An Aircrew Program Designee (APD) will be paid and credited an additional 1.0 hour of pay per flight/SM type event at his applicable rate of pay.
2. Additional ("Add) Pay - Add Pay is pay above guarantee as outlined below:
a. A Flight nstructor who is involuntarily assigned an event on a scheduled day off, or an additional event on a scheduled workday, will receive 150% of regular pay for such event as add pay.
b. A Flight nstructor who volunteers for an event will be paid his applicable hourly rate for each event as Add Pay.
c. A Flight nstructor who picks up line flying during his vacation will be credited with vacation pay to his line value and the value of the trip as Add Pay.
Section 3 Compensation P-3-2 d. A Flight nstructor who picks up line flying on a day off will be paid at their applicable hourly rate as Add Pay in accordance with Part , Section 3 of this Agreement.
e. A Flight nstructor who volunteers or is assigned an event which becomes available within 1 hour of the event will be paid the higher of any premium pay being offered at the time, or 150% of his regular pay, whichever is greater, as add pay.
3. Flight nstructors will receive the same performance bonuses and Company profit sharing as all other Pilots.
4. f a Flight nstructor's paycheck contains an error it will be handled and processed in accordance in Part , Section 3.
5. A Flight nstructor who works or is required to travel on a holiday will receive holiday pay in accordance with Part , Section 3., and, in addition, pay for each event worked on the holiday.
P-4-1
4. MNMUM MONTHLY GUARANTEE
The minimum monthly guarantee (MMG) for a pay period is 18 events for an Flight nstructor who is assigned to the Training Department for the entire month.
P-4-2 THS PAGE NTENTONALLY LEFT BLANK
P-5-1
5. TRAVELNG EXPENSES
A. Flight nstructors will be paid per diem for all duty assignments away from their assigned Training Center from the time they report for any assignment until they are released from the assignment, except that Flight nstructors will be paid 8.5 hours per diem for each event at HOU.
B. Flight nstructors who drive their personal vehicles to training assignments at HOU will be paid mileage for travel to those training or checking events. The mileage from AH to HOU is 30 miles each way.
C. Flight nstructors may request authorization to rent a car during outstation training, if reasonably necessary based on location and hours of training.
D. An nstructor may request, and the Company will provide, a hotel room for 2 or more events on consecutive days at HOU.
P-5-2 THS PAGE NTENTONALLY LEFT BLANK
P-6-1
6. MOVNG EXPENSES
Part , Section 6, Moving Expenses, is incorporated herein.
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P-7-1
7. VACATON
A. Vacations will be distributed evenly and reasonably throughout the year. The Company will add 2 additional weeks for bid in each vacation slot in low volume training months.
B. Vacation Pay for each scheduled day of vacation will be 3.75 hours.
C. Vacation Postponed
1. Before any vacations are postponed, Training Scheduling will ask for volunteers who are willing to change their vacation. f there are not enough volunteers, vacations will be postponed in reverse order of Training Center seniority. f a vacation is postponed, a Flight nstructor will be given at least 30 days advance notice unless he agrees to a shorter notice. f the Flight nstructor has consecutive weeks of vacation, the advance notice must be given 30 days prior to the first week of the block of vacation weeks.
2. f a Flight nstructor's vacation is postponed, he will have the following choices:
a. Choose a vacation, in seniority order, from time available or made available in the remainder of the year of the postponement.
b. Choose to have the postponed vacation time added to his next year's vacation.
c. Elect to be paid for the postponed vacation. A Flight nstructor who elects payment for vacation will be paid over and above any other pay received for that bid period.
3. f a Flight nstructor's vacation has been postponed and he has incurred nonrefundable expenses (e.g., deposits, etc.), the Company will reimburse the Flight nstructor for those expenses.
4. f a Flight nstructor's vacation has been postponed and he has elected to take the postponed vacation later in the current calendar year pursuant to paragraph 2.a., above, that rescheduled vacation will not be postponed. f a Flight nstructor elects to add the postponed vacation to his next year's vacation pursuant to paragraph 2.b., above, Section 7 Vacation P-7-2 the Flight nstructor will designate the vacation period in the following year that cannot be postponed.
D. The Company will provide a minimum of 4 hard days off next to a vacation as requested by the Flight nstructor. The Company will use its best efforts to award additional days off next to a vacation if requested.
E. Flight nstructors will bid for vacation by fleet type based on the last Training Center seniority list published prior to vacation bidding each year. Flight nstructors transferring to a new fleet type will retain their awarded vacation weeks until the next vacation bidding cycle.
F. Flight nstructors will have the ability to trade vacations within the Training Department. Training scheduling will be notified 45 days prior to the first day of the month containing the first vacation period affected by the trade.
P-8-1
8. DEADHEADNG
A. Flight nstructors will be paid for travel to and from training assignments Out of FTC as follows:
1. Travel Completed Within a Single 14-Hour Duty Period.
a. A Flight nstructor will be paid for travel to training pursuant to Part , Section 8.A.2.
b. AH and HOU will be considered a single FTC for purposes of this paragraph and there will be no travel pay for training assignments conducted in HOU.
c. A Flight nstructor will be eligible for travel pay only when traveling by air to the training assignment unless the Company has authorized a flight instructor to travel by car in lieu of air travel. Flight nstructors are not eligible for pay under this section unless deadhead travel actually takes place.
2. Travel Not Completed Within a Single 14-Hour Duty Period or Travel on a Separate Day. Travel to or from training that takes place on a separate day from the training event, or travel coincident with training not completed within a single 14-hour duty period, will be paid as a separate event.
3. Travel Required on a Scheduled Day Off.
Travel required on a scheduled day off will be paid 9.0 hours for the event as Add Pay.
4. nternational Travel - For travel and training overseas, duty/travel days may be planned to exceed 14 hours. Air travel to or from European, Asian or Pacific destinations west of Hawaii will be considered as one workday.
B. Deadhead travel will be provided to and from all training events away from a Flight nstructor's Training Center, as requested and/or booked by the Flight nstructor. When pass travel policies allow, Flight nstructors may designate themselves "must-ride for all such flights.
C. Flight nstructors will not be required to transport students to or from training in their own car. P-8-2 THS PAGE NTENTONALLY LEFT BLANK
P-9-1
9. MSCELLANEOUS FLYNG
Part , Section 9., Miscellaneous Flying, is incorporated herein.
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P-10-1
10. TRANSFER TO OR RETURN FROM NON-FLYNG OR SUPERVSORY DUTY
Part , Section 10., Transfer to or Return From Non-flying or Supervisory Duty, is not applicable to Flight nstructors.
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P-11-1
11. TRANNG
Part , Section 11., Training, is not applicable to Flight nstructors.
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P-12-1
12. HOURS OF SERVCE
A. An instructor pilot will be relieved from all duty assignments for 1 day during any 7 consecutive days.
B. When performing training on line trips or in aircraft, all line pilot flight and duty time limitations in Part , Section 12. will apply.
C. An instructor pilot will not be scheduled for more than 10.0 hours of non- flying, instructional duties (excluding non-instructional time such as meal breaks) unless requested by the Flight nstructor.
D. Flight nstructors will be provided 11 hours of rest prior to beginning duty, reducible to 10 hours due to unforeseen circumstances.
E. A Flight nstructor may waive the limits in paragraphs A. and D., as long as FAR requirements are satisfied.
F. An instructor pilot who is available for less than a full month will have his minimum days off determined as provided by the chart in Part , Section 12.E.6. using the 12 days off column.
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P-13-1
13. LEAVES OF ABSENCE
A Flight nstructor may request a Leave of Absence from the Training Department to temporarily return to line flying. Such leave may be approved or denied at the Company's discretion. P-13-2 THS PAGE NTENTONALLY LEFT BLANK
P-14-1
14. SCK LEAVE
A. Flight nstructors will accrue sick and occupational injury (O) leave in accordance with Part , Section 14.
B. A Flight nstructor will be credited with and his sick or O bank will be reduced by the credit value of the training event or the flight assignment duty period missed.
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P-15-1
15. PHYSCAL EXAMNATONS
A. With the exception of paragraphs B. and C., below, part , Section 15., Physical Examinations, is incorporated herein.
B. A Flight nstructor must maintain the maximum medical certificate he can hold. Nothing herein will require the Company to remove a Flight nstructor from the Training Department based on that Flight nstructor's inability to obtain or retain an FAA Medical certificate.
C. Pay for Drug or Alcohol Testing
5. Drug or alcohol testing at a Flight nstructor's assigned Training Center airport clinic will pay 45 minutes as Additional Pay.
6. Drug or alcohol testing at a Flight nstructor's assigned Training Center will pay 30 minutes as Additional Pay.
7. A pilot who is required to provide both a breath and a urine specimen on the same occasion will receive only one payment of the applicable amount for such an occurrence, not two.
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P-16-1
16. WORKERS' COMPENSATON
Part , Section 16., Worker's Compensation, is incorporated herein. P-16-2 THS PAGE NTENTONALLY LEFT BLANK
P-17-1
17. MSSNG, NTERNMENT, HOSTAGE OR PRSONER BENEFTS
Part , Section 17., Missing, Hostage, POW, is incorporated herein.
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P-18-1
18. NEW EQUPMENT AND FOREGN FLYNG
Part , Section 18., New Equipment and Foreign Flying, is incorporated herein.
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P-19-1
19. NVESTGATON AND DSCPLNE
A. The Company retains the discretion to determine whether a Flight nstructor is qualified to remain in the Training Department. A Flight nstructor will not be removed from the Training Department without previously being afforded a hearing before the Director of Training or his designee. The Flight nstructor will have the right to be accompanied to the hearing by an authorized employee of the Association and/or the Flight nstructor employee of his choice, provided the choice is reasonably available.
B. When the Company determines that a Flight nstructor is not suitable for continued work in the Training Department, it will furnish him with a written statement of the specific reasons for its decision.
C. A Flight nstructor challenging his removal from the Training Department may utilize the dispute resolution provisions of Part , Sections 20., Non- Disciplinary Grievances, and 21., System Board of Adjustment.
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P-20-1
20. NON-DSCPLNARY GREVANCES
Part , Section 20., Non-disciplinary Grievances, is incorporated herein.
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P-21-1
21. SYSTEM BOARD OF ADJUSTMENT
Part , Section 21., System Board of Adjustment, is incorporated herein. P-21-2 THS PAGE NTENTONALLY LEFT BLANK
P-22-1
22. SENORTY
A. Except as provided in paragraph B., below, seniority for all Flight nstructors will be equivalent to each pilot's respective seniority number on the pilot seniority list then in effect.
B. Seniority for a Flight nstructor on the ERJ 135/145 Fleet Training Center Seniority List will be based upon:
1. Date of hire into the Training Department for a Flight nstructor assigned to the ERJ 135/145 FTC as of the Merger Agreement Date;
2. Date of hire into the ERJ 135/145 FTC for a Flight nstructor hired into the ERJ 135/145 FTC after the Merger Agreement Date; or
3. As provided by 24.B.4.a. for a CRJ who transfers into the ERJ 135/145 FTC.
C. A pilot transferred to training duty will retain and continue to accrue seniority and longevity for pay and other benefits, except as otherwise provided.
D. The Company will publish a Training Department seniority list at the same time and under the same conditions as specified in Part , Section 11. Flight nstructors will have the right to protest omissions or incorrect postings as specified in Part , Section 11 and will handle such protests as specified in that Section.
P-22-2 THS PAGE NTENTONALLY LEFT BLANK P-23-1 23. FURLOUGH AND RECALL A. A Flight nstructor who is subject to furlough by the Company in accordance with his seniority will not be affected in his position in the Training Department except as provided for in this Section. f it is necessary to reduce the size of the Training Department, such reductions will be accomplished through furloughs as follows: 1. Reduction of any kind will first include NDR Flight nstructors. 2. f further reductions are necessary, Flight nstructors on the pilot seniority list who are furloughed or flexed to the line will be in inverse seniority order by FTC seniority list. n no case will the number of Flight nstructors who are not on the pilot seniority list be greater than the limit in Section 1.B.3. of this Part . 3. All active or flexed Flight nstructors who were on the Training Department seniority list and not furloughed on the merger agreement date may displace any Flight nstructor who was not an active or flexed Flight nstructor on the Training Department seniority list or was furloughed on the merger agreement date, regardless of seniority. 4. All active or flexed Flight nstructors who were on the Training Department seniority list and not furloughed on the merger agreement date may displace a more junior Flight nstructor (as provided by the Training Department Seniority List for FTCs other than the AH ERJ 135/145 FTC or the FTC seniority list for the AH ERJ 135/145 FTC) who was also an active or flexed Flight nstructor who was on the Training Department seniority list and not furloughed on the merger agreement date. 5. A Flight nstructor from the ERJ 135/145 Fleet Training Center (FTC) may not displace a Flight nstructor from the CRJ 200/700/900 FTC, and vice versa, during the Fenced Period. After the Fenced Period, a Flight nstructor may displace any other Flight nstructor that is more junior pursuant to paragraphs 3. and 4., above. 6. n the event of a new FTC, a Flight nstructor from either the ERJ 135/145 FTC or the CRJ 200/700/900 FTC may displace a Flight nstructor from the new FTC that is more junior pursuant to paragraphs 3. and 4., above. 7. n the event a Flight nstructor is furloughed from a new FTC, that Flight nstructor will return to his previous FTC and may displace a Section 23 Furlough and Recall P-23-2 Flight nstructor that is more junior pursuant to paragraphs 3. and 4., above.
B. Before a furlough from the Training Department takes place and to minimize its effects, the Company will offer Flight nstructors, in seniority order, the opportunity to voluntarily return to line flying for a month. The Company may also make available COMAs that are being offered to other Pilots in accordance with Part , Section 13.
C. Recall to the Training Department will be offered first to Pilots who were previously assigned to that FTC in FTC seniority order. f no Flight nstructors from that FTC are available, recall will be offered next to any pilot on the Training Department seniority list in seniority order
P-24-1
24. FLLNG OF VACANCES
A. When the Company is aware of a need for additional Flight nstructors and no Flight nstructors remain furloughed or flexed to the line at that Fleet Training Center, then a vacancy occurs. This could be the result of additional equipment, new equipment, voluntary or involuntary separation, or any other operational need.
B. Order for Filling of Vacancies:
1. Vacancies will first be filled first by:
a. Flight nstructors on the AH 135/145 FTC Seniority List in seniority order for the AH 135/145 FTC; and
b. Training Department seniority list in seniority order for all other FTCs.
2. Vacancies will next be filled in system seniority order by pilots who were previous Flight nstructors and who left the Training Department in good standing. Following previous Flight nstructors, vacancies will be filled in system seniority order by pilots on the pilot seniority list. A pilot who is on the pilot seniority list, reaches the age of 65, and has been separated from the Company for a period of 12 months or less will be eligible to fill a vacancy in the Training Department using their seniority at the time of retirement.
3. As an exception to this Part , Section B.1. and B.2., above, if the Company introduces a new equipment type requiring Flight nstructor positions before the Complete Operational Merger, Flight instructor positions will be filled by the respective ASA Pilots or XJT Pilots as required by the Transition and Process Agreement.
4. Transfer to the AH 135/145 FTC
a. An active or flexed Flight nstructor who was in the ATL CRJ Training Department and not furloughed on the merger agreement date who fills a vacancy within the AH 135/145 FTC will be placed on the AH 135/145 FTC Seniority List based upon his relative seniority within the ATL CRJ Training Department on the Merger Agreement Date, and the respective relative seniority position on the AH 135/145 FTC Seniority List on the Merger Agreement Date.
Section 24 Filling of Vacancies P-24-2 b. All other Flight nstructors who fill vacancies in the AH 135/145 FTC will be placed on the AH 135/145 FTC Seniority List based on their date of hire into the AH 135/145 FTC.
c. Within 90 days after the date of signing of the Agreement, the Association will provide the Company with certified seniority lists of the AH 135/145 FTC and the ATL CRJ FTC as of the Merger Agreement Date. Any disputes regarding the lists will be resolved by the Association at Association Expense.
C. Assignment to the Training Department will be on the effective date of the vacancy notice.
D. Qualifications
1. Flight nstructors will have a minimum of 1 year and 500 hours line captain experience with the Company prior to assignment to the Training Department.
2. nstructor Pilots, Check Airmen, and Aircrew Program Designees will have at least the minimum qualifications defined in the Flight Training Manual. The Company will not change the standards in effect on the DOS without Association consent unless required by law or regulation. Additionally all Check Airmen will have at least 1 year of experience as an P and all APDs will have at least 1 year of experience as a Check Airman
3. Flight nstructors who are on the Training Department seniority list at date of signing will be considered to have met the above requirements.
E. Flight nstructor vacancies will be posted for all Pilots to apply. The Company will conduct formal interviews for those pilots who have not previously been in the Training Department and select the best qualified applicants. The Company may consider previous employment history in determining an applicant's suitability. Previous experience in the Training Department will be considered in the selection process. f an applicant either fails to meet the basic qualifications or is deemed unsuitable for the position, he will be notified of such in writing. A vacancy posting will include:
1. Position 2. Fleet Training Center (FTC) 3. Equipment 4. Effective Date
Section 24 Filling of Vacancies P-24-3 F. Flight nstructors who volunteer for a new FTC will not be eligible to bid out of the new FTC for a period of 30 months. However, a Flight nstructor furloughed from a new FTC will be in accordance with Section 23 of this Part .
G. Flight nstructor Return to the Line:
1. Flight nstructors will maintain a "Standing Vacancy Bid on file for line Pilot positions.
2. A Flight nstructor being returned to the line (furlough or removal of status) will be given as much notice as possible but not less than 30 days' notice or pay in lieu thereof.
3. A Flight nstructor who resigns from the Training Department will give the Company as much notice as possible but not less than 30 days' notice of their return to the line.
4. A Flight nstructor requiring training prior to returning to the line will begin training at a time determined by the Directors of Training and Crew Resources.
P-25-1
25. SCHEDULNG
A. General
1. Bid periods will be in accordance with Part , Section 25.A.
2. Flight nstructors will indicate their preference for days off for each bid period electronically no later than the 3rd of the month prior to the bid period.
3. Days off will be considered calendar days and will be requested as 6 hard days and 6 soft days. Any days off attached to a vacation will be awarded first in Training Center Seniority order. Each Flight nstructor will then be awarded the 6 hard days off in Training Center Seniority order. Each Flight nstructor will then be awarded the 6 soft days off in Training Center Seniority order.
4. Schedules will consist of work days ("WTR days), travel days, days off, the date and time of scheduled training events, and suggested times for travel to training events.
5. The Company will collaborate with the Association when constructing schedules.
6. Publishing deadlines for monthly schedules
a. Legacy ASA System schedules will be published and final on the 20th of the month.
b. Legacy XJT System schedules will be published and final 24 hours prior to the opening of the LW. Upon transition to PBS, such schedules will be published and final on the 20th of the month.
7. n the event that 2 or more Flight nstructors request days off that would result in a scheduling conflict or staffing shortage if honored, the Company will attempt to resolve the conflict through mutual agreement of the concerned Flight nstructors. f that is not possible, the Company will attempt to resolve the conflict by giving preference to days off requests on the basis of seniority within each Training Center.
8. Disputes regarding scheduling rules and assignment of days off will be referred to a scheduling subcommittee composed of representatives Section 25 Scheduling P-25-2 of the Association and the Company. f the scheduling subcommittee is unable to resolve the conflict, it will be referred to the Director of Training or his designated representative and the Flight nstructor representative to the MEC. f the aforementioned are able to reach agreement regarding an appropriate resolution to any conflict, that resolution will be final and binding. f the aforementioned are unable to reach agreement, the dispute may be submitted as a grievance. However, the Company will not be subject to liability for pay or replacement days off as the result of a grievance if it is determined that the Company acted in good faith and attempted to comply with the language and intent of this provision.
9. Changes may be made to the published schedules as required by operational contingencies (e.g., rescheduling of crews, equipment availability due to maintenance, weather, or flight schedule irregularities, etc.). f a scheduled event is cancelled, the Company may assign the Flight nstructor a WTR day. The Company may assign an event to a Flight nstructor on a WTR day; however, the event must be within the same on-call period as the original event. The Company will notify each Flight nstructor involved, as far in advance as practical of any such changes in the schedule.
10. Changes to a Flight nstructor's schedule will be made electronically no later than midnight the day of the change Monday through Friday. The Company will attempt to accomplish updates on the weekend also, but in no case later than 1700 LT, the following business day. Changes occurring over holidays will be made available by 1700 LT the following business day.
11. Unscheduled training events (i.e., open time or extra events) that become available during the bid month will be assigned to Flight nstructors in the following manner:
a. Events that become available at least 24 hours in advance of the event will be considered "known open time, and such events will be published twice a day, at 0900 LT and 1200 LT with no less than 4 hours to volunteer (e.g. an event posted at 1200 LT will close at 1600 LT). Qualified Flight nstructors will be eligible to bid for the event, and the event will be awarded in the following order:
(1) Fleet Training Center seniority
(2) When multiple events are posted, each Flight nstructor who has bid will be awarded only 1 event in Fleet Training Center seniority order unless and until events Section 25 Scheduling P-25-3 remain that have not been bid upon by other Flight nstructors.
(3) For the purposes of a pilot's continuity of instruction, the Company may group events together in open time for a single Flight nstructor to pick up. (e.g., 2+1)
b. Events that become available less than 24 hours in advance of the event will be considered "short notice open time. Where practicable, the Company will publish short notice open time in the manner provided in paragraph 9.a., above. Where scheduling requirements make it impractical to publish and award the event as provided above, the Company may award the event to any available and qualified Flight nstructor. n so doing, the Company will endeavor to make such opportunities available to Flight nstructors in order of Training Center seniority.
c. Where no Flight nstructor volunteers for the event (either known or short notice open time), the Company will assign such event to qualified Flight nstructors in reverse order of Fleet Training Center seniority (junior man). Compensation for the event will be in accordance with Section 3.B.2.a.
d. f a Flight nstructor is junior manned on a scheduled day off, the day off will be restored. The Flight nstructor must submit 2 choices to the Company to replace the lost day off within 24 hours after completion of the duty day. The Company will restore the day off within the current or next bid period.
e. Training events that become available in open time out of the assigned FTC will be bid on and awarded in accordance with paragraphs a. through d., above. The Company will provide deadhead air travel, travel pay, and hotel for any out of the assigned FTC event awarded.
12. Flight nstructors may trade or personal drop scheduled training events, WTR days and days off with other instructors.
a. Flight nstructors who desire to trade scheduled training events will notify the Company as far in advance as possible.
b. Flight nstructors may drop up to 9 events or WTR days, with a reduction of MMG for each event dropped. The event will be posted in open time for pick up by the first available Flight nstructor qualified for the event. f the event is not picked up, Section 25 Scheduling P-25-4 the original Flight nstructor is responsible for the event with no reduction in pay.
c. Events that become available as a result of an out of the assigned FTC drop or swap will be awarded in accordance with paragraphs 10.a. and b., above.
(1) f an event with corresponding travel days/deadhead attached to the event is dropped, the travel days/deadhead must also be dropped.
(2) nstructors picking up dropped events with no travel pay associated will not be afforded confirmed air travel, and will be responsible for travel to and/or from the event(s).
(3) The Company will provide a hotel room for the instructor, if required, and if one would have been provided for the original instructor.
(4) The Company will provide travel pay and confirmed air travel no more than once to get to an event(s) and return from an event(s) regardless of the number of instructors covering multiple events originally assigned to a single instructor.
13. Extra events, WTR days, travel days and days off that are scheduled as a result of a voluntary trade or pick up of a personal dropped event between Flight nstructors will not subject the Company to additional scheduling restrictions, reinstatement of days off, or pay premiums or penalties.
14. f, in the Flight nstructor's opinion, multiple maintenance, weather, or scheduling delays involving the aircraft or simulator cause the training period to become nonproductive, the training will be rescheduled. All cancellations will be communicated to the Training Scheduler and the Program Manager.
15. Prior to assigning outstation training, the Company will request volunteers. Volunteers will be assigned such training if practical.
B. Line Flying
1. Voluntary open time flying
a. Flight nstructors may pick up open time trips voluntarily and without Training Department approval. A Flight nstructor will e- Section 25 Scheduling P-25-5 mail a copy of the trip to the Program Manager as soon as possible after the trip has been picked up to ensure that there are no scheduling or duty conflicts. The Flight nstructor must be qualified and current, the open time trip may not conflict with any scheduled work assignments and it must comply with FAR requirements.
b. Hotel and passes will not be provided to a Flight nstructor who picks up open time.
c. Pick up of open time or trip postings
(i). Pickups in a flight instructor's permanent position will be as provided by the rules for lineholders in Part , Section 25.
(ii). Pickups in a position other than a flight instructor's permanent position will be as provided by Part , Section 25.N.3., except that open time will be available within 48 hours of scheduled departure.
d. Once a Flight nstructor's monthly training schedule has been established, open time pick-up will be in accordance with the procedures applicable to open time pick-up for all pilots.
e. Once a trip is picked up by a Flight nstructor, it is no longer available for pick up by another pilot.
f. Flight nstructors may pick up a trip(s) during their vacation.
g. f the Company provides an incentive for open time pick-up by line pilots, the same incentive will be provided to Flight nstructors. All other Flight nstructor line flying will be in accordance with the provisions of the Flight nstructor Agreement.
2. Quarterly Line Flying
a. A Flight nstructor will be assigned 1, 9-day period each quarter of each calendar year to bid to fly a trip(s) or reserve duty in accordance with Part , Section 25 and the following provisions:
(1) The Company will provide a selection of periods available for quarterly flying and Flight nstructors will bid 1, 9-day period per quarter to fly. The Company will reasonably evenly distribute the 9-day periods Section 25 Scheduling P-25-6 throughout each quarter available to an instructor pilot to bid. A pre-bid will be conducted and awarded in seniority order within each P position (i.e., APDs, Ps, or Ps with similar qualifications) for the period the Flight nstructors are to fly.
(2) A quarter will be defined as (Q-1 is Jan, Feb, Mar), (Q-2 is Apr, May, June), etc.
(3) Each instructor pilot and APD will fly a 1-day, 2-day, 3- day, or 4- day trip(s) or combination thereof, each quarter.
(4) A Flight nstructor will bid for trips in his permanent position in accordance with Part , Section 25 with his system seniority.
(5) A Flight nstructor will be provided a virtual credit equal to the minimum of the credit window for such month, such credit will be placed on each day outside of his 9- day period. However, a Flight nstructor will only be awarded a total of 3 or 4 days of flying or reserve duty.
(6) n a month where a Flight nstructor is scheduled to fly, Sections 18.B.2 and 18.B.5 do not apply.
(7) A Flight nstructor will be paid the credits earned on the trip for flying he performs. f the Flight nstructor is awarded reserve duty, the Flight nstructor will be paid the greater of 3.75 hours for each reserve day or the actual credit flown.
(8) A Flight nstructor will be scheduled for at least 15 days of Flight nstructor duty in a month where he is scheduled to fly.
(9) f the requirement for the Flight nstructor to fly in a quarter is waived, he will not be required to fly extra in a subsequent quarter.
b. f a Flight nstructor is flexed to the line for a month in accordance with paragraph C., below, he will have been considered to have met his requirement to fly 4 periods in a calendar year to bid and fly pursuant to this paragraph.
C. Monthly Flight nstructor Force Adjustment (Flex) Section 25 Scheduling P-25-7
1. The Director of Training, or his designee, may require a Flight nstructor to bid and fly a regular or reserve line in accordance with Part , Section 25 for the purpose of providing flexibility within a fleet type in the Training Department when a decrease in staffing needs is anticipated. A Flight nstructor required to bid will be notified at least 12 days prior to the opening of the bid in accordance with Part , Section 25. No more than 40% of the Flight nstructors per fleet will be required to bid and fly a line pursuant to this paragraph. To use the provisions of this paragraph, the following must apply:
a. No event will remain unscheduled prior to the final schedule.
b. Flight nstructor Force Adjustment will be made in inverse Training Center Seniority order.
2. Prior to the Company exercising the provisions of paragraph C.1., above, the Company will solicit Flight nstructor volunteers in the affected fleet(s) and allow such Flight nstructor(s) in seniority order to bid a line. The Company may bypass such Flight nstructors to the extent that special qualification is required. f there are insufficient volunteers, the Company will require a Flight nstructor(s) to bid a line in accordance with paragraph C.1., above. Such Flight nstructor(s) will be selected in inverse seniority order among Flight nstructors who are part of the fleet(s) that require adjustment.
3. A Flight nstructor required to bid a line in accordance with paragraph C.1., above, will be assigned to his permanent position, or as follows:
a. A Flight nstructor will not be forced to fly in a domicile different than his permanent position.
b. A Flight nstructor may volunteer to be assigned to another domicile as a Captain, but the Company is not required to approve a request that would result in more than 50% of Flight nstructors flexed in any one domicile.
c. f the Company assigns a Flight nstructor to fly in the right seat, he will be paid 2 events as Add Pay for each month of flying.
(1) No more than 50% of the flexed Flight nstructors may be assigned to fly in the right seat.
(2) f a Flight nstructor is required to fly in the right seat, there must be an even distribution of all flexed Flight Section 25 Scheduling P-25-8 nstructors across both seats in that fleet in the domicile. For purposes of this paragraph, the CRJ 200/700/900 are considered a single fleet and the ERJ 135/145 are considered a single fleet.
d. A Flight nstructor may be flexed to the right seat for no more than 2 months in a row. Following this, no Flight nstructor may be flexed to the right seat again for at least 2 months.
e. The Company may not assign a Flight nstructor to fly in the right seat if any pilots are on furlough from the Company.
4. Such Flight nstructor(s) will not be assigned training duties during this month unless he volunteers to perform training duties that do not interfere with his flying schedule. A Flight nstructor so assigned will be paid for such training duties in accordance with Section 3 of this Part .
5. During months a Flight nstructor is flying as a regular or reserve pilot, such pilot will be compensated as a regular or reserve pilot, as applicable, and his minimum monthly guarantee will be in accordance with Part , Section 4. His hourly rate will be in accordance with Section 3 of this Part .
D. Duty Days
1. Monthly schedules will consist of no more than 18 duty periods (combination of scheduled events and WTR days) and a minimum of twelve days off, except as provided in paragraphs E.3. and 4., below.
2. Unless mutually agreed upon by the Flight nstructor and the Company, Flight nstructors will be scheduled for no more than 1 event per day. f a Flight nstructor requests to be scheduled 2 events per day, the Company will make an effort to honor the request.
3. Office days may be assigned to a Flight nstructor who has volunteered and been accepted for such work at the Company's discretion as part of his Flight nstructor schedule.
4. Flight nstructors will not be scheduled for more than 6 consecutive days of duty unless the Flight nstructor agrees. Flight nstructors performing training at international locations will not be scheduled for more than 14 consecutive days away from their Training Center.
5. Duty periods will not be scheduled to exceed 15.0 scheduled hours, including travel, briefing, training session and debrief; provided, Section 25 Scheduling P-25-9 however, that actual duty time may exceed 15.0 hours due to circumstances beyond the Company's control. n no case will a Flight nstructor be required to remain on duty in excess of 16 hours. The instructor may waive his duty period limitation for the purpose of returning to the training domicile or his residence.
6. For purposes of scheduling duty periods and the publication of monthly schedules, the following time periods will be used:
a. Simulator Training and Check Ride, Flight Training Device and Systems ntegration Training: 5.0 hour event, plus 1.5 hour prebrief, plus 1 hour debrief.
b. Aircraft Training and Check Ride: 5 hour event, plus 1.5 hour prebrief, plus 1 hour debrief, plus 0.5 hour walkaround, where required.
c. Oral Exam: 5 hours.
d. Scheduled travel time to a training assignment out of assigned FTC will begin 1.0 hour before scheduled departure from assigned FTC and will end upon actual arrival in the destination city.
7. Duty periods will not be scheduled to provide less than a 10-hour rest period, calculated from scheduled release to scheduled report time.
8. f business related flight delays or other circumstances preclude reporting for a training assignment without at least 10 hours rest, the Flight nstructor must contact the Program Manager or leave a voice mail message of the circumstances and the expected ETA.
9. Flight nstructors will not be scheduled to train or check more than 2 students per duty period, except as provided below.
a. The Company may schedule 4 students for training by 1 Flight nstructor during a 4.0 hour FTD session by scheduling 2 students for the first half and 2 students for the second half of the session.
b. The Company may schedule more than 2 students for training by 1 Flight nstructor during an FTD or simulator session under "special training curricula. Special training curricula are study courses of limited duration that are developed to supplement the regular training curricula, (e.g., CAT Training). Special training curricula will be discussed with the Association. Section 25 Scheduling P-25-10
10. A Flight nstructor will normally be provided 24 hours free from duty before beginning a scheduled or assigned work period that begins during the midnight shift period (i.e., 0001 LT to 0400 LT) when that Flight nstructor had just worked a shift other than the midnight shift the previous day. f the 24-hour duty free period cannot be satisfied, the Flight nstructor will receive 150% pay for the event applied to minimum pay guarantee.
11. A Flight nstructor will not normally be scheduled to work past 2200 LT on a day before a scheduled day off or before 0600 LT on a day following a scheduled day off. Work includes the time required for the pre and/or post briefs and travel time (1 hour) from HOU. f a scheduled duty period interferes with a scheduled day off, the Company will pay the Flight nstructor 6 hours for the lost day off.
E. Work Days
1. Work ("WTR) days will be assigned when training is canceled or not scheduled during the construction of the training schedules. During the month, a Flight nstructor may expect WTR days to be replaced with training duties, OEO, standardization checks, or office days.
2. n the event of a canceled training event, the Flight nstructor will be assigned a WTR day consisting of one of 3 time periods as follows:
a. 0400 LT to 1200 LT b. 1200 LT to 2000 LT c. 2000 LT to 2300 LT
3. A Flight nstructor may request a specific time period for WTR days on his original monthly schedule. These requests will be honored in seniority order.
4. When assigning a WTR time period for a canceled event the Company will assign the Flight nstructor to the time period corresponding to the canceled event.
5. The Company can change a Flight nstructor's assigned period with 96 hours' notice if the WTR day was part of his original schedule.
6. A Flight nstructor assigned a WTR day will be phone available beginning at 3 hours prior to scheduled time periods and will have at least 2 hours to report for duty.
Section 25 Scheduling P-25-11 7. A Flight nstructor may drop 1 WTR day per month from their original monthly schedule with a corresponding loss of pay. f after 6 months there is no adverse effect on the Company's ability to cover events, then the number of available drops will be increased to 2.
8. The Company will seek to minimize the number of WTR days on schedules except to the extent that reserve lines are created in a monthly schedule. f created, reserve lines will be assigned to the junior qualified Flight nstructor unless a more senior Flight nstructor expresses a preference for such line.
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P-26-1
26. GENERAL
A. Flight nstructors will be subject to the same travel pass policies afforded to line pilots under the CBA for personal travel.
B. Flight nstructors will be evaluated by supervisory pilots. Upon request, copies of original critique forms, performance evaluation forms, or any other reports used to evaluate a Flight nstructor, if any, will be provided to the Flight nstructor.
C. The Company may develop and maintain an nstructor Pilot Manual; however, in the event of a discrepancy between the nstructor Pilot Manual and this Agreement, the Agreement will take precedence. Flight nstructors and the Company will work together to review and revise the nstructor Pilot Manual.
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27. NSURANCE
Part , Section 27, nsurance, is incorporated herein.
(Assumes ALPA definition of disability in Section 27)
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28. RETREMENT
Part , Section 28, Retirement, is incorporated herein.
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29. AGENCY SHOP AND DUES CHECK-OFF
Part , Section 29, Agency Shop and Dues Check-Off, is incorporated herein.
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30. PAC CHECK-OFF
Part , Section 30, PAC Check-Off, is incorporated herein.
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32. DURATON
Part , Section 32, Duration, is incorporated herein.
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AP-1
LETTER OF AGREEMENT between EXPRESSJET ARLNES, NC. and the AR LNE PLOTS in the service of ATLANTC SOUTHEAST ARLNES, NC. and EXPRESSJET ARLNES, NC., as represented by the AR LNE PLOTS ASSOCATON, NTERNATONAL ________________________________________________________________
Process for nterim and Single Preferential Bidding Systems ________________________________________________________________
THS PROCESS FOR NTERM AND SNGLE PREFERENTAL BDDNG SYSTEMS LETTER OF AGREEMENT ("Agreement") is made and entered into in accordance with the provisions of the Railway Labor Act, as amended, by and between EXPRESSJET ARLNES, NC. (the "Company") and the ARLNE PLOTS in the service of ATLANTC SOUTHEAST ARLNES, NC. ("ASA") and EXPRESSJET ARLNES, NC. ("XJT"), respectively, as represented by the AR LNE PLOTS ASSOCATON, NT'L (the "Association" or "ALPA") by and through the ALPA Master Executive Councils of the Atlantic Southeast Pilots (the "ASA MEC") and ExpressJet Pilots (the "XJT MEC") (all collectively referred to as the "Parties").
Purpose of this Agreement: This Agreement sets out the process for maintaining separate monthly schedule bidding systems for a period of time and later harmonizing the two separate monthly schedule bidding systems used by the ASA and XJT pilots over a predetermined period and in the manner specified by this Agreement. This Agreement contemplates that: (1) pilots operating within the legacy ASA system (the "LASA System") will continue bidding their monthly work schedule through the Flightline preferential bidding system ("PBS"); (2) pilots operating within the legacy XJT system (the "LXJT System") will bid their monthly work schedule through either a non-PBS process, SmartPref, or Flightline, as provided for in this Agreement, and; (3) pilots operating in both the LASA and LXJT Systems will eventually bid their monthly work schedules through the same PBS based upon the terms and conditions contained in this Agreement.
Therefore, the Parties agree as follows:
A. Definitions:
The terms listed below, when used in this Agreement with their initial letters capitalized, are defined as follows: Appendix 1 Process for nterim and Single PBS AP-2
Combined Operations - the operation of ASA and XJT as a single air carrier under a single operating certificate issued by the Federal Aviation Administration, after the ratification of the JCBA, the implementation of the ntegrated Seniority List as provided in the Parties' Transition and Process Agreement dated January 26, 2011, and the merging of MECs as provided for in ALPA Merger Policy.
FIightIine - a preferential bidding system owned, as of the date of this Agreement, by Sabre Holdings Company.
Joint CoIIective Bargaining Agreement ("JCBA") - the single pilot collective bargaining agreement negotiated between ALPA and Atlantic Southeast Airlines, ExpressJet Airlines, and SkyWest, nc. and ratified by the appropriate ALPA, ASA MEC and XJT MEC officials and/or members.
Joint PBS Steering Committee ("JPSC") - a committee consisting of two (2) legacy ASA and two (2) legacy XJT members that works with management and the PBS vendors in negotiating, implementing, and overseeing the Flightline and SmartPref systems and carries out such other functions as defined in this Agreement.
Legacy ASA ("LASA") System - the flight operations conducted by pilots on the Atlantic Southeast Airlines, nc., System Seniority List during the period of Separate Operations. Once the Combined Operations exist, the Legacy ASA system will then be defined by the base, equipment, and seats (BES) flown by pilots on the Atlantic Southeast Airlines, nc., System Seniority List as of the last day of Separate Operations.
Legacy XJT ("LXJT") System - the flight operations conducted by pilots on the ExpressJet Airlines System Seniority List during the period of Separate Operations. Once the Combined Operations exist, the Legacy XJT system will then be defined by the base, equipment, and seats (BES) flown by pilots on the ExpressJet Airlines System Seniority List as of the last day of Separate Operations.
Separate Operations - the operations of ASA and XJT prior to the first date of Combined Operations.
SmartPref - a preferential bidding system owned, as of the date of this Agreement, by Crewing Solutions.
B. Monthly Bidding Systems Used During Separate Operations:
1. Legacy ASA System: Pilots operating within the LASA System shall bid their monthly work schedule through Flightline. The Joint Appendix 1 Process for nterim and Single PBS AP-3 Negotiating Committee ("JNC"), in consultation with the JPSC, shall negotiate any system modifications required to Flightline during joint negotiations.
a. When such negotiations occur, any disagreements amongst JNC or JPSC members shall first be resolved through collaborative decision-making, and if a disagreement still exists, through the ASA CNC or LASA JPSC members casting the deciding vote.
b. During the period of Separate Operations, LASA pilots operating any new equipment type or who are awarded or assigned to a new permanent or temporary crew base shall bid their monthly schedules through Flightline.
2. Legacy XJT System: Pilots operating within the LXJT System shall bid a monthly work schedule through a non-PBS process. Nothing shall prevent the LXJT MEC from continuing to develop and implement an automated secondary line construction process (for use with a non-PBS process) utilizing SmartPref.
a. During the period of Separate Operations, the XJT MEC may, with assistance from the JPSC, continue to explore, develop, and implement SmartPref as the replacement to the non-PBS process.
b. The JPSC will participate in a collaborative manner in negotiating, implementing, and overseeing the SmartPref system. f a disagreement exists amongst the JPSC members, they shall first try to resolve the disagreement through collaborative decision-making, and if a disagreement still exists, through the LXJT members casting the deciding vote.
c. During the period of separate operations, LXJT pilots operating any new equipment type or who are awarded or assigned to a new permanent or temporary crew base shall bid their monthly schedules through the processes provided in this Section B.2.
C. Monthly Bidding Systems Used After Combined Operations Through the Duration of the JCBA:
1. Legacy ASA System: Pilots operating within the LASA System shall bid a monthly work schedule through Flightline unless a successor system is negotiated and implemented as part of the Section 6 negotiations to amend the JCBA. Any system modifications required to Flightline after the Combined Operation occurs shall be negotiated Appendix 1 Process for nterim and Single PBS AP-4 by the JPSC. f such negotiations materialize, any disagreement amongst JPSC members shall first be resolved through collaborative decision-making, and if a disagreement still exists, through the LASA JPSC members casting the deciding vote.
2. Legacy XJT System: Pilots operating within the LXJT System shall bid a monthly work schedule through a non-PBS process, which may be augmented by using SmartPref in the secondary line construction process. The JPSC may develop SmartPref as a replacement for the complete non-PBS scheduling process. f a disagreement amongst JPSC members arises over any SmartPref related issues (including system modifications after full implementation), it shall first be resolved through collaborative decision-making, and if a disagreement still exists, then through the LXJT JPSC members casting the deciding vote.
a. Pilots operating within the LXJT system shall continue bidding their monthly schedule as provided in Section B.2. of this Agreement for a period of up to twenty-four (24) consecutive months from the JCBA's ratification date.
b. f SmartPref is fully operational ("fully operational" means that pilots operating within the LXJT System are live bidding their monthly schedule [which may include the use of a supplemental process that fills in the PBS bid result] for actual use through the SmartPref PBS) in twenty-four (24) consecutive months from the JCBA's ratification date, then pilots operating in the LXJT system shall continue using that system for the period provided in Section D.2., below.
c. f SmartPref is not fully operational as defined in Section C.2.b., above, then further development of SmartPref will cease and such pilots will begin using Flightline. This conversion to Flightline will occur as soon as practicable following the necessary time for completing any administrative and pilot educational requirements, which shall not exceed six (6) full bid periods. The JPSC and Company will agree in advance on the process for conducting this transition, including the release of pilot trainers, necessary training materials, the use of practice bids, and similar topics.
d. Notwithstanding Section C.2., above, the LXJT MEC (or, if there is a combined MEC, the LXJT members of the JPSC) may discontinue developing SmartPref within the twenty-four (24) consecutive month period from the JCBA's ratification date. Pilots operating within the LXJT System will then begin Appendix 1 Process for nterim and Single PBS AP-5 using Flightline for bidding their monthly work schedule as soon as practicable following the necessary time for completing any administrative and pilot educational requirements, which shall not exceed six (6) full bid periods. The JPSC and Company will agree in advance on the process for conducting this transition, including the release of pilot trainers, necessary training materials, the use of practice bids, and similar topics.
3. New Base/Equipment: f the Company acquires a new aircraft type or opens a new permanent or temporary pilot base after the Combined Operations, the combined XJT MEC, with guidance from the JPSC, shall select the PBS for use by the applicable pilots. n doing so, the combined XJT MEC will factor in:
a. The intent of this Agreement wherein legacy pilots from each group remains with their respective PBSs;
b. Which pilots are affected based upon where they came from (including any displacements and downgrades) and the PBS they previously used;
c. Pilot preferences;
d. The guidance from the JPSC;
e. Whether the equipment, if applicable, are new or replacement aircraft; and
f. Recommendations from appropriate National Officers and ALPA staff members.
D. Duration of a Single or Multiple PBSs:
1. Flightline in Use: f all pilots are using Flightline as provided by this agreement, they will continue using Flightline for the duration of the JCBA, including any status quo period.
2. Flightline and SmartPref in Use: While the LASA pilots are continuing to use Flightline, if the LXJT pilots begin bidding their monthly work schedules through SmartPref as provided in Sections B.2.a. and B.2.b., above, then the following provisions shall be used to determine the single PBS system:
a. No less than six (6) months prior to the JCBA's amendable date or the early open date, whichever is sooner, the JPSC members will ensure that they are familiar with both PBSs. The Appendix 1 Process for nterim and Single PBS AP-6 JPSC will then oversee a comprehensive and balanced education campaign directed to all pilots explaining the differences (including advantages and disadvantages, if any) between the two systems, providing demonstrations and opportunities for pilot evaluation of each system.
b. Following the education campaign described in Section D.2.a., above, the JPSC members will provide the MEC and pilot group with a balanced report derived from their research of the two systems.
c. After the publication of the JPSC report in paragraph b., above, and prior to the amendable date, the Association will hold a pilot group vote in accordance with ALPA policy to select either SmartPref or Flightline as the single PBS system.
d. The result of the vote will be implemented on the amendable date. Pilots who transition from one system to another will be given the transition period specified in paragraph C.2.c., above.
E. General:
1. Modifications to this Agreement: The President of the Association shall not sign any amendment, modification, successor document, or interpretation to this Agreement unless it is:
a. n writing;
b. Approved by the separate MECs or combined MEC, as applicable, following counsel from the JPSC;
c. Signed by the separate MEC Chairmen or MEC Chairman if the MECs are combined;
d. Signed by the Company, and;
e. s in accordance with ALPA's Constitution and Bylaws.
2. Dispute Resolution: Any disputes arising out of this Agreement shall be resolved as follows:
a. Any dispute occurring between the Company and the MECs or combined MEC, as applicable or solely between the LASA MEC and LXJT MEC shall first be memorialized in a written notice between the Company and the MECs or combined MEC, as applicable, or between the two MECs, with counsel from Appendix 1 Process for nterim and Single PBS AP-7 JPSC. A conference shall then occur within fourteen (14) calendar days of the notice's receipt. Failing to agree on a solution during the conference, either an MEC or MECs or Company may then submit the dispute for prompt decision by a special board of adjustment, sitting only with a single arbitrator, who will be either Fred Horowitz or ra Jaffe whoever is first available. The arbitration shall be held on that first available date and the arbitrator shall issue an opinion and award within seven (7) days of the hearing, unless otherwise agreed. The special board of adjustment may choose to rely on presentations of representatives or counsel in lieu of testimony, and may require briefs in lieu of summations.
b. The Company and the MECs or combined MEC, as applicable, may agree to utilize mediation or mediation/arbitration in lieu of the traditional arbitration model provided in Sections E.2.a., above.
c. The jurisdiction of the arbitrator or mediator/arbitrator provided for in this Section E.2. shall not include selecting a PBS for use by pilots.
3. Joint PBS Steering Committee ("JPSC"):
a. So long as the ASA MEC and XJT MEC continue as separate MECs, each of them will select their respective members of the JPSC and may replace them in accordance with their respective MEC procedures for replacing members of a committee. Following the creation of a combined MEC, should a member of the JPSC become unable or unwilling to continue in office, the remaining member from his respective pilot group will select his replacement from that group, and such replacement will have all the duties, responsibilities, and authority of his predecessor.
b. f a disagreement amongst the JPSC, other than those addressed in Sections B.1.a., B.2.b., C.1., and C.2., above, arises, the JPSC or any member(s) of the JPSC shall advise the President of the Association (with a copy to the Director of Representation) of the disagreement. Within twenty-one (21) calendar days, the President of the Association, or his designee, will meet with the JPSC in order to assess the situation and work with the JPSC members to reach an amicable solution. f a solution is not reached within seven (7) calendar days from the first day of the President, or his Appendix 1 Process for nterim and Single PBS AP-8 designee's meeting with the JPSC, then the following shall apply:
(1) The JPSC or any member(s) of the JPSC may ask for expedited mediation/arbitration with Arbitrator ra Jaffe, which shall take place within thirty (30) calendar days from the notification to the arbitrator, or as soon thereafter as the arbitrator's calendar will permit. This may require the JPSC members to travel to the arbitrator or work on weekends or scheduled days off, if necessary.
(2) The JPSC shall represent themselves in such hearings.
(3) The arbitrator's decision shall not violate Section E.2.c., above, and shall be in a concise, written format that is final and binding on the JPSC and MEC or MECs, as applicable.
c. The JPSC shall discontinue all work and cease operation as provided for in this Agreement if the LASA and LXJT pilots are bidding their monthly work schedules through a single PBS as provided in Section D.1., above. This discontinuance will occur upon the later of: six (6) months after both the LASA and LXJT pilots begin live bidding their entire monthly schedules for actual use through the same PBS or the resolution of any outstanding disputes as may have been initiated under Section E.3.b., above.
F. Effective Date and Duration:
This Agreement becomes effective on the date of signing, and remains in effect concurrent with the Parties' JCBA but may only be changed as provided in Section E.1. above.
N WTNESS WHEREOF, the parties have signed this Agreement, this __ day of ________, 2013.
For the Association For the Company
__________________ __________________ Chris Grable Brad Holt Chairman President & COO XJT MEC ExpressJet Airlines, nc. Appendix 1 Process for nterim and Single PBS AP-9
__________________ __________________ David Nieuwenhuis Charlie Tutt Chairman Vice President, Flight Operations ASA MEC ExpressJet Airlines, nc.
__________________ John Wood Co-Chairman ASA/XJT Joint Negotiating Committee
__________________ Edward Fortaw Co-Chairman ASA/XJT Joint Negotiating Committee
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