EXHIBIT
10.1
AGREEMENT
BETWEEN
CHAUTAUQUA AIRLINES, INC.
AND THE
FLIGHT ATTENDANTS
IN THE SERVICE OF
CHAUTAUQUA AIRLINES, INC.
AS REPRESENTED BY
THE INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, AFL-CIO
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Table of
Contents
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REDUCTION IN
FORCE OR FURLOUGH
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TRANSFER TO
MANAGEMENT DUTY
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NOTICES TO
FLIGHT ATTENDANTS
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SYSTEM BOARD OF
ADJUSTMENT
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MISSING,
INTERNMENT, HOSTAGE OR PRISONER OF WAR BENEFITS
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ARTICLE
1
RECOGNITION AND
SCOPE
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A.
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Pursuant to the
certification by the National Mediation Board in Case No. R-6225
dated January 3, 1994, Chautauqua Airlines (the Company) recognizes
the International Brotherhood of Teamsters, Airline Division (the
Union/IBT), as the duly designated and authorized representative of
the Flight Attendants in the employ of the Company for the purposes
of the Railway Labor Act, as amended.
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B.
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The purpose of
this Agreement, in the mutual interest of the Company, the Union,
and the Flight Attendants, is to provide for the operation of the
Company under methods which will further to the fullest extent
possible the safety of air transportation, the efficiency of
operation, and the continuation of employment of Flight Attendants
under conditions of reasonable working conditions and proper
compensation, and the profitability of the Company. It is
recognized to be the duty of the Company, the Union, and the Flight
Attendants to cooperate fully for the attainment of these
purposes.
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C.
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This Agreement
supersedes all existing or previously executed agreements by and
between the Company and the Union or any other labor organization
or individual with respect to the rates of pay, rules, or working
conditions specifically covered by the provisions of this Agreement
in accordance with the provisions of the Railway Labor Act, as
amended. Any and all subsequent agreements between the parties
shall be reduced to writing, signed by their authorized
representatives, and become a part of this Agreement.
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D.
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Whenever the
words “Flight Attendant" are used in this Agreement, they
designate and refer only to Flight Attendant(s) covered by this
Agreement. It is further recognized that whenever in this Agreement
Flight Attendant(s) are referred to in either the masculine or
feminine gender, it shall be understood to mean both male and
female Flight Attendants.
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E.
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In accordance
with applicable law, there shall be no discrimination by either
party against any Flight Attendant because of age, race, sex,
color, religion, union activity, national origin, sexual
orientation, handicap or disability that would not prevent them
from safely performing the duties of a Flight Attendant.
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1.
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This Agreement
covers the Company, any subsidiary of the Company, the
Company’s parent, any subsidiary of the Company’s
parent and any future airline certificate(s) created as a
subsidiary of the Company or subsidiary of the Company’s
parent.
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2.
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Except as
otherwise provided in this Agreement, all present and future cabin
passenger service (including that international cabin service which
originates or terminates within the United States or its
possessions) including all charters or other utilization of
aircraft owned or leased by the Company, the Company’s parent
or any subsidiary of the Company or subsidiary of the
Company’s parent shall be performed by Flight Attendants on
the Chautauqua Airlines Flight Attendants’ System Seniority
List in accordance with the terms and conditions of this Agreement
or any other applicable agreement between the Company, the
Company’s parent or any subsidiary of the Company’s
parent and the International Brotherhood of Teamsters, Airline
Division.
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3.
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The Company,
Subsidiary of the Company, the Company’s Parent or Subsidiary
of the Parent shall not establish any new airline (alter ego or
otherwise) or acquire a controlling interest in any carrier whether
directly or through the Parent or another Subsidiary of the Parent,
and maintain it as a separate carrier to avoid the terms and
conditions of this Agreement. A “Controlling Interest”
or “Control” means the ownership of an equity interest
representing more than fifty percent (50%) of the outstanding
capital stock of an entity or voting securities representing more
than fifty percent (50%) of the total voting power of outstanding
securities then entitled to vote generally in the election of such
entity’s board of directors or other governing
body.
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4.
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The Company
will not transfer aircraft, routes or operating authority to its
Parent, a Subsidiary of the Parent, or to a Subsidiary of the
Company for the purpose of evading the terms of this Agreement. The
Company will also not establish a third party leasing device to
evade the terms of this agreement.
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The Company will not enter into any
dry lease or wet lease agreement, or contract with or for any other
carrier or entities (government, military or commercial) without
mutual agreement with the Union. Code share agreements with other
air carriers do not constitute contracts subject to this
provision.
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1.
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No Flight
Attendant within the bargaining unit will be reduced in status or
lose any income or employee benefits while discussions are taking
place.
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2.
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The Union will
not decline to agree to a dry lease when such dry lease is for the
sole purpose of leasing out excess aircraft owned or leased by the
Company. Such dry lease will not result in the reduction in status
or the furlough of any Chautauqua Flight Attendant in cases where
the dry lease provides a profit to the Company. At the request of
the Union it may review the actual dry lease documents.
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The Company shall not establish a
Flight Attendant Base outside of the 48 Contiguous United States
and the District of Columbia without providing advance, written
notice to and bargaining with the Union at least sixty (60) days
prior to any bid establishing such Base. Unless and until the
Company and the Union reach agreement on different terms and
conditions for the foreign base operation, Flight Attendants
assigned to such Base shall be covered by all terms of this
Agreement. In the event that the parties cannot reach agreement on
the terms and conditions of the foreign base operation by the end
of the 60 day period referenced above, the dispute shall be handled
in accordance with the procedures set forth in Paragraph M, below
of this Agreement. In any proceeding related to the enforcement of
the obligations of this paragraph, the Company will not raise
non-applicability of the Railway Labor Act as a defense. Disputes
concerning Flight Attendants based at foreign Bases shall be heard
by the System Board of Adjustment, as set forth in this Agreement,
and the decision of the System Board in such cases shall be
enforceable in any court of competent jurisdiction in the United
States to the same extent and in the same manner as other cases
arising out of interpretation and application of this
Agreement.
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1.
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No Flight
Attendant on the Chautauqua Flight Attendant Seniority List as of
the date of signing of this Agreement shall be furloughed, except
as may be otherwise provided in Article 1.I.2., below.
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2. The Company shall be excused from compliance
with the provisions of Article 1.I.1., above to the extent that a
circumstance over which the Company does not have control is the
cause of such noncompliance. The term “circumstance over
which the Company does not have control” means an act of
nature; a work stoppage by a union-represented employee group at
the Company or at an air carrier whose designator code the Company
utilizes in holding out its services to the public; grounding of a
substantial number of the Company’s aircraft by a government
agency or by voluntary action of the Company for safety reasons in
lieu thereof; reduction in flying operations because of suppliers
being unable to provide sufficient critical materials for the
Company’s operations, revocation of the Company’s
operating certificate(s), war, terrorism or national emergency, the
Company being unable to retain or obtain sufficient aircraft to
utilize all Flight Attendants protected from furlough or as a
result of adverse economic, market or business conditions that may
directly impact the Company’s operations.
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J.
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Nothing in this
Agreement shall prevent the Company from acquiring, establishing or
merging with another air carrier, in accordance with the procedures
and safeguards prescribed by this article, provided that the
Company will not acquire or establish another air carrier
(alter-ego or otherwise) to replace flying performed by the Company
or to avoid the terms and conditions of this Agreement.
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1.
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This Agreement
shall be binding upon any successor including, but not limited to,
any merged company or companies, purchaser, assign, assignee,
transferee, administrator, receiver, executor and/or trustee
(hereinafter “successor”), of the Company which
acquires ownership and/or control of all or substantially all of
the equity securities and/or assets of the Company (a
“Successor Transaction”). For the purpose of this
paragraph, a successor or assign shall be defined as an entity
which acquires all or substantially all of the assets or equity of
the Company through a single transaction or a multi-step related
transaction which closes within a twelve (12) month period. The
Company agrees to give written notice of the terms of this
Agreement to a proposed successor before concluding any Successor
Transaction.
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2.
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In the event of
a Successor Transaction, as defined in paragraph K.1., above, the
following provisions shall apply regardless of whether one or more
than one carrier survives the transaction or whether formerly
separate operations are to be integrated:
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a.
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Unless and
until any operational merger is finally effectuated, the Company
and/or the successor shall continue to recognize the Union as the
representative of the pre-transaction Company Flight Attendants, so
long as such recognition is consistent with the Railway Labor Act
and any applicable rulings or orders of the National Mediation
Board.
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b.
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Subject to
applicable securities and other laws and regulations, the Company
shall review with the Union the details of any material agreements
relating to a Successor Transaction in a timely manner, provided
that no financial or other confidential business information need
be disclosed unless suitable arrangements are made for protecting
the confidentiality and use of such information.
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c.
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The Company, or
the successor if different from the Company, shall continue to
employ the Flight Attendants on the Chautauqua Flight Attendant
System Seniority List, including any such Flight Attendants on
leave or furlough status at the time of the Successor Transaction,
subject to the terms of this Agreement.
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d.
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Where formerly
separate operations eventually are to be integrated, the Flight
Attendant groups shall be kept separate until their seniority lists
are integrated in accordance with the requirements of this Section.
During such time of separate operations, neither aircraft nor
Flight Attendants shall be interchanged without the Union’s
written consent.
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e.
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So long as the
Flight Attendant groups remain separate, the rates of pay, rules
and working conditions set forth in this Agreement shall be
observed with respect to the Flight Attendants whose names appear
on the Chautauqua Flight Attendant System Seniority
List.
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L.
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Labor
Protective Provisions
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The Company shall not enter into any
agreement to a Successor Transaction unless the other party to the
transaction agrees in writing, as a condition of the transaction,
to (1) provide Labor Protective Provisions for Chautauqua Airlines
Flight Attendants no less favorable than the Labor Protective
Provisions specified by the CAB in Sections 3 and 13 of
Allegheny-Mohawk relating to fair and equitable seniority
integration; (2) assume the terms of this paragraph L. and
paragraphs K. above and M. below. This paragraph L. shall remain in
full force and effect concurrently with this Flight Attendant
Agreement and ensuing Flight Attendant Agreements.
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M.
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Any grievance
arising under this Article 1 shall be arbitrated on an expedited
basis directly before the System Board of Adjustment pursuant to
Article 19 of the Agreement and the following provisions. If a
mutually agreed upon arbitrator cannot be selected within three (3)
days of the submission to the System Board, an arbitrator will be
selected pursuant to Article 19 of this Agreement, with selection
to be completed within three (3) days of receipt of a list of
proposed arbitrators. The dispute shall be heard no later than
sixty (60) days following the submission to the System Board
(subject to the availability of the arbitrator), and shall be
decided no later than thirty (30) days following conclusion of the
hearing. The time limits set forth in this paragraph may be
extended only by written Agreement of the Company and the
Union.
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ARTICLE
2
DEFINITIONS
“Add” -- means to pick
up open time as provided in Article 6 to increase the Flight
Attendant’s scheduled line.
“Agreement”-- means this
Collective Bargaining Agreement between the Company and the Union
when the word is capitalized.
“Active Status” -- means
on the Company payroll and subject to work assignment, or on paid
time off. A Flight Attendant on leave of absence or furlough is not
on active status.
“Base” -- means a
geographical location where Flight Attendants are stationed from
which a Flight Attendant’s duty assignments are calculated to
begin and end. The terms “base” and
“domicile” shall be synonymous for purposes of this
Agreement.
“Bid” -- means the
Standing Bid, Monthly Bid, Vacation Bid, or other Bid where Flight
Attendants may submit their preferences as set forth in this
Agreement.
“Bid Award” -- means an
awarding of an assignment based on seniority, or as otherwise
provided in the Agreement.
"Block - to - block" -- means the
elapsed time starting with the removal of the chocks or other
restraining devices from the wheels of the aircraft when the
aircraft first moves for the purpose of flight under its own power,
and ending when the chocks or other restraining devices are
replaced.
“Calendar Day” -- means
midnight to midnight local base time.
“CDO” - (Continuous Duty
Overnight) -- means a single duty period that crosses over midnight
and has certain rights and restrictions which are contained in
Articles 6 and 24 (Scheduling/Hours of Service).
"Charter" -- means an off-line or
on-line revenue passenger flight that is not a regularly scheduled
flight. Extra sections are not considered charter
flights.
"Chautauqua Flight Attendants’
System Seniority List” -- means a list of Flight Attendants
in the employ of the Company listed in order of
seniority.
"Check Flight Attendant"-- means a
Flight Attendant selected and retained at the discretion of the
Company, in accordance with Article 8. A check Flight Attendant
will perform duties which include line checks, IOE, and other
Inflight training.
“Composite Line” --
means a monthly Schedule constructed by utilizing pairings not
assigned to regular lines in accordance with the work rules of this
Agreement that may consist of days off, reserve days, and all known
activity (e.g.; training and vacation, etc)
“Credit Hour” -- means
the hourly unit by which Flight Attendants will be compensated as
set forth in this Agreement.
“Crewmember” - means a
member of the Flight Crew, which include Pilots (Captain and First
Officer) and Flight Attendant.
"Date of Hire" -- means the date on
which a Flight Attendant first reports for Flight Attendant
training by the Company.
"Day"-- means a calendar
day.
"Day Off" -- means a day free from
all duty required by the Company at base.
“Deadhead” -- means a
Crewmember(s) flying or taking surface transportation to or from a
flight or operational assignment at the Company's
direction.
"Domestic" -- means the forty-eight
(48) contiguous states and the District of Columbia.
"Domicile" -- (see
”Base”).
“Drops” -- means the
removal of flight(s) from a Flight Attendant’s line and
placing it into open time, with the approval of
scheduling/planning.
“Dry Lease” -- means an
agreement with another carrier in which the Company provides
aircraft to the other carrier.
“Duty Day” -- means a
calendar day in which a duty period begins or ends and all calendar
days away from base while flying a pairing (including deadheading).
Also, any calendar day scheduled for training or other Company
directed business.
“Duty Time, Duty Period”
-- The elapsed time from the time a Flight Attendant is required to
report for duty or the actual reporting time, whichever is later,
until the time the Flight Attendant is released from
duty.
“Entity” -- means a
natural person, corporation, association, partnership, trust or any
other form for conducting business.
“Flight Attendant” --
means an employee of the Company whose name appears on the Flight
Attendant seniority list and whose duties, as a crewmember, include
ensuring the safety of passengers, and the performance of Inflight
service duties as assigned by the Company.
"Flight Time" means block-to-block
time.
“Hot Reserve” -- means a
period of time when a Flight Attendant is required to be on reserve
at her base airport or in another base airport.
“Immediate Family
Member” -- means the employee, spouse, dependent children
(including legally adopted) under age 21, and parents of the
employee.
“International” -- means
any point or area outside the forty-eight (48) contiguous United
States and the District of Columbia.
“Line Value” -- means
the time value of a Flight Attendant’s final bid award
consisting of scheduled block time or actual flight time, whichever
is greater, inclusive of the value of any assignments to training,
to include paid sick/vacation leave, that may be adjusted for trip
trades or drops.
“Longevity” -- means the
period of time a Flight Attendant has actively served as a Flight
Attendant with the Company. Longevity commences on the Flight
Attendant’s first day of Flight Attendant
training.
“Month” -- means the
period starting from the first day of, to and including the last
day of each calendar month of the year, except that for Flight
Attendant scheduling and pay purposes, January, February, and March
will each be considered a thirty (30) day month through the
addition of January 31 and March 1 to the month of February. Leap
year results in February being a 31-day month.
“Monthly Guarantee” --
means the minimum Flight Attendant pay hours in a contractual month
pay period as set forth in this Agreement.
“Monthly Bid Award” --
means a bidline awarded in accordance with the terms of this
Agreement, consisting of known trip pairings, training days,
reserve days and/or days off.
“Offer” -- means a
Flight Attendant making a trip available for pick up by another
Flight Attendant, as provided in Article 6.H.4.
“Operational Necessity”
-- means actions taken by the Company after careful planning and
analysis, and not arbitrarily or capriciously. Examples of such
reasons shall include, but are not limited to, the following: 1. To
avoid a potential flight delay, 2. To avoid a potential flight
cancellation, and 3. To fulfill FAA/regulatory
requirements.
“Pairing” -- see Trip
Pairing.
“Per Diem” -- means the
hourly expense allowance a Flight Attendant receives for incidental
expenses, e.g., meals, tips, etc., in accordance with this
Agreement.
“Preferential Bid System
(PBS)” -- means a system that constructs monthly schedules
for Flight Attendants based on an individual’s preferences
and seniority.
“Probationary Period” --
means a Flight Attendant’s first nine (9) months of active
service (exclusive of furlough or leave of absence) with the
Company from the Flight Attendant’s date of hire.
Rescheduled” -- means a change
to the Flight Attendant’s original scheduled
assignment.
“Regular Bid Line” --
means a schedule built in accordance with work rules of this
Agreement which consists of trip pairings, training, vacation, days
off, etc. and will not include any reserve time.
“Release Time”-- means
the time when a Flight Attendant is released from Company
duty.
“Report Time” -- means
the time a Flight Attendant is scheduled to report for duty or the
time she actually reports, whichever is later.
"Reserve Line" means a schedule
built in accordance with work rules of this Agreement that includes
days of availability for duty, days off, and vacation.
“Rest Period” -- means a
period of time, free from all duty as provided in Article
24.
“Scheduled Block Time”
-- means the scheduled time contained in a pairing that delineates
Block out and Block in times of flight segments.
“Seniority” -- means the
length of service as a Flight Attendant with the
Company.
“Subsidiary” -- means
any entity that is controlled by the Company or the Parent as
defined above, herein.
“Seniority Date” --
means the date the Flight Attendant first entered initial training
incident to employment as a Flight Attendant for the
Company.
“Standing Bid”-- means
the method by which a Flight Attendant expresses a preference for
vacancies or future vacancies.
“Standing Monthly Bid”
-- means the method by which a Flight Attendant expresses a
preference for a monthly schedule in lieu of engaging in the bid
process for that month.
“Tidying” -- includes
but is not limited to the straightening of seatbelts and seatbacks,
stowing of pillows / blankets, and removal of trash (excluding
bodily fluids), but does not include mopping or vacuuming of
floors, cleaning of lavs, wiping down work surfaces and tray
tables or other heavy cleaning.
"Trip" -- see Trip
Pairings.
“Trip Pairing / Trip /
Pairing” -- means a flight or series of flights that are
paired together and beginning at the Flight Attendant’s base
and ending at the Flight Attendant’s base. Trip pairings may
include deadhead.
"Vacancy" means a position(s) in a
particular base in excess of the number of Flight Attendants
already in that base.
“Vacation Bank” -- means
the balance of a Flight Attendant’s accrued
vacation.
“Vacation Day” -- means
a calendar day scheduled in accordance with Article 28, free of all
duty.
"Wet Lease" -- means an agreement
with another air carrier in which the Company provides an aircraft
and crew to the other air carrier.
ARTICLE
3
COMPENSATION
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1.
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Flight
Attendants will be paid for flight time based on status and
longevity in accordance with the hourly rates below. In computing
hours for pay purposes, the actual time flown or the scheduled
block time, whichever is greater, will be used.
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Longevity
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DOS
2005
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DOS +
1 year
2006
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DOS +
2 years
2007
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DOS +
3 years
2008
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DOS +
4 years,
minus 1
day
2009
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0-6
mo.
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7-12
mo.
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Year
2
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Year
3
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Year
4
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Year
5
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Year
6
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Year
7
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Year
8
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Year
9
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Year
10
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Year
11
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Year
12
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Year
13
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Year
14
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Year
15
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2. A Flight Attendant who reaches the top of the
scale set out above will receive an additional $.50 per hour on
each longevity anniversary date thereafter, up to a maximum of
$2.50 over the scale.
3. New hire Flight Attendants will be paid at the
applicable minimum wage rate for all hours worked in a work week
for the first 3 weeks of new hire training. During IOE they will
receive flight pay at the applicable rate.
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1.
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A Flight
Attendant who is available for duty for the full month will be
guaranteed a minimum of seventy-five (75) hours of flight pay per
month thereafter, except as otherwise provided in this
Agreement.
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2.
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A Flight
Attendant who is unavailable for part of a month will have her
guarantee prorated (except for paid vacation or paid sick
leave).
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3.
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New-hire Flight
Attendants will be entitled to the monthly guarantee as provided in
1. and 2. above, upon completion of IOE.
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When the Company achieves a
ninety-eight point five percent (98.5%) completion factor for the
month, a Flight Attendant who has been available for duty during
the entire month will receive the greater of one hundred percent
(100%) of her final bid award line value or her actual flight time,
adjusted for trip trades or drops.
Whenever a Flight Attendant is
available for a scheduled trip and is rescheduled to perform
different flying, she will be paid the originally scheduled block
time or the actual hours flown, whichever is greater. This
provision does not apply to cancellation of all or part of a trip
where no rescheduling for the period of cancellation occurs nor
does it apply where the Flight Attendant does not fly all or a
portion of a trip and is not rescheduled to perform different
flying.
When a Flight Attendant is required
to deadhead, she will be credited with seventy-five percent (75%)
of the scheduled block time of the deadhead. If no block time is
established, then the actual time will be used for air
transportation. If required to deadhead via surface transportation,
she shall be credited with fifty percent (50%) of driving time
based upon AAA mileage at 50 MPH. A day consisting solely of
deadhead to or from a flight assignment shall be considered a work
day.
A Flight Attendant who clears
Customs during an overnight assignment will receive an eighteen
(18) minute pay credit. There shall be one pay credit per
overnight.
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G.
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Check Flight
Attendant Pay
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A Check Flight Attendant will be
paid in addition to the rates above as provided in Article 8 Check
Flight Attendant.
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1.
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Flight
Attendants will be paid on a semi-monthly basis, i.e., twenty-four
(24) pay periods per year.
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2.
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Flight
Attendants will be paid on the fifteenth (15th) and the last day of
each month. If the fifteenth (15th) or the last day of each month
falls on a Saturday or Sunday, Flight Attendants will be paid on
the preceding Friday. If the 15 th or the last day of
the month should fall on a holiday the paycheck will be available
on the work day immediately preceding the holiday. The paycheck on
the fifteenth (15th) of the month will include any adjustments for
any additional amounts owed the Flight Attendant from the previous
month.
|
|
3.
|
A Flight
Attendant will be paid, at her option, by direct deposit into an
account for that Flight Attendant at a financial institution of the
Flight Attendant’s choice.
|
|
4.
|
The Company may
choose to send the Flight Attendant her semi-monthly pay
information over the Company’s secure email
system.
|
|
5.
|
Longevity
increases will be paid as follows: The current month’s
guarantee will be pro-rated from the actual longevity date as
defined in Article 9 (Seniority). All pay over guarantee for the
month that the longevity anniversary occurs in will be included in
the paycheck on the 15th of the following month at the new
rate.
|
|
6.
|
Clerical pay
errors involving fifty ($50.00) dollars or more shall be reconciled
within five (5) working days after it is first brought to the
company’s attention. Errors of less than fifty ($50.00)
dollars will be reconciled in the next issued paycheck.
|
|
7.
|
When there is
an overpayment to a Flight Attendant, the Company will notify the
affected employee, provide documentation and substantiation of the
overpayment and arrange a mutually agreeable repayment schedule.
The Company may require the employee to authorize the Company to
deduct repayment from her subsequent check(s). The maximum amount
that can be deducted from each pay period shall be $50.00, unless
the amount of overpayment exceeds $500.00, in which case the
repayment amount will not be more than 20% of the original
overpayment amount per pay period. An employee and the Company may
agree to different repayment terms.
|
|
1.
|
A reserve
Flight Attendant called into work will be credited four (4) hours
towards her minimum monthly guarantee or the value of the
assignment, whichever is greater.
|
|
2.
|
A hot reserve
Flight Attendant will be credited five (5) hours towards her
minimum monthly guarantee or the value of the assignment, whichever
is greater.
|
|
1.
|
A Flight
Attendant who attends a day of recurrent training will be paid four
hours (4) flight pay for up to six (6) days in any calendar
year.
|
|
2.
|
If the Company
elects to use any method of training such as “home
study” to comply with FAA requirements, a Flight Attendant
will be paid and credited with one (1) hour of flight pay for every
two (2) hours of FAA-approved training credit earned in home
study.
|
|
3.
|
A Flight
Attendant in training will be paid no less than the minimum monthly
guarantee.
|
|
4.
|
Flight
Attendants receiving Line Checks and Operating Experience will be
paid in accordance with this Article 3.A.
|
|
1.
|
For the
purposes of this Article, scheduled block (segment) times will be
determined using the average of historic en-route (block-to-block)
times between city pairs by type of equipment and as attached
hereto as Appendix A.
|
|
2.
|
Scheduled block
times will be reviewed by a joint Company/Union Scheduling
Committee every six (6) months using the prior twelve (12) months
to determine whether any adjustments are to be made.
|
|
3.
|
Adjustments will be made only when the
average varies from the established scheduled block time by seven
and one-half percent (7.5%) or more, plus or minus.
|
|
4.
|
When a new
route is established for which no segment time has been computed in
accordance with this section, the initial segment time will be
established based upon the marketing time for that segment. After
one hundred twenty (120) days of operation, the scheduled block
time will be reviewed.
|
|
5.
|
Non-scheduled
flights on routes where no established scheduled block time exists
will be credited on the basis of actual (block-to-block) flight
time.
|
|
6.
|
“Attempts,”“Ferries” and
“Diverted” flights will be paid on the basis of actual
(block-to-block) flight time. Taxi time not associated with a
flight will be credited at the rate of two-tenths (0.2) hours of
flight pay.
|
|
7.
|
Data necessary
for an accurate and complete review of segment times will be made
available to the Company/Union Scheduling Committee. After the
Union representatives have had an opportunity to review the data,
the Company will meet with those representatives upon request, at a
mutually agreeable time, to resolve any questions or disputes.
Members of the Company/Union Scheduling Committee will not disclose
any confidential or proprietary information provided pursuant to
this paragraph.
|
|
L.
|
A Flight
Attendant will not be called in for drug testing on a scheduled day
off. If drug testing occurs at the end of a trip pairing, the
Flight Attendant will be compensated at a rate of ten dollars
($10.00) per hour, or fraction thereof, prorated for all hours on
duty after block in plus fifteen (15) minutes after her last flight
segment. If the Flight Attendant is taken to an off-site facility
for the drug test, the Flight Attendant will be compensated one (1)
hour of flight pay above her guarantee.
|
If a Flight Attendant is requested
to report early, such Flight Attendant will be paid at the rate of
$10.00 per hour, or fraction thereof, prorated for all hours on
duty prior to her originally scheduled report
time.
A Flight Attendant who is assigned
to flight duty or reserve duty on any of the below listed holidays
will receive four (4) hours of flight pay in addition to her
monthly guarantee or flight pay accrued for that month.
|
New Year's Day
|
Easter
|
|
Memorial Day
|
Independence Day
|
|
Labor Day
|
Thanksgiving
|
|
Christmas
|
|
|
O.
|
Third Year
Anniversary Bonus
|
Each Flight Attendant in the employ
of the Company shall, upon completion of three (3) years of
service, receive three hundred dollars ($300), subject to
applicable deductions. All such payments shall be made no later
than the second paycheck following the 3 rd anniversary
of the Flight Attendants’ hire date with the
Company.
ARTICLE
4
EXPENSES
|
1.
|
The Company and
the Union will designate comfortable and adequate single occupancy
lodging at all overnight stations (including continuous duty
overnights), while a Flight Attendant is in training away from her
base, or on temporary duty assignments. The Company will pay the
cost of such rooms/lodging. The Company will request rooms on the
second floor or higher, with access to the room(s) available
through interior hallways only.
|
|
2.
|
The Company
will request that a hotel that provides a free continental
breakfast do so between the hours of 0500-0800.
|
|
3.
|
The Company
will provide the Union Hotel Committee Chairman written notice
within a reasonable time when it is considering an alternate or new
hotel. The Union Hotel Committee will provide the Company with its
comments and recommendations on any proposed changes. The Union
Committee may also make recommendations to the Company at any time
on current hotels.
|
|
4.
|
The Company
will make prompt inquiries into complaints related to deterioration
of service, safety or cleanliness at any facility that has been
approved for layovers. Prompt remedial action will be taken in
those cases where investigation affirms a deterioration of the
above conditions.
|
|
5.
|
In designating
layover accommodations, the Company will select hotels with normal
driving time from the airport not to exceed fifteen (15) minutes,
consistent with cost considerations.
|
|
6.
|
The Company
will provide adequate single occupancy hotel accommodations
whenever a Flight Attendant has a scheduled layover of five (5) or
more hours scheduled block-in to scheduled block-out.
|
|
1. Commencing with the first
of the month following ratification of this Agreement, Flight
Attendants shall be paid a per diem allowance of $1.55 per trip
hour (fractions will be prorated). Thereafter, per diem
|
|
rates shall
be increased $.05 annually effective on the
anniversary of the above date for the following four (4)
years.
|
|
|
|
2. A Flight Attendant will
receive per diem for each trip hour (from report time in Base to
release time in Base), training away from base, while on hot
reserve, temporary assignment or any other duty
away
|
|
from base assigned by the Company.
|
|
|
|
3. Per Diem will be included
in the first payroll check of the following month, and will
encompass all per diem owed for the previous month.
|
|
|
|
1.
|
The Company
will provide transportation between the airport and the lodging
facility. If there is no suitable eating facility at the hotel or
within reasonable walking distance (taking into account
environmental conditions), transportation will be provided to a
restaurant. If the usual transportation from the airport to a hotel
is not available within thirty (30) minutes following block-in, the
Company will reimburse a Flight Attendant for cab fare to the
hotel. A Flight Attendant using a taxi pursuant to this paragraph
must contact Crew Scheduling prior to calling for the taxi to
advise them of the circumstances. The Flight Attendant must provide
the Company with a receipt when she files for reimbursement. Only
one taxi per flight crew will be provided in these
circumstances.
|
|
2.
|
When a Flight
Attendant agrees to drive her personal vehicle at the request of
the Company, she will be reimbursed at the current Company mileage
rate or $.36 per mile point to point and return, whichever is
greater. A Flight Attendant will not be required to drive her
personal vehicle.
|
|
3.
|
The Company
will provide travel on a booked basis when a Flight Attendant is
deadheading on-line to/from the Flight Attendant’s base and
the point of her assigned duty. If the Flight Attendant is bumped
from such flight, the Company will book the Flight Attendant on a
positive space/must ride basis on the next available on-line
flight.
|
|
1.
|
The Company
will pay any fee associated with local and /or toll free calls made
from a layover hotel.
|
|
2.
|
When, due to
irregular operations, special assignments, etc., a Flight Attendant
incurs lodging or transportation expenses, she will be reimbursed
upon presentation of receipts for such expenses, provided she
requests and receives advance approval for such
expenses.
|
|
3.
|
At base or
another location of the Flight Attendant’s choice where free
parking is not available, the Company will pay for the cost of
parking while the Flight Attendant is performing duty. The Company
will not be required to pay for parking at more than one (1)
location per Flight Attendant, Co-Terminal operations
notwithstanding.
|
|
4.
|
Paying for
parking at a location other than the Flight Attendant’s base
shall be required only when such employee parking is available and
only to the extent of what the parking would have cost at the
Flight Attendant’s base.
|
|
5.
|
The Company
will reimburse each Flight Attendant for the cost of passports and
visas. The Company shall also reimburse the Flight Attendant for
any airport government charges incurred in traveling on Company
business.
|
|
a.
|
A Co-Terminal
Base is defined as a base that contains more than one airport to
which Flight Attendant may be assigned duty. (e.g. John F.
Kennedy/LaGuardia/Newark, Dulles/Washington National/Baltimore,
etc.) In the event the Company chooses to establish Co-Terminal
Bases the following terms shall apply:
|
|
b.
|
The Company
will make every reasonable effort to schedule a Flight Attendant to
begin and end a trip at the same airport. In the event a Flight
Attendant finishes a trip at a different airport from the airport
at which the trip originated, the Company will provide ground
transportation to the originating airport. Such transportation
between co-terminals will be considered deadhead. Upon conclusion
of the discussions provided for in e. below an appendix for travel
time between co-terminal airports will be published.
|
|
c.
|
The Flight
Attendant’s duty time will end upon return to the originating
airport.
|
|
d.
|
The Company
shall be responsible to ensure that the Flight Attendant does not
incur parking expenses in a co-terminal base that would not be
incurred if she were based in a single-airport base.
|
|
e.
|
At least 60
days prior to opening any co-terminal base, the Company will notify
the Union and meet to discuss the operation. The parties may agree
to other or different conditions applicable to a specific
co-terminal operation.
|
|
7.
|
Lodging and Per
Diem for New Hires
|
During initial new hire training all
Flight Attendant trainees will receive double-occupancy lodging and
Per Diem, provided their residence is outside a 50-mile radius of
the training location.
ARTICLE
5
MOVING
EXPENSES
Successful vacancy bidders, Flight
Attendants moving to a domicile upon initial employment, and Flight
Attendants making domicile swaps are not entitled to moving
expenses. The Company will pay moving expenses when a Flight
Attendant is involuntarily displaced to another domicile for any
reason.
A Flight Attendant eligible under
the preceding paragraph shall be entitled to:
|
1.
|
Actual moving
expenses for a professional mover, including packing materials,
shipping and insurance, of household goods and effects up to a
total weight of 10,000 lbs. Packing, unpacking, extra insurance and
storage are not covered. The mover must be approved by the
Company.
|
|
2.
|
The Company
will reimburse a Flight Attendant at the current Company mileage
rate or $.36 per mile, whichever is greater, for up to two (2) of
the Flight Attendant’s registered vehicles driven to the new
domicile, using the most direct mileage between domiciles. One car
may be moved prior to the move of the primary residence, and the
other (or both) cars would be moved in conjunction with the actual
move.
|
|
3.
|
The Company
will reimburse a Flight Attendant for meals and lodging for the
Flight Attendant and her immediate family for the time required to
travel to the domicile up to five days. A Flight Attendant will be
removed from trips and pay protected for the trips missed which
conflict with the time allowed for travel. A day of travel shall be
considered a minimum of three hundred fifty (350) miles by the most
direct AAA mileage. The daily allowance for meals shall be $25.00
per day for the Flight Attendant, $25.00 per day for the spouse
traveling with the Flight Attendant, and $15.00 per day for each
dependent traveling with the Flight Attendant.
|
|
4.
|
The Company
will pay up to two hundred dollars ($200.00) for termination and
hook-up of gas and electric utilities, telephone and cable
television (excluding deposits) resulting from a move to a new
domicile.
|
|
5.
|
If a lease is
broken as a result of moving to a new domicile, and a penalty is
incurred, the Company will pay the penalty, not to exceed two (2)
months rent.
|
|
6.
|
If immediate
occupancy of the new residence is impracticable because of time
constraints imposed by the Company, the Company will pay meal and
lodging expenses (consistent with paragraph B. above) for up to
seven (7) days. The Flight Attendant will make every effort to
minimize this expense. If the moving company reimburses the Flight
Attendant for these expenses, the Company will have no obligation
to make any additional payment.
|
|
7.
|
The
Company’s liability for moving expenses under this Article
shall not exceed seven thousand dollars ($7,000). Payment for cost
of moving household goods shall be paid directly from the Company
to the moving vendor. All other eligible benefits set forth in this
Article shall be paid to the Flight Attendant as per B. of this
Article.
|
A Flight Attendant who is moving her
primary residence will be entitled to four (4) consecutive days off
(inclusive of scheduled days off) for a move of seven hundred (700)
miles or less, plus one (1) additional day off for each three
hundred fifty (350) additional miles. These days off are to be
taken in conjunction with the actual move. The Flight Attendant
will be paid for the value of any trip(s) missed. Moving days may
not be requested during the weeks of Thanksgiving, Christmas, and
New Years. The Flight Attendant will coordinate scheduling of days
off for moving with the Director of Inflight.
|
1.
|
If a Flight
Attendant elects not to move, the Company will pay the Flight
Attendant two hundred fifty dollars ($250.00), which need not be
verified by receipts.
|
|
2.
|
When the
Company is required to pay moving expenses, nothing in this Article
is intended to prevent the Company and the Flight Attendant from
agreeing to an amount to be paid to the Flight Attendant in lieu of
the expenses set forth in this Article.
|
|
3.
|
When the
Company is required to pay moving expenses, the move must be
coordinated with the Inflight Department. Moving expenses should be
submitted within thirty (30) days after incurring the expenses.
Receipts must verify all moving expenses. The Company will not be
liable for any damages incurred during moving.
|
|
4.
|
The Company
will not be responsible for paying any expenses incurred under this
Article after one (1) year from the actual effective date of the
Flight Attendant’s assignment to the new domicile.
|
|
5.
|
If a Flight
Attendant elects to move herself, the rental truck and/or trailer,
packing materials, insurance, fuel, and two hundred dollars
($200.00) to offset other costs not included in this paragraph,
will be paid to the Flight Attendant.
|
|
6.
|
A Flight
Attendant who is eligible for Company paid moving expenses may
elect to have her move paid from a location other than the domicile
from which the Flight Attendant is being transferred. However, the
Company's financial responsibility will not exceed the cost of
moving the Flight Attendant from the domicile from which she
transferred to her new domicile.
|
ARTICLE
6
SCHEDULING
It is the Company’s
responsibility to determine adequate staffing levels taking into
account all known flying, vacations, known sick leave, scheduled
training, Company related business, and all known
absences.
|
B.
|
Bidding and
Awarding of Monthly Schedules
|
The Company will utilize and
maintain a Preferential Bidding System (PBS), meeting the
requirements in this Article and any other terms which have been
mutually agreed upon by the Company and Union, for the construction
and awarding of flight schedules. The Company will provide a means
of distribution and receipt of monthly bid packages and awards so
that all Flight Attendants have access to the bid process. This
will include allowing the Flight Attendants to confirm the
Company's receipt of their bids.
A Flight Attendant who will begin a
known training event, e.g. Initial (from the beginning of ground
school to completion of OE), New Equipment, or Recurrent Training
during the bid period may bid a schedule for that portion of the
month which she will be available.
|
2.
|
A Flight
Attendant who will be available to work during any part of the
month will be allowed to bid during the bidding process, and will
be awarded a schedule for that portion of the month which she will
be available.
|
|
3.
|
A Flight
Attendant must bid on an approved format submitted to Crew
Planning/Scheduling. A Flight Attendant will use the electronic bid
system set up by the Company unless an alternative method has been
approved by the Company.
|
|
4.
|
Bid packages
will be made electronically available via a home access computer
system and the Company computer terminals located in each Base on
or before the date of bid package distribution.
|
|
a.
|
Bid packages
will be made available to all Flight Attendants at each base at or
before 1200 hours on or before the 13th of the month prior to the
bid period.
|
|
b.
|
A Flight
Attendant must submit her bid by 1200 hours on or before the 17th
of the month prior to the bid period.
|
|
c.
|
The bid award
will be made available to all Flight Attendants by 1200 hours on or
before the 20th of the month prior to the bid period.
|
|
d.
|
A Flight
Attendant failing to make a bid or failing to meet the deadline
will be assigned a line in the awards as per her default
bid.
|
|
6.
|
The PBS System
will generate, track, and provide each Flight Attendant a unique
receipt for each bid supplied by the Flight Attendant.
|
|
7.
|
All eligible
Flight Attendants may bid for lines at their Base. All bids shall
be awarded in accordance with seniority. Awards will be published
and made available to all eligible bidders in each Base, either
electronically or hard copy, or both.
|
|
8.
|
The Company
shall make only the necessary adjustments to awarded lines to
correct errors and to ensure minimum days free from
duty.
|
|
9.
|
a. Flight Attendants will bid utilizing the preferential bidding
system.
|
b. Reserve line preferences will be used to construct reserve
lines. When the capacity is available through the PBS vendor,
awarding of Reserve lines will be through the PBS
System.
c. Guaranteed Low Time (GLT) lines will be bid and awarded within
each base in seniority order from a standing GLT lines
list.
d. CDO lines will be constructed manually and posted as
complete lines, to be bid concurrently with other lines.
e. Composite lines will be constructed after all other lines are
completed.
It is the responsibility of the
Company to prepare and publish the pairings to be bid on by the
Flight Attendants. The Company will consult with the Scheduling
Committee in the preparation and review of the pairings.
|
1.
|
The parties
will meet and confer quarterly or at such other times as mutually
agreed upon to review criteria for the construction of pairings to
be used in the scheduling of Flight Attendants and may jointly
agree to modify the criteria from time to time. The objectives for
the construction of pairings will be to:
|
|
a.
|
Maximize the
Flight Attendant’s flight time during a given duty
period.
|
|
b.
|
Ensure the
ability to carry out the marketing schedule while maintaining
on-time performance and schedule completion.
|
|
c.
|
Maintain a mix
of pairing types, e.g. 1-day, 2-day, 3-day, 4- day or 5-day
trips.
|
|
d.
|
Ensure
stability and continuity from one bid period to the
next.
|
2. All pairings used for the scheduling or
assignment of Flight Attendants will comply with all other
applicable provisions of the Agreement.
|
D.
|
Contents of the
Bid Package
|
|
1.
|
The bid package
for each Base will contain the following information:
|
|
a.
|
All known
flying arranged in trip pairings including the following schedule
information. The Company may withhold up to five percent (5%) of
known flying.
|
|
i.)
|
Report and
release times.
|
|
iv.)
|
Block and
credit time of each segment.
|
|
v.)
|
Block and
credit time of the pairing.
|
|
ix.)
|
Originating,
intermediate, and terminating station.
|
|
x.)
|
RON
information, including hotel information, ground transportation,
etc.
|
|
xii.)
|
Trip time (time
away from Base, or TAFB).
|
|
xiii.)
|
Aircraft type
(e.g., EM3,EM4,EM5).
|
|
b.
|
A list of
Flight Attendants eligible to bid in each Base (bid eligibility
list).
|
|
c.
|
Awarded or
assigned temporary vacancies.
|
|
d.
|
An anticipated
number of Regular lines.
|
|
e.
|
An anticipated
number of Composite/Reserve lines.
|
|
h.
|
Reserve windows
(defined twelve (12) hour callout blocks).
|
|
i.
|
Known training
assignments including applicable credit. Training dates will be
published two (2) months prior to training date and awarded one (1)
month prior to scheduled training date.
|
|
j.
|
A list of
Flight Attendants who are due for recurrent.
|
|
k.
|
All awarded and
available vacation time.
|
|
2.
|
Following
distribution, the Scheduling Committee may review the bid packages
for each Base. The review of a bid package will be completed within
twenty-four (24) hours of its distribution.
|
|
3.
|
When an error
or violation is found that would affect a PBS award, the Company
will reissue the affected bid package if necessary and may adjust
the time and dates for bidding, awarding, review and distribution
required for the correction.
|
|
E.
|
Line
Construction - Preferential Bidding System
|
|
1.
|
The following
procedures will precede line construction:
|
|
a.
|
The Company
will apply any known absence to a Flight Attendant’s
schedule. The virtual credit value of the known absence(s) will be
reflected in the total value of the line for purposes of the line
building parameters according to F.3 below.
|
|
b.
|
The following
virtual credits will apply to absences that are known prior to the
close of bids:
|
|
i.)
|
|
|
|
ii.)
|
|
|
|
iii.)
|
|
|
|
iv.)
|
|
|
|
v.)
|
|
|
|
vi.)
|
Company Offered
Leave (COL)
|
|
|
vii.)
|
|
|
|
viii.)
|
|
|
|
ix.)
|
|
|
|
x.)
|
|
|
|
xi.)
|
|
|
|
xii.)
|
|
|
|
xiii.)
|
|
|
|
xiv.)
|
|
|
|
xv.)
|
|
|
|
xvi.)
|
|
|
|
xvii.)
|
|
|
|
xviii)
|
|
|
|
xix)
|
|
|
|
c.
|
If a Flight
Attendant is withheld from service by the Company at the time of
bid closing she will bid for a schedule for the following bid
period in accordance with this section.
|
|
d.
|
When awarded in
a line, recurrent ground training, recurrent check rides, or any
Company business, will not reduce a Flight Attendant’s days
off to less than the scheduled minimum as set forth in Article 24
(Hours of Service).
|
|
e.
|
No later than
forty-eight (48) hours prior to the closing of each bid period, the
Company will make available to the Scheduling Committee the bid
eligibility list including known absences.
|
|
i.)
|
If the
Scheduling Committee discovers an error or a violation of the
Agreement in the bid eligibility list before the bids have been
awarded, the committee will notify the Company as soon as
practical. Prior to awarding the bids, the Company will correct any
error or violation that would affect the accuracy of the PBS
award.
|
|
ii.)
|
Prior to
awarding the bids for specific equipment and position, the Company
will correct any error or violation that it discovers in the bid
eligibility list that would affect the accuracy of the PBS
award.
|
|
2.
|
Each Flight
Attendant’s schedule will be constructed by the Company
utilizing the PBS. The PBS will determine the number of Regular
lines to be constructed. Until the PBS is capable of constructing
CDO lines, Composite lines and/or Reserve lines that comply with
this Agreement, the Company will manually construct such lines. All
Regular lines, CDO lines, Composite lines, and Reserve lines will
be awarded and/or assigned in accordance with a Flight
Attendant’s seniority, bid preferences and this
Agreement.
|
3. The PBS System, in accordance with this
Agreement, will construct:
|
a.
|
As many Regular
lines as practicable containing no less than 75 credit hours, and
no more than 92 credit hours (100 credit hours upon PBS
implementation of i.) below) which include:
|
|
i.)
|
The Company and
the Union will jointly work with the PBS vendor to develop and
implement options to create Regular lines to allow for Low Time
Schedules (LoSked), Average Line (AveLine) and High Time Schedules
(HiSked).
|
|
ii.)
|
A Regular line
holder will not be assigned charters or reserve days unless the
line holder bids for each respectively.
|
|
iii.)
|
Regular lines
will not contain out of Base trips.
|
|
iv.)
|
All lines will
have no less than the minimum days off in Base as provided for in
Article 24 (Hours of Service)
|
|
b.
|
Guaranteed Low
Time Lines
|
|
i.)
|
Guaranteed Low
Time (GLT) Holder is defined as a Flight Attendant who shall bid
for a line that consists of no less than thirty-seven and a half
(37.5) credit hours and no more than 52 credit hours. When a Flight
Attendant is awarded a GLT line, her guarantee will be thirty-seven
and a half (37.5) credit hours.
|
|
ii.)
|
The Company and
the Union will continue to work with the PBS vendor to achieve
automation of administration of GLT lines. Until the PBS system is
capable of generating GLT lines, the current job share program
shall remain in effect.
|
|
iii.)
|
A designated
GLT Flight Attendant’s monthly schedule will be awarded by
the PBS system in seniority order within base, from her bid
submitted monthly or if no bid was submitted a line will be awarded
based on her default bid.
|
|
iv.)
|
A Flight
Attendant desiring to remove herself from the list of GLT Flight
Attendants must give written notice to her Inflight Supervisor
before the end of the second month prior to the month in which the
removal is to be effective (e.g. no later than May 31 for removal
from GLT for July).
|
|
v.)
|
The number of
designated GLT Flight Attendants will not exceed 10% of the total
workforce and may not exceed 20% of the total Flight Attendants in
a given base.
|
|
vi.)
|
A Flight
Attendant granted GLT status must remain in such status for a
minimum of six (6) months.
|
|
vii.)
|
GLT Flight
Attendants will accrue their Sick/Vacation time at one-half
(½) the normal rate.
|
|
viii.)
|
Current Job
Share Holders will be Grand-fathered into the Program.
|
|
ix.)
|
GLT holders
shall be limited to trading and picking up of open time pairings
such that they shall not exceed sixty (60) hours per month, unless
there are insufficient reserves or volunteers to cover available
open time. The Company will notify the Union of any situation that
requires allowing GLT holders to exceed 60 hours.
|
|
x.)
|
See Letter of
Agreement #4 for GLT selection process and benefits.
|
xi.)
GLT Holders will advance on the pay
scale at the same rate as all other Flight Attendants based on
active service or as otherwise provided for in this
Agreement.
c.
Continuous Duty Overnight Lines
(CDO Lines)
i.) The Company may construct CDO pairings. Such CDO
pairings will consist of one (1) duty period and will not be
constructed back-to-back except within pure CDO lines.
ii.) A Flight Attendant on a pure CDO line will be
scheduled days off in accordance with Article 24 (Hours of Service)
of this Agreement. However, a Flight Attendant will not
be
|
scheduled for more than four (4) consecutive CDOs. A minimum of
three (3) days off will follow any block of four (4) consecutive
CDOs.
|
iii.) CDOs
will be scheduled with a minimum of five (5) hours of ground time,
block in to block out. If less than four (4) hours of ground time
is realized, a Flight Attendant must have twelve (12) hours off
duty during her next scheduled rest period.
iv.) A CDO
trip pairing shall not be scheduled for more than five (5) legs,
including deadheads. After the ground time in paragraph c. above,
the Flight Attendant may have no more than two legs returning her
to her Base.
v.) A Flight
Attendant will not be required to participate in training without
her consent during the scheduled ground time on a CDO.
vi.) No
Flight Attendant will be scheduled/rescheduled from a CDO trip to
any other trip, other than another CDO.
vii.) CDO
trips will terminate and the Flight Attendant will be released upon
first arrival at her Base following the CDO period.
viii.) A Flight
Attendant awarded or assigned a CDO pairing that is not part of a
pure CDO line will be released to rest upon completion of that
pairing and will not be required to be available for an assignment
prior to 0500 on the following day.
i.) Composite lines will contain days off in
accordance with Article 24 (Hours of Service) and may contain some
CDOs and reserve duty days. Composite lines may also contain
charters.
ii.) To the
extent practicable, the PBS will construct Composite lines with a
minimum of out-of-Base trips and reserve assignments.
iii.) Composite lines will be credited at four (4)
hours virtual flight credit toward the PBS minimum window for each
day of reserve.
A Flight Attendant who is not
awarded or assigned a Regular line, Composite line, or CDO line
will be awarded or assigned a Reserve line.
|
i.)
|
A Reserve line
will contain:
|
|
a.)
|
Reserve days
and at least the minimum days off as provided for in Article 24
(Hours of Service),
|
|
c.)
|
Out of Base
reserve days and associated deadhead, if applicable, in accordance
with this Article,
|
|
d.)
|
Type of reserve
(i.e. Reserve call out periods in 12 hour blocks).
|
|
ii.)
|
Regular reserve
days will be credited at four (4) hours flight credit toward the
PBS minimum window for each day of regular reserve.
|
|
iii.)
|
The Company
will determine the need for reserves as provided for in this
Article for each day of the bid period. Reserve lines will then be
constructed using the bid preferences of the Flight
Attendant.
|
|
iv.)
|
Flight
Attendants who bid reserve may bid preferences for: specific days
off, weekends off, consecutive days off, training, and such other
options as may be integrated into the PBS. Preferences will be
awarded in seniority order.
|
4. After the Company has completed the line
construction process utilizing the PBS, additional pairings will
not be added to or removed from a Regular, CDO, GLT or Composite
(other than reserve assignments) line except as otherwise provided
for in this Agreement.
5. The Company will complete the line construction
process no later than forty-eight (48) hours after the closing of
bids. After the line construction process has been completed, the
Company will notify the Scheduling Committee as far in advance as
practical of the time that the lines will be ready for review.
Before distribution of the bid award, the Committee will have
twenty-four (24) hours to review the lines for compliance with this
Agreement.
|
a.
|
When the
Committee reviews the lines, the Company will:
|
|
i.)
|
Release from
schedule up to two (2) members of the Committee.
|
|
ii.)
|
Release from
schedule additional members of the committee if the Company and the
Union determines they are required, and provided there is adequate
reserve coverage.
|
|
iii.)
|
Cover Flight
Pay loss for the designated Committee members, which will be
considered Union Leave and will be reimbursed to the Company by the
Union as per Article 12 (Leaves of Absence).
|
|
b.
|
A member of the
Committee who reviews the lines on a day off will have the option
to receive flight pay equal to five (5) hours above guarantee,
which will be considered Union Leave and will be reimbursed by the
Union as per Article 12 (Leaves of Absence).
|
|
c.
|
The Committee
will promptly notify the Company if it discovers an error or
violation of the Agreement in the lines. The Company will conduct a
re-run of the bid award if a Regular, Composite or CDO line does
not comply with the Agreement or contains an error resulting from a
discrepancy in the bid eligibility list, a computer or software
(PBS) malfunction or an omission of a known absence or activity.
Any error or violation of the Agreement in a reserve line for a
category will be corrected prior to distribution of the bid award
for that category.
|
|
d.
|
If the Company
conducts a re-run of the lines, the committee will expedite any
additional review necessary to complete the process.
|
|
e.
|
The
Union’s Scheduling Committee will notify the Company
immediately if it does not wish to review the lines.
|
6. If the Company conducts a re-run of the lines,
the distribution of the bid award may be delayed but will be
distributed promptly after completion of the re-run. Unless the
Company and the Union agree otherwise, a re-run of a bid award will
not be conducted once the bid award has been
distributed.
|
1.
|
Following
distribution of the bid award, the Company may displace a Flight
Attendant from her awarded or assigned pairing for the purpose of
completing another Flight Attendant’s OE. The displaced
Flight Attendant will either be released from duty for the
remainder of the day or reassigned to a trip scheduled to end
within her original trip hour period. The Flight Attendant will be
credited with the greater of the value of the trip originally
assigned or the trip to which she was reassigned, if
any.
|
|
2.
|
If more than
one (1) Flight Attendant is assigned to the same trip, the senior
Flight Attendant will have the choice of flying the trip or not.
The Flight Attendant not flying the trip will either be reassigned
to a trip, during the days spanning the original trip, or released
from duty for the remainder of the day and will be credited with
the greater of the value of the trip originally assigned or the
trip to which she is reassigned, if any.
|
|
3.
|
A Flight
Attendant who has been displaced from a trip pairing shall contact
crew scheduling for assignment after 1700 base time on the day
before each day of the trip from which displaced. (Agreed
6-1-04)
|
|
4.
|
If the Flight
Attendant was originally assigned an out and back trip pairing or
if it is the first day of a multi day trip, Crew Scheduling may
reassign a trip according to the following:
|
|
a.
|
If the original
report time was before 1000, then Crew Scheduling may reassign a
trip pairing that starts at the original report time or
later.
|
|
b.
|
If the original
report time was after 1000, then Crew Scheduling may reassign a
trip pairing that starts no earlier than two (2) hours before the
original report time, but no earlier than 1000.
|
|
5.
|
On subsequent
days of a multi-day trip pairing, a Flight Attendant will not be
reassigned a trip starting earlier than 1000 unless given the
assignment two (2) nights prior to the assignment without
concurrence of the Flight Attendant.
|
|
6.
|
The
reassignment will end no later than the originally assigned trip
pairing without the Flight Attendant’s consent.
|
|
7.
|
The Flight
Attendant will not be reassigned any type of reserve without her
consent.
|
|
|
If crew
scheduling has no assignment at the time of contract from the
Flight Attendant, then she shell be given the day(s) off free from
duty.
|
|
G.
|
Posting and
Assigning of Open Time
|
|
1.
|
The Company
will post all open time by base, after the final bid award, and
update the post on a continuous real time basis.
|
|
2.
|
Open time that
becomes available during the bid period shall include but not be
limited to; pairings or portions thereof dropped because of illness
or injury, vacations, leaves of absence, training, charters, extra
sections, other revenue flying, trips dropped for personal reasons
or those pairings the PBS is unable to award or assign in the line
construction process.
|
|
3.
|
All open time
not awarded or assigned that becomes available after the bids are
awarded or assigned will be picked up in the following order,
provided that such assignment shall not conflict with the FAR or
any other provision of this Agreement:, provided, however, that
open time may be assigned to an in-base reserve at any
time.
|
|
a.
|
Awarded to any
Flight Attendant in the Base where the Open time exists, on a
first-come, first-served basis, who volunteers for the open time
assignment at least forty-eight (48) hours in advance of the
scheduled show time. This will not restrict Scheduling from
awarding open time within forty eight (48) hours of the scheduled
show time; then;
|
|
b.
|
Awarded to any
other Flight Attendant from another base, on a first come, first
served basis, who volunteered for open time at least forty-eight
(48) hours in advance of the scheduled show time. This will not
restrict Scheduling from awarding open time within forty- eight
(48) hours of the scheduled show time. The Out of Base Flight
Attendant is responsible for getting to the assignment and back
home from the assignment, then;
|
|
c.
|
Assigned to a
reserve Flight Attendant from another base (this step may be
skipped); then
|
|
d.
|
Assigned to a
supervisory Flight Attendant, if no other Flight Attendant is
available for such assignment without delaying or canceling the
flight.
|
|
H.
|
Open Time,
Drops, Adds and Offers.
|
|
1.
|
The Company and
the Union will continue to meet with the PBS vendor in developing
and implementing an automated Trip trading / dropping /
adding/offering system.
|
A Flight Attendant may
“Drop” trip(s) from her line as provided below. A
Flight Attendant may submit a request to Crew Planning/Scheduling
at any time to drop a pairing. If sufficient reserves are available
the request will be approved. The Company may deny a line
holder’s request to drop a pairing if there is insufficient
reserve coverage to operate the pairing. Drop requests must be
submitted no later than 48 hours prior to the report time of the
trip. The 48 hour requirement may be waived by the
Company
|
a.
|
Trip drop(s)
that are submitted seven (7) days or more prior to the date of the
earliest proposed drop will be approved or denied at least
forty-eight (48) hours prior to the report time for the earliest
trip being dropped.
|
|
b.
|
Trip drop(s)
that are submitted less than seven (7) days prior to the date of
the earliest proposed drop will be approved or denied no later than
twenty-four (24) hours before the report time for the earliest trip
being dropped.
|
A Flight Attendant may
“Add” trip(s) to her line from Open Time, as provided
in Paragraph G. above. A selected trip must not conflict with any
existing assignments and all FAR and contractual legalities must be
observed.
The Company and the Union will
continue to meet with the PBS vendor in developing and implementing
an electronic system whereby a Flight Attendant may
“Offer” trip(s) which she would like to drop from her
line. If another Flight Attendant selects the offered trip, and the
exchange satisfies the requirements for a “mutual
trade” as set out below, the trip will be dropped from the
offering Flight Attendant’s line and inserted into the adding
Flight Attendant’s line. Until the offered trip is selected
by another Flight Attendant, and the offering Flight Attendant has
confirmed with Crew Scheduling that the trip has been removed from
her schedule, the offering Flight Attendant will remain responsible
for the trip(s). A selected trip must not conflict with any
existing assignments and all contractual legalities and FAR must be
observed.
|
5.
|
A Flight
Attendant who Drops, Offers or Adds will have her guarantee
adjusted either up or down to reflect the addition or reduction of
flight time as provided in Article 3 (Compensation) of this
Agreement.
|
|
6.
|
Requests for
Drops, Adds or Offers may be made verbally over a recorded line,
electronically, in writing, or by any other means mutually agreed
upon by the Company and the Union.
|
|
1.
|
A Flight
Attendant may participate in up to 7 trades each month.
|
|
2.
|
Trip trade
requests may be for a partial or an entire trip.
|
|
3.
|
A Flight
Attendant who has requested a trade will remain responsible for her
original assignment until she has been notified that the trade or
drop has been approved.
|
|
4.
|
Mutual trip
trade requests may be submitted in writing (signed by both Flight
Attendants), verbally over a recorded line with all parties
involved agreeing to the trade, via the internet, or through any
other means implemented in the future with the mutual agreement of
the Company and the Union.
|
|
5.
|
Trip trades
submitted to Crew Planning/Scheduling should be submitted no less
than forty-eight (48) hours prior to the date of the earliest
proposed mutual trade. Crew Planning/Scheduling or the
participating Flight Attendants may waive the forty-eight (48) hour
requirement.
|
|
6.
|
Trip trades
must not violate any FAR or any section of this Agreement. Crew
Planning/Scheduling may require up to a ninety (90) minute buffer
when there is a potential for illegality under the FAR or this
Agreement. If a trade is not approved, the Flight Attendant will be
advised of the non-approval and the reasons for the
denial.
|
|
7.
|
A Flight
Attendant who loses time from her schedule because of a trip trade
or drop will have her guarantee adjusted as provided in Article 3
(Compensation) of this Agreement.
|
|
1.
|
The Company may
attempt direct contact with a Flight Attendant during a layover
subject to the following conditions:
|
|
a.
|
Any time during
the layover in the case of a personal or family emergency affecting
the Flight Attendant.
|
|
b.
|
Within one (1)
hour after block in time or one (1) hour before scheduled show time
for notification of a change in show or schedule or to avoid a FAR
violation.
|
|
2.
|
Unless provided
for in 1 above, the Company may NOT directly contact a Flight
Attendant during any layover that is less than nine (9) hours. The
Company may attempt to make indirect contact with the Flight
Attendant through means of hotel resources (such as, but not
limited to, having the desk activate the phone message light, a
hand written note under the door, message at the front
desk).
|
|
3.
|
Should a Flight
Attendant be directly contacted during a layover outside of the
limitations set forth in this paragraph, with the notable exception
of a personal or family emergency affecting the Flight Attendant,
the Flight Attendant’s minimum rest will be extended by 30
minutes. The Flight Attendant may waive this
requirement.
|
|
K.
|
Modifications,
Reschedules
|
|
1.
|
A
modification/reschedule is any change to a pairing after its first
distribution as a final bid award. The Company may modify a pairing
in order to meet operational necessity within the original trip
hour period.
|
|
2.
|
Unless the
Flight Attendant consents and/or other mutually agreed upon
arrangements are made between the Flight Attendant and Crew
Planning/Scheduling, a Flight Attendant’s pairing will not be
modified to extend the pairing into any of her days off for any
reason except for circumstances beyond the control of the Company
(e.g. weather, mechanical).
|
|
3.
|
All
rescheduling will be in accordance with and subject to all other
applicable provisions of this Agreement.
|
|
4.
|
A Flight
Attendant holding a reserve line who has received a trip assignment
may be rescheduled within the limitations of Articles 6 and 24
(Scheduling/Hours of Service).
|
|
5.
|
After the
publication of the final bid award, a Flight Attendant holding a
Regular or Composite line may be rescheduled within the limitations
of Articles 6 and 24 (Scheduling/Hours of Service).
|
|
a.
|
When a Flight
Attendant is rescheduled prior to the date on which a pairing (i.e.
flight, ferry, training or deadhead assignment) is scheduled to
commence, the following will apply:
|
|
i.)
|
When the
Company notifies a line holder of a reschedule, the notification
will be in a timely and appropriate manner.
|
|
ii.)
|
The Flight
Attendant will not be given an assignment that is scheduled to
operate earlier than the scheduled report time of her original
pairing without the consent of the Flight Attendant unless the
original scheduled report time was after 1000, in which case she
may be assigned to report earlier than the original report time,
but no earlier than 1000.
|
|
iii.)
|
The Flight
Attendant will not be given an assignment with a scheduled release
time more than two (2) hours later than the original scheduled
release time, without the Flight Attendant’s consent. On a
multiple day pairing, the release time will be considered to be the
scheduled release time on the last day of the originally scheduled
assignment.
|
|
b.
|
When a Flight
Attendant is rescheduled on the same day on which a flight or
deadhead assignment is scheduled to operate, the Company will
notify the Flight Attendant and, at its option:
|
|
i.)
|
Direct her to
remain on rest if she has not reported for duty;
|
|
ii.)
|
Assign her to
complete any remaining flight segment(s) in the pairing;
|
|
iii.)
|
Assign her to
remain available for repositioning of the crew and/or
aircraft;
|
|
iv.)
|
Assign her to
another pairing with a scheduled release time no more than 2 hours
later than the scheduled release time on the last day of her
original pairing;
|
|
v.)
|
Assign her to
remain “airport available” up to two (2) hours
following notification of rescheduling. While “airport
available” the Flight Attendant will remain readily available
for any flight or deadhead assignment with a scheduled release time
no more than two (2) hours later than the scheduled release time of
her original scheduled pairing. If the Flight Attendant has not
been assigned after two (2) hours of “airport
available”, she is released.
|
|
vi.)
|
Release her
from all duty. Once released, she will not be required to remain
telephone available for the duration of the original pairing. For a
multi-day pairing, the Flight Attendant shall contact Crew
Scheduling after 1700 hours the day preceding each remaining day of
the original pairing. If there is no assignment she will be
released for the following day.
|
|
vii.)
|
Provided the
Flight Attendant supplies crew scheduling with contact information
while on a trip, notification of a modification or rescheduling of
the Flight Attendant’s assignment will be by direct contact
between Scheduling/Planning and the affected Flight
Attendant.
|
|
6.
|
In the event of
an equipment substitution of a single Flight Attendant aircraft for
an aircraft scheduled with two Flight Attendants (e.g. EMB 170- EMB
145, etc.), the senior Flight Attendant will have the option of
working the modified pairing or becoming subject to reassignment in
accordance with L. below. The junior Flight Attendant will then
either work the modified pairing or be subject to reassignment in
accordance with L. below.
|
|
L.
|
A Flight
Attendant holding a Regular line who becomes subject to
rescheduling shall not be placed on reserve. Rescheduling must be
within the limitations of Articles 6 and 24. A Flight Attendant
scheduled for a single day trip will not be rescheduled for a
multi-day trip. A Flight Attendant subject to be rescheduled
pursuant to this section will be paid the greater of her actual or
rescheduled trip, if any. A Flight Attendant who voluntarily
“Adds” trips from Open Time, and whose trips are
subsequently canceled will not be required to be available on the
same day(s) of her trip, nor will she be pay protected for the
trip.
|
|
a.
|
When the
Company has a flight assignment to cover, Crew Scheduling will call
reserve Flight Attendants in reverse order of seniority as long as
all other factors are equal and taking into account operational
requirements for the base (e.g., a senior Flight Attendant on
reserve is available for two (2) days and a junior Flight Attendant
is available for four (4) days. A two (2) day trip is open. The
senior Flight Attendant could be assigned if the Company felt it
was in its best interest. If both Flight Attendants were available
for two (2) days and all other factors were equal, the junior
Flight Attendant will be called first).
|
|
b.
|
Reserve periods
with twelve (12) hour callout periods, will be designated by the
Company and published in the bid package to be bid on by the Flight
Attendant group. The Company will establish the number and start
time of the reserve periods. Each reserve period will begin and end
in the same day.
|
|
c.
|
Preferences in
the bidding for reserve periods will be awarded in seniority order
from among Flight Attendants indicating a preference in the
respective Base.
|
|
d.
|
A reserve
Flight Attendant will not be required to be available during more
than one (1) reserve period in any day. A Flight Attendant on
reserve will not be scheduled to be on call in excess of twelve
(12) hours in a day. A Flight Attendant on reserve shall not be
assigned to a flight assignment that is scheduled to exceed
fourteen (14) hours.
|
|
e.
|
A reserve
Flight Attendant will not be rescheduled from an awarded reserve
period/type to another reserve period/type without at least 18
hours prior notice from the start of the old or new reserve period
whichever is earlier.
|
|
f.
|
A reserve
Flight Attendant will not be required to be available on a day off
or during a rest period, but will be required to be available
during her reserve periods.
|
|
g.
|
A reserve
Flight Attendant will not be required to start a callout period
with less than the minimum rest required by Article 24 (Hours of
Service).
|
|
h.
|
For the
purposes of calculating days off, a reserve day will be considered
a day of work. The Company will not move days off once awarded. A
Flight Attendant on reserve who is assigned a RON that extends into
a day off will be given the option of receiving day off pay
pursuant to Article 3, or having that day off restored in the
current or following month. The Company will not make such
assignment if there is another reserve available in the Base, and
calling out such reserve will not delay the flight.
|
|
i.
|
The Company
will make an assignment to an available reserve Flight Attendant as
far in advance as practicable. The assignment, when given for the
same day, must be scheduled to commence no later than 2 hours after
the end of the Flight Attendant’s reserve period.
|
|
j.
|
Reserve and
Composite lines will be built to provide coverage for the
Company’s anticipated needs and will also include the type(s)
and time of the reserve period.
|
|
k.
|
A Flight
Attendant assigned to sit reserve in another Base will be paid per
diem and will be provided with hotel accommodations for multi-day
reserve assignments or a single day assignment to sit reserve for
more than 5 hours. Multi-day out-of-Base reserve assignments will
not exceed four consecutive days from report to release at her
permanent Base.
|
|
2.
|
A Flight
Attendant on reserve who is assigned a trip pairing if removed from
the assignment or upon completion of her assignment will either be
given another assignment commencing within the reserve period or
remain on call in accordance with the following table:
|
|
Time remaining of Original Callout
Period
|
Hours of Remaining
Availability
|
|
|
0
|
|
1 to 2:59
|
1
|
|
3 to 4:59
|
2
|
|
5 to 6:59
|
3
|
|
7 to 9:59
|
4
|
|
|
5
|
|
3.
|
Upon completion
of a trip assignment a reserve Flight Attendant shall contact
scheduling prior to leaving the Base.
|
|
4.
|
When a reserve
Flight Attendant is given an assignment for a future date, her duty
time for pay and rest will commence at the scheduled report time of
the assignment. When a Flight Attendant is given an assignment for
the same day, her duty time for rest calculation will commence at
the time she is notified of the assignment, and pay shall commence
at report time.
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5.
|
The Company
may, in its discretion, release a Flight Attendant from a reserve
period earlier than originally scheduled. A Flight Attendant on the
last day of a reserve sequence may call Crew Planning/Scheduling up
to four (4) hours before the reserve shift ends and request early
release. If adequate reserve coverage is available, Crew
Planning/Scheduling will release the Flight Attendant without
penalty to her compensation.
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6.
|
A reserve
period will consist of a twelve (12) hour, same-day callout period.
The Flight Attendant will be responsible for maintaining her
availability during this period to cover potential assignments from
Crew Planning/Scheduling.
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|
7.
|
A reserve
Flight Attendant will respond within twenty (20) minutes of first
contact from Crew Scheduling. Once a Flight Attendant receives
notification of an assignment, she is no longer responsible to be
available for contact prior to such assignment until report
time.
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8.
|
A reserve
Flight Attendant will be subject to a one and one-half (1.5) hour
call out unless assigned to a Base where a shorter call out time
has been mutually agreed upon by the Company and the Union. A
Flight Attendant will make every effort to report earlier. If a
Base covers multiple airports a callout time will be mutually
agreed upon by the Company and the Union.
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|
9.
|
A Flight
Attendant on reserve may use a “pager” at her expense.
However, the Flight Attendant is solely responsible for ensuring
the quality of service of the pager, and any malfunction of a pager
is solely the responsibility of the Flight Attendant. The Flight
Attendant is also solely responsible for ensuring that she remains
within the pager’s calling area. A Flight Attendant on
reserve will respond to a telephone message or page from the
Company within twenty (20) minutes, and such time will be included
in the call out time required in paragraph 7 above.
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|
a.
|
A Flight
Attendant on hot reserve may be scheduled for ten (10) hours of on
premise duty and up to fourteen (14) hours of duty including on
premise and scheduled flight assignments. If a hot reserve Flight
Attendant receives a flight assignment and concludes that
assignment prior to the completion of the ten hours of hot reserve
duty, she may be placed back on hot reserve for the remainder of
her ten (10) hours of hot reserve duty.
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|
b.
|
Flight
Attendant on hot reserve will accrue flight credit in accordance
with Article 3.I.2 (Compensation).
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|
c.
|
A Flight
Attendant will not be required to be on hot reserve in an airport
which is not a Base for the Company.
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|
d.
|
Hot reserve
will only be assigned at airports with a company designated hot
reserve lounge area. A hot reserve lounge area will have
comfortable seating, no public access and noise and lighting can be
limited.
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|
e.
|
The hot reserve
assignments will be equitably allocated among the available
reserves in each Base in reverse seniority order at the time of the
assignment.
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|
f.
|
In the bid
award, the Company may schedule a Composite/Reserve line holder for
up to ten (10) hot reserve days. If the Company later determines
that it needs additional hot reserves, it may assign a reserve line
holder to serve additional hot reserve duty in accordance with this
Article and will compensate such Flight Attendant at the rate of
twenty-five dollars ($25.00) for each additional hot reserve
assignment above ten (10).
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|
1.
|
A line holder
who is unable to begin or complete an assignment or portion thereof
because of illness or injury will notify Crew Scheduling
immediately and will be removed from the assignment. If the
assignment was a pairing and the pairing has commenced, it will
normally be assigned to a Reserve Flight Attendant.
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2.
|
A Reserve
Flight Attendant who is unable to begin or complete an assignment
or portion thereof because of illness or injury will immediately
notify Crew Scheduling in accordance with Article 27 (Sick
Leave).
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|
3.
|
A Line Holder,
who has called in sick on a multiple day pairing and is
subsequently able to return to flying prior to the completion of
the original pairing, will notify Crew Scheduling of her desire to
return to work, in accordance with Article 27 (Sick Leave)
E.2.
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|
4.
|
If the Flight
Attendant’s availability to return to work is in the middle
of a multi-day pairing, the Company will reinstate the Flight
Attendant into her pairing in domicile at the earliest possible
time. By mutual agreement between the Flight Attendant and Crew
Scheduling, the Flight Attendant may return to her trip at a
location other than her base, or be assigned to another trip within
the days of her original trip.
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|
5.
|
If the line
holder is not able to return to her pairing because it does not
transit her domicile, she may elect to remain on sick leave for the
duration of her pairing; or, if the Company agrees, she may be
placed on reserve and be credited with 4 hours pay for each day on
reserve, or the value of any pairing assigned while on reserve,
whichever is greater.
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|
6.
|
A Flight
Attendant who has called in sick for an assignment and is able to
report for her next assignment shall notify Crew Scheduling at
least six hours prior to the next assignment.
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|
1.
|
If two (2) line
holders are scheduled to fly and report for the same pairing, the
Flight Attendant who was awarded or assigned the pairing as part of
her monthly bid award will fly the pairing. If the pairing was not
awarded or assigned to either Flight Attendant as part of her
monthly bid award, the more senior Flight Attendant will choose
whether she wishes to fly the pairing. The Flight Attendant not
flying the pairing will be considered displaced in accordance with
paragraph F., above.
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|
2.
|
On aircraft
requiring more than one Flight Attendant, working positions on the
aircraft will be chosen by seniority.
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|
3.
|
If a line
holder and a reserve Flight Attendant are scheduled to fly and
report for the same pairing, the line holder will fly the pairing.
The reserve Flight Attendant will be reassigned in accordance with
paragraph F., above.
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|
4.
|
The Company
will provide the Union and the members of the Flight Attendant
Scheduling Committee an individual computer identification and
log-in for the purpose of accessing the system in order to monitor
compliance with the Agreement. Such access will not include the
ability to alter a Flight Attendant’s schedule or any
parameter of the programs. Each designee will execute an agreement
not to reveal her individual computer identification and log-in to
any other person, to share computer time or share or discuss any
individual’s data with anyone other than the Company and the
Union.
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|
5.
|
The Company
will provide the Union’s Scheduling Committee with
information regarding the use of the software data used by the
system. Changes to the program software that substantially affect
the PBS or the daily tracking system will not be implemented
without prior consultation between the parties.
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|
6.
|
A flight
scheduled to terminate (duty end time) before 2400 (midnight) will
be considered to have terminated on the same day it was scheduled
should it actually terminate prior to 0200 the following
day.
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|
7.
|
Flight
Attendants based outside of the United States will be subject to
this Agreement.
|
|
8.
|
With the
concurrence of Crew Scheduling, a Flight Attendant may be released
from a last leg to Base deadhead without penalty to her
compensation.
|
|
9.
|
When awarded in
a line, recurrent training, checkrides, training, or any other
Company assigned duty will not reduce a Flight Attendants days off
to less than the minimum set forth in Article 24 (Hours of
Service).
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|
10.
|
All
communication between the Company and a Flight Attendant with
respect to Assignment of Open Time, Trip Drops, rescheduling or
other notification or direction will be done via the internet, over
a recorded phone line or through such other means as may be
mutually agreed upon between the Company and the Union.
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|
11.
|
Under normal
circumstances a Flight Attendant will not be required to occupy the
Flight Attendant Jumpseat on a deadhead flight. If required to
occupy a jumpseat, the Flight Attendant will receive full flight
pay.
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|
12.
|
Unless
otherwise specified in this Article, all times are Local
Headquarters time.
|
ARTICLE
7
VACANCIES
|
|
|
Flight
Attendants must submit standing bids indicating order of preference
for domicile vacancies. The Company may require Flight Attendants
to submit new or updated standing bids at least thirty (30) days
prior to any circumstances that may cause the existing bid file to
become outdated (e.g., domicile closures, domicile openings or
other substantial operational changes, etc.). The Company will give
at least 30 days notice to afford the Flight Attendant the
opportunity to change the standing bids.
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|
|
|
The standing
bid file will be maintained by the Company. Standing bids will be
available for inspection by any Flight Attendant during normal
office hours.
|
|
|
|
A Flight
Attendant may change her standing bid at any time by submitting a
new standing bid to the Company. A Flight Attendant must bid on an
approved format submitted to the Company by U.S. Mail, overnight
express, facsimile, electronically, if available, or any other
means mutually agreed upon.
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|
|
|
The Company
will determine when a vacancy exists. It will post a notice of the
vacancy. The notice will specify the domicile at which each vacancy
will occur.
|
|
|
|
Any existing
openings as well as projected vacancy openings will be posted by
the Company on the first (1 st ) of every month. If the
first of every month is not available, the company will post in a
timely manner, as to not interfere with the bidding
process.
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|
|
|
Bidding will
close at 1700 hours seven (7) days after the posting of the notice
of vacancy.
|
|
|
|
A Flight
Attendant who has not previously bid between entities with separate
operating certificates may bid between such entities to fill a
vacancy only if the position the Flight Attendant desires to bid is
in a base/code share that does not exist within the entity in which
she is currently employed.
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|
|
|
A Flight
Attendant who has previously bid between entities with separate
operating certificates may thereafter bid back to the previous
entity only to fill a vacancy in a base/code share that did not
exist at the time she bid out of that entity.
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|
|
6.
|
A Flight
Attendant bidding for a position requiring training before she can
perform the duties of such position (e.g., bidding between entities
with separate operating certificates), or a Flight Attendant who
undergoes initial training to become a Flight Attendant, may not
thereafter bid to another position requiring training for twelve
(12) months following the completion of such training.
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|
|
|
The
restrictions of B.4-6 above shall not prevent a Flight Attendant
from exercising the rights of Article 11 (Reduction in Force and
Furlough) between entities in the event of a reduction in
force.
|
C. Awarding and Assignment of Vacancies
|
|
|
Awards will be
posted by 1700 hours four (4) days after the closing of the
bid.
|
|
|
|
The Company
will not normally post secondary, tertiary, etc., vacancies caused
by filling primary vacancies.
|
|
|
|
Bids for
vacancies will be awarded in order of seniority using standing bids
on file as of the date bidding is closed.
|
|
|
|
If no Flight
Attendant bids a vacancy, the Company may assign a Flight Attendant
to that vacancy in reverse order of seniority.
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|
|
|
The Company
will determine the effective date of an award which may be changed
provided adequate notice is given and the change is not made for
arbitrary reasons. The Company may cancel an award at any time
before its effective date.
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|
|
|
A Flight
Attendant awarded a vacancy will fill the vacancy within sixty (60)
days after the effective date of the award.
|
Flight Attendants requesting a
mutual domicile swap must submit a request in writing to the
Company no later than the first (1 st ) of the month.
Approval of a swap is subject to the following:
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|
|
The Company
will review the mutual swaps on file no later than the third (3
rd ) of the month and post those mutual swaps that will
become effective with the following month’s bid
award.
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|
|
|
A Flight
Attendant who is senior to both petitioners of a base swap may
protest said swap in writing within seven (7) days of posting only
if the Senior Flight Attendant is willing to take the place of the
more Junior Flight Attendants involved in the swap.
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|
|
|
If the
legitimate protest stands, the remaining Flight Attendant may
withdraw the request and no swap will be awarded.
|
|
|
|
Flight
Attendants may not request domicile swaps between entities with
separate operating certificates.
|
|
|
|
A temporary
vacancy will be any vacancy anticipated to exist for less than
ninety (90) days.
|
|
|
|
When the
Company decides to fill a temporary vacancy, it will, if
practicable, fill such vacancy from among qualified Flight
Attendants in seniority order who have expressed a desire to fill a
temporary vacancy, regardless of domicile. If the vacancy remains
unfilled, the temporary vacancy will be assigned to a reserve
Flight Attendant in reverse seniority order, insofar as may be
practicable.
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|
|
|
A Flight
Attendant filling a temporary vacancy will be paid per diem and
expenses in accordance with this Agreement, through the duration of
the temporary vacancy.
|
|
F.
All times referred to in this Article are local time at the
Company’s headquarters.
|
ARTICLE
8
CHECK FLIGHT
ATTENDANTS
|
1.
|
A Check Flight
Attendant is defined as a Flight Attendant who has been selected to
become a Check Flight Attendant to perform Line Checks, OE
(Operating Experience), and Ramp Checks.
|
|
2.
|
OE, Line Checks
and Ramp Checks shall be conducted only by qualified Check Flight
Attendants on the Flight Attendant Seniority List or qualified
Inflight management.
|
|
3.
|
The performance
of Check Flight Attendant duties by Flight Attendants on the
seniority list shall not cause those Flight Attendants to become
Management Employees.
|
|
B.
|
Selection and
Retention of Check Flight Attendants
|
|
1.
|
The selection
and retention of Check Flight Attendants shall be at Company
discretion but consistent with the following criteria:
|
|
a.
|
A total of one
year Flight Attendant experience, with at least nine of those
months with Chautauqua Airlines.
|
|
b.
|
Must be a
non-probationary Flight Attendant.
|
|
c.
|
A consistent
record of adherence to Company policies and procedures.
|
|
d.
|
90% or better
on the first attempt on their most recent recurrent
test.
|
|
e.
|
No written
warning or disciplinary suspension in the prior twelve (12)
months.
|
|
2.
|
The Retention
of Check Flight Attendants shall require the successful completion
of a standardized Check Flight Attendant course, annual recurrent
class, and competence check, if applicable, in addition to the
requirements in the above paragraph B.1.a-e.
|
|
3.
|
Flight
Attendants who are not selected will have the option to reapply at
a later date.
|
|
1.
|
A Check Flight
Attendant may bid her schedule based on her seniority.
|
|
2.
|
A Check Flight
Attendant will not be involuntarily rescheduled to work on her days
off.
|
|
3.
|
When a Check
Flight Attendant is scheduled to report to perform any of her Check
Flight Attendant duties at a location other than her base, she will
be provided space positive travel from her base. Upon reasonable
advance request, Crew Scheduling will attempt to arrange positive
space travel from another mutually agreed location.
|
|
4.
|
The Company
will equitably distribute assignments among Check Flight
Attendants, taking into account availability and training
scheduling requirements.
|
|
1.
|
A Check Flight
Attendant will be compensated at the rate of $10.00 per hour in
addition to her rate of flight pay when performing Check Flight
Attendant duties.
|
|
2.
|
A Check Flight
Attendant removed from trips to perform flying or non-flying Check
Flight Attendant duties will be paid and credited for the greater
of the value of the missed trips or at the value of the assignment
she performs.
|
|
3.
|
When the
Company schedules a Check Flight Attendant for non-flying Check
Flight Attendant duties prior to the opening of the Bid Period, the
Flight Attendant will receive five (5) virtual credit hours as
defined in Article 6 (Scheduling).
|
|
4.
|
A Check Flight
Attendant performing non-flying Check Flight Attendant duties on a
day off will be compensated at the Check Flight Attendant rate at a
minimum of four (4) hours or at a rate of one (1) hour for every
two (2) hours of duty, whichever is greater.
|
|
5.
|
A Check Flight
Attendant, who is required to travel away from her base for the
purpose of meeting, training, or any other Check Flight Attendant
duties, will be provided single occupancy rooms in accordance with
Article 4 (Expenses).
|
A Check Flight Attendant will
receive expense per diem in accordance with Article 4 (Expenses)
when performing duties.
ARTICLE
9
SENIORITY
|
|
A Flight
Attendant’s seniority shall begin on the Flight Attendant's
date of hire. When two (2) or more Flight Attendants have the same
date of hire, they shall be placed on the seniority list according
to the last four (4) digits of their social security numbers, i.e.,
the lowest number shall be the most senior. A Flight Attendant's
pay shall commence on date of hire. Except as otherwise specified
in this Agreement, all Flight Attendants shall be full time
employees of the Company.
|
|
|
A Flight
Attendant shall lose her seniority if any of the following
occurs:
|
1. Voluntary resignation;
2. Discharge for just cause;
3. Failure to report for duty at the expiration of
a leave of absence;
4. Failure to report for duty after recall from
furlough in accordance with Section 11.
5. Transfer to management or any position within
the company outside the scope of this agreement for six (6) months
or more or as otherwise provided for in this agreement.
|
|
Seniority shall
prevail at all times in matters concerning equipment bids,
reductions, recall, base bidding, assignments, upgrades,
transitions and vacations, or except as otherwise specified in this
Agreement.
|
|
|
A current
seniority list will be posted and available on the company’s
intranet website concurrent with the posting of initial bid package
but no later than the 15 th (fifteenth) of each month
and made available for posting on the union bulletin boards at each
Flight Attendant domicile. Any alleged error or omission affecting
a Flight Attendant's seniority on any list must be protested by the
affected Flight Attendant, in writing, within thirty (30) days of
the posting. A Flight Attendant making no protest within the time
specified may not thereafter protest the alleged error or omission
on the disputed list or any subsequent list. (Agreed
6-5-03)
|
|
|
A Flight
Attendant will be on probation for the Flight Attendant's first
nine (9) months of active service with the Company.
|
ARTICLE
10
TRAINING
|
1.
|
The Company
will, consistent with applicable FAR and Company procedures,
establish training requirements for all required Flight Attendant
training.
|
|
2.
|
No Flight
Attendant shall be required to pay for the use of any Company
equipment or equipment outside the Company that is required for
training.
|
|
3.
|
A Flight
Attendant removed from duty for retraining or reexamination shall
lose no more than three (3) days of pay.
|
|
B.
|
Recurrent
Training Bidding
|
|
1.
|
The Company
will post all recurrent training dates, if any, for bid in the
monthly bid package. A Flight Attendant who will be in her prior or
due month in the month being bid may bid on available recurrent
training dates.
|
|
(a)
|
Such bids will
be awarded in seniority order, provided that:
|
|
a)
|
awarding the
bid does not result in a conflict with other duty;
|
|
b)
|
seniority
notwithstanding, a Flight Attendant in her due month will have
bidding priority over a Flight Attendant in her prior
month;
|
|
c)
|
a Flight
Attendant in her due month who has not made a successful bid for a
recurrent training date, or who is in her grace month, may be
assigned a recurrent training date.
|
|
d)
|
Upon
implementation of a Preferential Bid System, recurrent and all
other training dates will be posted and awards published in the
final bid award in the month prior to the training date. (Example:
A Flight Attendant who is due for recurrent in October will bid in
August for training in October. Concurrent with the September bid
award, October training dates will also be awarded.)
|
|
2.
|
A Flight
Attendant assigned to training will be so notified at least five
(5) days prior to commencement of training unless shorter notice is
required because of regulatory agency or aircraft manufacturer
directive. Such notice may be waived by the Flight
Attendant.
|
|
3.
|
If the Company
finds it necessary to move a Flight Attendant’s recurrent
date and/or to assign her to a training date due to operational
reasons (e.g., loss or reduction of tr
|
|