AGREEMENT

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.

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.

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.

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.

“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.