AGREEMENT between CHAUTAUQUA AIRLINES, INC. and THE FLIGHT DISPATCHERS in the employ of CHAUTAUQUA AIRLINES, INC. as represented by TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO June 1, 2007 - June 1, 2012 Signed June 20, 2007
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Exhibit
10.9
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AGREEMENT
between
CHAUTAUQUA
AIRLINES, INC.
and
THE
FLIGHT DISPATCHERS
in
the
employ of
CHAUTAUQUA
AIRLINES, INC.
as
represented by
TRANSPORT
WORKERS UNION OF AMERICA, AFL-CIO
June
1, 2007 - June 1, 2012
Signed
June 20, 2007
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TABLE
OF CONTENTS
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| Section | Title | Page |
| 1. | Recognition and Scope | 4 |
| 2. | Definitions | 7 |
| 3. | Compensation | 9 |
| 4. | Work Schedules and Vacations | 11 |
| 5. | Seniority | 14 |
| 6. | Training | 16 |
| 7. | Sick Leave | 17 |
| 8. | Probation | 18 |
| 9. | Leave of Absence | 19 |
| 10. | Benefits | 20 |
| 11. | Furlough and Recall | 21 |
| 12. | Grievance Procedures | 23 |
| 13. | System Board of Adjustment | 26 |
| 14. | Union Security | 30 |
| 15. | General | 37 |
| 16. | Filling of Vacancies | 40 |
| 17. | Vacation | 42 |
| 18, | Duration | 44 |
-2-
AGREEMENT
between
CHAUTAUQUA
AIRLINES
and
FLIGHT
DISPATCHERS
in
the
employ of
CHAUTAUQUA
AIRLINES
as
represented by
TRANSPORT
WORKERS UNION OF AMERICA, AFL-CIO
This
Agreement is made and entered into in accordance with the provisions of Title
II
of the Railway Labor Act, as amended by and between CHAUTAUQUA AIRLINES,
hereinafter known as the “Company”, and the FLIGHT DISPATCHERS in the service of
CHAUTAUQUA AIRLINES, who are represented by the TRANSPORT WORKERS UNION OF
AMERICA, AFL-CIO, hereinafter known as the “Union”. In making this
Agreement, the Company and the Union and the represented employees recognize
their duty, individually and collectively, to comply and cooperate with the
intent and purpose of this Agreement.
-3-
SECTION
1
RECOGNITION
AND SCOPE
A. Recognition
The
Union
is recognized by the Company, in accordance with the National Mediation Board
Certification Case R-6673 dated July 22, 1999, as the duly designated and
authorized bargaining agent with respect to rates of pay, rules and working
conditions of Flight Dispatchers in the employ of the
Company. “Company” includes Chautauqua Airlines, Inc.,
Republic Airlines, Inc., and Shuttle America, Inc., so long as they remain
subsidiaries of Republic Airways Holdings, Inc.
B. Scope
It
is
understood and agreed that all dispatch functions as detailed in Section II
(Definitions) of this Agreement as well as, at a minimum, in the Chautauqua
Airlines, General Policies Manual, Revision 14, dated 20Jul00, will be performed
by the employees covered under this Agreement and in accordance with the terms
and conditions of this Agreement. It is specifically understood that the scope
of this work includes all FAR Part 121 flying by pilots on the Chautauqua Pilots
System Seniority List, performed in accordance with the terms and conditions
of
their Agreement, with the exception of training and delivery
flights.
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|
.
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1.
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Flight
Dispatchers performing dispatch functions for Chautauqua, Republic
and
Shuttle America are covered by the
Agreement.
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2.
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Rates
of pay and working conditions shall apply to such Flight Dispatchers
as
set forth in the collective bargaining
agreement.
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C. Operational
efficiency
The
purpose of this Agreement is, in the mutual interest of the Company and of
the
employees, to provided for the operation of the services 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 the
employment under conditions of reasonable hours, proper compensation, and
reasonable working conditions. It is recognized by this Agreement to
be the duty of the Company and the employees, to cooperate fully both
individually and collectively.
D. Management
Rights
The
rights of ownership, the management of the Company and the direction of the
working forces, including the right to hire, promote, demote, discharge and
discipline for cause, transfer, layoff, and recall, the right to direct, plan
and control operations, and to establish work schedules, and the right to
determine the type of work to be performed, and the right to introduce new
and
improved methods, equipment or facilities, and to change existing methods,
equipment and to determine the location of the Company’s facilities, and the
right to lease facilities or equipment, and the right to establish or change
Company rules, and in general to maintain discipline and efficiency, are vested
exclusively with the Company so long as the exercise of such rights shall not
be
in conflict with the specific provisions of this agreement.
-4-
E. No
strike/lockout
It
is the
intent of the parties of this Agreement that the procedure set forth herein
and
in the Railway Labor Act, as amended, for the resolution of disputes shall
serve
as a means of peaceable settlement of all disputes that may arise between them
and that, therefore:
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|
1.
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The
Company shall neither cause nor permit any lockout of employees covered
hereunder during the life of this Agreement;
and
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2.
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Neither
the Union nor the employees covered hereunder, both individually
and
collectively, shall authorize, cause, sanction or engage in any strike
against the Company, illegal picketing of the Company’s premises,
slowdown, sit-down, walk-off, work stoppage, or curtailment of work
of any
kind, during the life of this
Agreement.
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F. Supervisor
qualification shifts/operational emergencies
It
is
understood and agreed that, in order to maintain their proficiency, qualified
supervisors may be scheduled up to twenty (20) hours per year to perform the
functions of a Flight Dispatcher. Qualified supervisors may also
perform the functions of a Flight Dispatcher in the event of an operational
emergency. Supervisors may not be used to avoid the payment of
overtime.
It
is
further understood and agreed that qualified supervisors and other employees
may
assist in performing the functions of a Dispatch Coordinator necessary to
complete a particular operation. Supervisors may not be used to avoid
the payment of overtime.
G. Merger
In
the
event of a merger of airline operations between the Company and another air
carrier, where the Company is the surviving entity, the following shall
apply:
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|
1.
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If
the employees of both carriers are represented by the TWU, the seniority
lists of the two groups shall be merged in accordance with the TWU/TWU
AIRLINE MERGER POLICY.
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-5-
| 2. |
If
the employees of the other air carrier are represented by a different
union, or are unrepresented, then:
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| a. The seniority lists of the two groups shall be merged in accordance with Sections 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions, and |
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b.
The representative of the merged group shall be determined in accordance
with NMB rules and procedures.
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-6-
SECTION
2
DEFINITIONS
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1.
|
The
term “employee” shall mean an employee of Chautauqua Airlines, Inc., who
is covered by this Agreement.
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2.
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The
term “Dispatch Coordinator,” as used herein, shall mean an employee
selected by the Company who may perform the duties of a Flight Dispatcher
and, in addition, is the lead Flight Dispatcher on Duty. This
position is responsible for coordinating the day to day activities
of
flight dispatch with the appropriate departments, government agencies,
and
other effected parties, as applicable. This position will also
have the responsibility of assuring that shift opening and closing
procedures are completed, a shift turnover log is filled out and
other
responsibilities, as designated by the Company, are
completed.
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3.
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The
term “Flight Dispatcher,” as used herein, shall mean an employee who has
been designated as such by the Company and holds a currently effective
Aircraft Dispatcher’s Certificate, who is regularly assigned to be
responsible for operational control concerning the dispatch, release
and
movement of Company aircraft.
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4.
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The
term “Check Dispatcher,” as used herein, shall mean an employee who has
been designated as such by the Company to perform FAA-mandated competency
checks of the Flight Dispatchers.
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5.
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The
term “Relief Flight Dispatcher,” as used herein, shall mean a Flight
Dispatcher who holds a permanent position and who is required to
work
other than the normal work cycle on a pre-planned basis to cover known open
time
and in order to provide qualified relief for Flight Dispatchers
for
vacation, qualification trips and training, and any other abnormality
as
agreed to by the Union on a non-precedent setting case by case
basis.
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6.
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The
term “special assignment,” as used herein, shall mean the assignment of
Flight Dispatcher to duties in lieu of regular Flight Dispatcher
activities, but such assignment must be directly related to the dispatch
function as outlined in Section Sixteen,
B.
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7.
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The
term “work cycle,” as used herein, shall mean the basic rotation of work
days and regular days off established for the quarterly work period,
prior
to overlay of such factors as vacations, qualification flights, training,
relief schedules, etc.
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8.
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The
term “bid line” as used herein, shall mean the specific assignment of
individual employees by calendar quarter to a work cycle, adjusted
for
such factors as vacations, qualification, training relief schedules,
etc. The bid lines shall be subject to quarterly bidding
procedures.
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-7-
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9.
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The
term “Work Schedule,” as used herein, shall mean a cycle of workdays and
days off, developed by the Company, to which an individual Flight
Dispatcher is assigned.
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10.
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Wherever
the term “Flight Dispatcher” appears in this Agreement, the provisions of
the paragraph in which it appears shall apply to Dispatch Coordinators,
Flight Dispatchers, Check Dispatchers and Relief Flight Dispatchers,
unless otherwise stated.
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-8-
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SECTION
3
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COMPENSATION
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A.
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Minimum
Rates of Pay per Hour
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Longevity
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June
1, 2007
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June
1, 2008
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June
1, 2009
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June
1, 2010
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June
1, 2011
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Hire
date
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14.22
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14.58
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14.94
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15.32
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15.70
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1
Year
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14.88
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15.26
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15.64
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16.03
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16.43
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2
Years
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15.62
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16.01
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16.41
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16.82
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17.24
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3
Years
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16.23
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16.63
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17.05
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17.47
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17.91
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4
Years
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16.80
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17.22
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17.65
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18.09
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18.54
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5
Years
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17.41
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17.85
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18.29
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18.75
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19.22
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6
Years
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18.08
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18.54
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19.00
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19.47
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19.96
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7
Years
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18.92
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19.39
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19.88
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20.37
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20.88
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8
Years
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19.29
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19.78
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20.27
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20.78
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21.30
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9
Years
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19.69
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20.18
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20.69
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21.20
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21.73
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10
Years
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20.08
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20.58
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21.09
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21.62
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22.16
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11
Years
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20.60
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21.12
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21.65
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22.19
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22.74
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12
Years
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21.70
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22.24
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22.80
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23.37
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13
Years
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23.42
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24.01
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Any
Flight Dispatcher(s) currently on the Chautauqua Flight Dispatcher Seniority
List whose pay falls below that of any newly-hired Flight Dispatcher(s) that
is
(are) brought in above minimum salary levels outlined above, shall have his/her
pay rate adjusted to that of the newly hired Flight Dispatcher (s).
Employees
with more than twenty (20) years of active service will receive premium pay
as
follows: $.50 per hour per year to a maximum of $2.50.
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B.
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Overtime
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1.
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Overtime
will be at time and a half (1.5 times a Flight Dispatcher’s applicable
hourly rate) when a Flight Dispatcher’s time worked (including vacation
and sick time) is in excess of eighty (80) hours within a single
pay
period.
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2.
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In
the event that the Company is unable to cover an open shift with
overtime,
the Company reserves the right to assign the shift to the most junior,
available, qualified Flight Dispatcher.
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| C. | Holiday Pay |
| 1. | Holidays eligible for holiday pay are those identified in the most current Republic Airways Holdings Associate Handbook. |
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-9-
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2.
All Flight Dispatchers will receive eight (8) hours of straight time
pay
on the holidays listed in paragraph C1 of this
Section.
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3.
Flight Dispatchers who work on the holidays designated above will,
in
addition to the pay provided for in paragraph C2, be compensated
at the
rate of 1.5 times their hourly rate for all hours worked on the
holiday.
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D.
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Override
for Dispatch Coordinator
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A
Flight
Dispatcher shall receive an override as follows while working the
Dispatch Coordinator position:
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June
1, 2007
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June
1, 2008
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June
1, 2009
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June
1, 2010
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June
1, 2011
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4.50
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4.75
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5.00
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5.00
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5.00
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| E. | On-The-Job Training Pay |
| Flight Dispatchers who perform on-the-job training of new, unqualified Flight Dispatchers shall be compensated at a rate $2.00 per hour higher than their current salary while performing such training. | |
| F. | Check Dispatcher Qualification |
| Effective on the date of signing, a Flight Dispatcher qualified as a Check Dispatcher shall receive an override of $4.00 per hour while performing Flight Dispatcher competency checks. |
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G.
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Discretionary
Bonus Program
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1.
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Dispatchers
will participate in the Company Discretionary Bonus
Program.
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2.
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Should
the Company not pay a discretionary bonus for any year during the
term of
this agreement, the Union may reopen the Agreement, on the subject
of
wages only, by giving notice to the Company within 90 days of the
notice
that bonuses will not be paid.
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-10-
SECTION
4
WORK
SCHEDULES
A. Work
Schedules
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1.
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Work
Schedules, designated as either fixed or relief, are based on days
on and
days off and are determined and planned by the Company in accordance
with
the provisions outlined below. Fixed work schedules, once established
shall not be changed except as provided in this
agreement.
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2.
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The
Company and Union will establish a work schedule committee and meet
to
discuss the schedules before they are
posted
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3.
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Work
schedules for Chautauqua, Republic and Shuttle America will be separately
maintained and awarded/assigned
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B.
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Position
Bidding
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1.
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Bidding
will be separate for Dispatchers and Coordinators. This will include
regular shift bids.
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2.
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Each
group will follow the same work cycle and bidding
procedures.
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3.
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Dispatchers
and Coordinators will have a separate bid sheet and will be awarded
positions based on seniority as reflected on the Chautauqua master
seniority list.
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4.
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The
coordinator position will be filled by those Dispatchers that bid
on the
position and who meet the qualifications and standards set by the
Company. If there are no qualified bidders the junior qualified
Dispatcher will be assigned the
position.
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5.
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Once
assigned a Coordinator position the Dispatcher must remain in the
position
for a minimum of one year and provide 120 days notice of his/her
desire to
bid out of the position.
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6.
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If
a Dispatcher is denied a Coordinator position, the Company must give
the
reason/s for such denial in
writing.
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| C. | Fixed Work Schedules |
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1.
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Work
Cycles which are fixed in nature shall be composed of four (4) consecutive
workdays followed by three (3) consecutive days off. The
Company may publish up to 10% of fixed work schedules with five
consecutive workdays followed by two consecutive days off. . By mutual
agreement with the Company each carrier’s Membership may elect to change
their fixed work cycle by a vote at the request of the
Union.
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-11-
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2.
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Workdays
within a four / three fixed work cycle shall be planned as ten (10)
hour
shifts (inclusive of shift overlap) and eight hour shifts within
a
five/two fixed work cycle.
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3.
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For
the purpose of bidding a fixed work cycle, a proposed Work Schedule
shall
be published a minimum of forty-five (45) days in advance of each
semi-annual bid period. Fixed work cycles will be in effect for
6 month periods. The semi-annual bid periods will run April
through September and October through
March.
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| 4. | The awards of bid lines for the fixed Work cycles shall be posted a minimum of thirty (30) days before each respective six (6) month bid period. |
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D.
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Relief
Work Schedules
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1.
|
Relief
Work Schedules shall be composed of a mixture of variable days on
and
variable days off, but shall not exceed one-hundred and sixty (160)
hours
in a four week period and the Company shall strive to create as many
4/3
work cycles as possible.
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2.
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In
the event that operational requirements necessitate, the company
may, with
fourteen (14) days prior notice, add a bid line (or bid lines) that
does
not follow the basic work cycle outlined in Section 4 (A). The basic
work
cycle and schedule for this (these) line(s) shall be five (5) days
of
work, with no shift scheduled for more than eight hours (8), followed
by
two (2) days off.
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3.
|
For
the purpose of bidding a relief Work Cycle, a proposed Work Schedule
shall
be published a minimum of fourteen (14) days in advance for the following
two (2) calendar months. Bid periods will begin at the start of
February, April, June, August, October and
December.
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4.
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The
awards of bid lines for the relief Work Cycles shall be posted a
minimum
of seven (7) days before the first day of the following two month
bid
period.
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| E. | Ratio of Fixed and Relief Lines |
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1.
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A
minimum of fifty (50) percent of the bid lines within the department
shall
be fixed lines as outlined in this
Section.
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2.
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A
maximum of fifty (50) percent of the bid lines within the department
may
be relief lines as outlined in this
Section.
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| F. | Schedule start time changes |
-12-
|
1.
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Start
times will be set + or – 1 (one) hour for the initial fixed work schedule
bid. (e.g. a 4 am shift may start between 3 am and 5 am). Start
times are subject to adjustment every two months during the semi-annual
bid period.
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2.
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Nothing
in this Section will prevent the Company from changing a Flight
Dispatcher’s Work Schedule to accommodate assigned classroom training or
specific familiarization flights assigned by the Company. There
must be a minimum ten (10) hour break between work assignment and
training
and training and other assignments.
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3.
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Shift
start times may be rotated as outlined in F. 1. above, but there
shall not
be more than one change creating two different shift start times
within a
five (5) day period. The Company shall endeavor to publish
consistent rotation of shift start times for the work schedules developed
for bidding and the work schedules published. Such rotation is
subject to change by the Company in accordance with F. 1.
above.
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G.
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Schedule
Evaluation Meeting
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1.
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A
meeting between the Company and the Union shall be held annually,
in order
to evaluate the flexibility and feasibility of revising the items
contained in Paragraphs A through D
above.
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2.
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Any
change to such items must be agreed to by both the Company and the
Union
and revised by Letter of Agreement.
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H.
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Extraordinary
Circumstances
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If,
due to an extraordinary event, changes are necessary to the fixed
or
relief work schedules that have already been awarded, the Company
will
meet with the Union to seek input as to how best implement a
re-bid.
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I.
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Overtime
Bidding
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In
awarding/assigning overtime the following will be
considered:
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Timing
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Position
status
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Seniority
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Equalization
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**
The Union and Company will meet to determine implementation of the
overtime procedures
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-13-
SECTION
5
SENIORITY
A. Chautauqua
Flight Dispatcher Seniority List
There
will be one Master Seniority list maintained that includes Chautauqua, Republic
and Shuttle America Dispatchers. Such list shall be referred to as The
Chautauqua Flight Dispatcher Seniority List. A copy of the Seniority List as
agreed upon the Date of this signed agreement is attached as Appendix
A. Dispatch employees holding an Aircraft Dispatcher Certificate
shall be placed on the Chautauqua Flight Dispatcher Seniority List in order
of
their hire date as a Flight Dispatcher. Should two (2) or more
employees have the same seniority date, they shall be placed on the Chautauqua
Flight Dispatcher Seniority List in order of their birth date with the oldest
being listed first.
B. Accrual
Seniority
shall continue to accrue until such time as the employee separates from the
Company or as otherwise provided in this Agreement.
C. Dispatch
Management
Dispatch
Management shall be listed on the Chautauqua Flight Dispatcher Seniority List
in
order of their hire date into a Flight Dispatcher position.
D. Management
Seniority
Managers
shall continue to accrue seniority for a period of one year while in a
managerial position. Managers on the seniority list as of the date of signing
will continue to accrue seniority for a period of one year. After the
one year Managers shall retain their accrued seniority but shall no longer
accrue additional seniority.
E. Displacement
Protection
No
Flight
Dispatcher on the Chautauqua Flight Dispatcher Seniority List shall be displaced
or furloughed as the result of any manager or supervisor returning to a dispatch
position.
F. Managerial
Exemption
Dispatch
management shall not be entitled to utilize the provisions of Sections 12 or
13
of this Agreement. This shall apply to both discipline and contract
interpretation issues.
-14-
G. Posting
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1.
|
The
Company shall update and distribute the Chautauqua Flight Dispatcher
Seniority List twice annually to the Union and post for all Flight
Dispatchers by the 15th
of January
and July of each year.
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2.
|
The
Company shall provide the Section Chair with the names, employee
numbers
and hire dates of each new Flight Dispatcher at the beginning of
classroom
training.
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H.
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Loss
of Classification Seniority
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1.
|
A
Flight Dispatcher who voluntarily transfers to a position outside
the
Flight Dispatch or SOC department shall be removed from the seniority
list
and forfeit all seniority rights under this
agreement.
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2.
|
A
Flight Dispatcher whose employment with the Company is permanently
severed
shall forfeit his seniority rights and that Flight Dispatcher’s name shall
be removed from the seniority list. Such circumstances include,
but are not limited to, resignation, discharge for cause, retirement,
failure to return to active service following a furlough or leave
of
absence, or other reasons provided for in this
Agreement.
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-15-
SECTION
6
TRAINING
A. Required
Training
For
the
purposes of training only, a Flight Dispatcher working a fixed work cycle may
be
moved off his/her fixed rotation with a minimum of ten (10) days notice. .
The
Company is required to notify the employee as soon as the training is scheduled
but no less than 10 (ten) days prior to the beginning of training. Training
(including Competency Check) shall normally be scheduled on a dispatchers
regular work schedule. Flight Dispatchers in their grace month late
may be assigned to attend training on their days off provided that such training
shall not result in a Flight Dispatcher being scheduled for more than six (6)
consecutive days. Pay for training accomplished on days off shall be compensated
at the overtime rate.
B. Route
Familiarization Flights
Route
familiarization (FAM Ride) shall normally be accomplished on scheduled workdays.
A Dispatcher may elect to accomplish the FAM ride on days off and be compensated
at the overtime rate. If the FAM ride has not been accomplished or scheduled
by
the 15th day of
the Month the dispatcher may be assigned to accomplish the FAM ride on a day
off. FAM rides will be listed as Must-Ride. In the unlikely
event the FAM sequence is disrupted, the Dispatchers will be listed as a
positive space/must ride passenger on the first available code share back to
the
point of origin within the guidelines of the code share partner travel
agreement. The Company shall provide hotel accommodations, when
applicable, and paid expenses in accordance with Company Policy.
C. Check
Dispatchers
Flight
Dispatchers assigned by the Company as a Check Dispatcher during a shift shall
receive additional compensation as set forth in Section 3E of this
Agreement.
-16-
SECTION
7
SICK
LEAVE
A. Paid
Sick Time
Flight
Dispatchers shall receive paid sick time in accordance with the provisions
of
the current Republic Airways Associates Handbook in effect but no less than
listed in this section.
B. Sick
Pay Bank
The
maximum six-hundred sixty (660) hour Sick Pay Bank may be accrued pursuant
to
the table below. The maximum sick bank is divided into accounts of
three-hundred sixty (360) and three-hundred (300) hours. Only after
accruing the maximum three-hundred sixty hours (360) in the first account may
an
employee begin accruing toward the maximum three-hundred (300) hours in the
second account. The three-hundred (300) hour account may be used only
for major, long-term illness or injury (i.e. longer than thirty (30) calendar
days), and then only after the three-hundred sixty (360) hour regular account
has been exhausted. Upon retirement, employees are entitled to be
paid for all accrued but unused Sick Pay Bank hours.
|
Years
of Service
|
Pay
Period Accrual
|
Annual
Accrual
|
|
1st
Year
|
.92
Hours
|
24
Hours
|
|
2nd
Year
|
1.54
Hours
|
40
Hours
|
|
3rd
Year
|
1.85
Hours
|
48
Hours
|
|
4th
Year
|
2.15
Hours
|
56
Hours
|
|
5th
Year
|
2.77
Hours
|
72
Hours
|
-17-
SECTION
8
PROBATION
A. Probation
An
employee shall be on probation for his/her first six (6) months of active
service with the Company as a Flight Dispatcher.
B. Adjustments
to Length
Time
off
due to sickness, injury, leave of absence, furlough or discipline will not
be
counted toward completion of the active service requirement for completion
of an
employee’s probationary period.
C. Applicability
A
Flight
Dispatcher on probation shall not be entitled to utilize the grievance and/or
System Board procedures of this Agreement for any disciplinary action, including
discharge. In any case, should a Flight Dispatcher on probation be
afforded a grievance or System Board hearing, by law or otherwise, the Company
shall not be required to prove “just cause” in any disciplinary or discharge
grievance or System Board hearing.
-18-
SECTION
9
LEAVE
OF ABSENCE
A. Leave
of Absence
When
requirements of service will permit, an employee hereunder may be granted a
leave of absence in accordance with Company policy, as stated in the current
Associates Handbook in effect.
-19-
SECTION
10
BENEFITS
A. Benefits
Flight
Dispatchers shall be provided a minimum level of coverage as stated in the
current Republic Airways Associates Handbook in effect.
-20-
SECTION
11
FURLOUGH
AND RECALL
A. Involuntary
Furlough
|
|
1.
|
The
Company shall notify the Union prior to official announcement and
implementation of a furlough of Flight
Dispatchers.
|
|
|
2.
|
In
the event of a furlough, Flight Dispatchers will be furloughed in
inverse
order of seniority from the Chautauqua Flight Dispatcher Seniority
List.
|
|
|
3.
|
The
Company shall provide fifteen (15) days notification of furlough
or pay in
lieu thereof, except in case of emergency, act of God, or where there
is
no work because of a labor dispute, or other circumstances over which
the
Company has no control.
|
|
|
4.
|
A
furloughed Flight Dispatcher shall retain all seniority and longevity
accrued prior to the time of furlough for a period not to exceed
five (5)
years. He/She shall continue to accrue seniority but not
longevity while on furlough. At the time of furlough, Flight
Dispatchers must provide the proper contact information to Flight
Operations management.
|
|
|
5.
|
A
furloughed Flight Dispatcher shall retain medical coverage, as provided
prior to furlough, for a period of sixty (60) days following the
date of
furlough. Flight Dispatchers with less than 24 months of
service at the time of furlough shall be responsible to pay the employer
portion of the medical cost during the sixty (60) day
period.
|
|
|
6.
|
Flight
Dispatchers on furlough for less than thirty (30) days shall continue
to
accrue longevity for benefit and pay purposes during the period on
furlough.
|
|
|
7.
|
Flight
Dispatchers who remain on furlough at the end of five (5) years from
the
effective date of the furlough shall be released from employment
with
Chautauqua Airlines, and their names shall be deleted from the Chautauqua
Flight Dispatcher Seniority List.
|
B. Recall
|
|
1.
|
The
Company shall notify the Union prior to official announcement and
implementation of a recall of Flight
Dispatchers.
|
|
|
2.
|
Flight
Dispatchers shall be recalled in order of seniority from the Chautauqua
Flight Dispatcher Seniority List.
|
-21-
|
|
3.
|
A
written recall notice shall be sent to each Flight Dispatcher entitled
to
recall to the last address provided to the Company. A Flight
Dispatcher shall be given fifteen (15) days from his/her receipt
of the
notice of recall to return to duty, and must notify Flight Operations
within ten (10) days from the date of receipt of the written recall
notice
of his/her response to the recall on the date specified in the recall
notice. Upon request, a recalled Flight Dispatcher shall have
the fifteen (15) day period to report for duty extended for a period
of up
to an additional period of fifteen (15) days (i.e. to a maximum of
30 days
from receipt of notice of recall) should the Flight Dispatcher need
the
additional time to relocate in order to resume his/her position as
a
Chautauqua Flight Dispatcher.
|
|
|
4.
|
The
Company shall make a reasonable effort to provide space available
air
transportation on Chautauqua aircraft to Flight Dispatchers being
recalled.
|
|
|
5.
|
If
the Company is unable to contact a furloughed Flight Dispatcher for
recall
or if the Flight Dispatcher fails to notify the Company of his/her
response by the deadline date, the Company will consider the Flight
Dispatcher to have voluntarily resigned his/her employment with Chautauqua
Airlines, Inc.
|
|
|
6.
|
Flight
Dispatchers on furlough shall retain recall rights for up to
five (5) years from the date of furlough and thereafter shall
be released from full-time employment with Chautauqua Airlines,
Inc.
|
▇. ▇▇▇▇▇▇▇▇▇
|
|
1.
|
In
the event of a reduction in force or when the Company decides to
close a
station, Flight Dispatchers at that station, with at least one (1)
year of
service as a Flight Dispatcher, who decide not to transfer to another
station will receive eighty (80) hours of severance pay, at the employee’s
current hourly rate.
|
|
|
2.
|
In
addition to the eighty (80) hours outlined in A. above, Flight Dispatchers
shall receive additional hours of severance pay in accordance with
the
schedule below:
|
|
Yrs.
of Service
|
Number
of Additional Hrs. For Each Yr. of Service
|
|
For
Years 1-10
|
Eight
(8) Hours
|
|
For
Years 11-15
|
Sixteen
(16) Hours
|
|
For
Years 15+
|
Twenty-Four
(24) Hours
|
-22-
SECTION
12
GRIEVANCE
PROCEDURES
|
|
A.
|
A
grievance is defined as a claim or dispute by an employee or group
of
employees covered by this Agreement concerning the interpretation
and/or
application of the Agreement or disciplinary or discharge action
taken
against the employee.
|
B. Grievances
Other Than Those Involving Discipline and Discharge
Pre-grievance
Discussion
Any
employee covered by this Agreement who believes that he/she has a grievance
concerning the meaning or application of the terms of the Agreement shall,
within fifteen (15) days after the employee has, or reasonably should have
had,
knowledge of the matter giving rise to the grievance, request an informal
discussion with the Dispatch Manager, or his/her designee to attempt to resolve
the dispute. The employee shall present his/her grievance in person. The
Dispatch Manager, or designee, shall meet with the employee within ten (10)
days
of receiving a request for a discussion. The employee is permitted to have
present a Union representative of his/her choice at the meeting.
Step
1
Should
the result of the pre-grievance discussion be unsatisfactory to the employee
or
should the discussion fail to take place within the ten day period, the employee
may file a grievance in writing to the Director of System Operations Control.
Such grievance shall be filed within ten (10) days of the pre-grievance
discussion deadline. The written grievance shall include a statement of the
facts of the grievance and list the section(s) of the Agreement that relate
to
the dispute. The Director of System Operations Control, or designee (a person
other than the person who conducted the pre-grievance discussion), shall
investigate the grievance and provide a written response within fifteen (15)
days of receipt of the grievance. Should the employee find the decision of
the
Director of System Operations Control, or designee, unsatisfactory, the
grievance may be appealed to Step 2. The appeal to Step 2 shall be made in
writing within thirty (30) days of the employee's receipt of the Step 1
decision.
Step
2
Representatives
for the Union and the Company shall meet once each calendar quarter
to discuss and attempt to resolve all grievances appealed to Step 2.
All
-23-
| resolutions of grievances at Step 2 shall be final and not subject to further appeal. Should the Union and Company representatives be unable to reach agreement on a resolution to a grievance, the Union may appeal the grievance to the Chautauqua Dispatchers' System Board of Adjustment within sixty (60) days of the Step 2 meeting in accordance with the procedures set forth in Section 15 of the Agreement. |
| C. | Grievances Involving Discipline and Discharge |
| Step 1 |
| All actions by the Company concerning the discipline or discharge of an employee covered by this Agreement shall be confirmed in writing to the employee with a copy of such written confirmation supplied to the Union. An employee may, within five (5) days of receipt of written confirmation of the discipline or discharge file an appeal of the Company's action with the Director of System Operations Control. The Director of System Operations Control, or designee, shall investigate the facts related to the discipline or discharge and render a written decision to the employee with a copy to the Union within fifteen (15) days of receipt of the appeal. Should the decision of the Director of System Operations Control, or designee, be unsatisfactory to the employee, the dispute may be appealed by the employee to Step 2. The appeal to Step 2 shall be made in writing within fifteen (15) days of the employee's receipt of the Step I decision. |
| Step 2 |
| Representatives for the Union and the Company shall meet once each calendar quarter to discuss and attempt to resolve all grievances appealed to Step 2. All resolutions of grievances at Step 2 shall be final and not subject to further appeal. Should the Union and Company representatives be unable to reach agreement on a resolution to a grievance, the Union may appeal the grievance to the Chautauqua Dispatchers' System Board of Adjustment within sixty (60) days of the Step 2 meeting in accordance with the procedures set forth in Section 15 of the Agreement. |
| D. | General |
|
|
|
1.
All written communication required by this Section shall be either
delivered in person, with a signature and date confirming receipt,
or
shall be sent by certified mail with a return
receipt.
|
|
|
2.
The Company shall inform an employee in advance of any meeting with
such
employee that may result in discipline or discharge. Nothing herein
shall
be construed to restrict the right of an employee covered by this
Agreement to have a Union Representative present during any meeting
concerning discipline or discharge.
|
-24-
| 3. All "days" as referred to in this Section are calendar days. |
|
|
|
4.
The time limits specified herein may be extended by mutual agreement
between the Company and the
Union.
|
-25-
|
SECTION
13
|
|
SYSTEM
BOARD OF ADJUSTMENT
|
| A. | Establishment and Purpose |
| In compliance with Section 204, Title 11, of the Railway Labor Act, as amended, there is hereby established a System Board of Adjustment for the purpose of adjusting and deciding disputes which may arise under the terms of this Agreement and which are properly submitted to it. This board shall be known as the Chautauqua Dispatchers' System Board of Adjustment (hereinafter referred to as the "Board"). |
| B. | Composition of the Board |
|
|
1.
|
The
Board shall consist of one (1) member appointed by the Company and
one (1)
member appointed by the Union. A third member shall be added to the
Board
to serve as a neutral referee for the purpose of hearing an arbitration
conducted pursuant to this Section. The Company and the Union shall
advise
each other in writing of the name, position, address and phone number
of
their initial appointments to the Board and any subsequent replacement
appointments.
|
|
|
2.
|
A
Chairperson and Vice Chairperson of the Board will be selected from
the
Board members. The office of Chairperson shall alternate yearly between
the Company Board member and the Union Board member, with the Chairperson
position being held by the Union-appointed Board member in even-numbered
years. Whenever the position of Chairperson is filled by a
Company-appointed Board member, the position of Vice Chairperson
shall be
filled by the Union-appointed Board member and vice
versa.
|
|
|
3.
|
Whenever
the Board is convened to hear an arbitration, the Company and Union
may
elect to appoint an alternate to serve as a Board member for the
arbitration.
|
|
|
4.
|
The
appointment of a neutral referee shall be by mutual agreement between
the
parties from the panel described in paragraph G below or, if the
parties
are unable to reach agreement, by the alternate strike method whereby
each
party shall alternately strike the name of a panel member with the
last
remaining panel member being the neutral referee for the subject
arbitration.
|
| C. | Jurisdiction of the Board |
-26-
| The Board shall have jurisdiction over and shall consider all disputes properly submitted to it that are covered under the terms of this Agreement and that arise through grievance out of disputed interpretations or applications of this Agreement or that involve discipline or discharge. The jurisdiction shall not extend to proposed changes in hours of employment, rates of compensation, or working conditions nor shall the Board have the authority to alter the express terms of this Agreement. |
| D. | Submission of Disputes |
| Disputes properly submitted to the Board shall be addressed to the Chairperson with copies to the Vice Chairperson and the Vice President-Flight Operations. The written appeal shall include: |
|
•
The grievant's name and address,
•
A
statement of the question at issue,
•
A
summary of the facts giving rise to the grievance,
•
A
statement setting forth the position of the grievant,
•
A
statement setting forth the position of the Company,
•
The relief sought, and
•
A
copy of the Step 2 decision.
|
| E. | Convening the Board |
| The Board will docket a grievance for an arbitration at the earliest date of availability for the selected arbitrator but not earlier than thirty (30) days from the date of filing with the Board Chairperson unless the parties mutually agree to an earlier date. Arbitrations involving the discharge of an employee shall be docketed for hearing within ninety (90) days from the date of filing with the Board Chairperson unless the parties mutually agree to a later date. |
| F. | Decisions of the Board |
| Decisions of the Board shall be by a majority vote and shall be final and binding on all parties. |
| G. | Neutral Referees |
-27-
|
|
1.
|
The
Company and the Union shall select a panel of nine (9) neutral referees
(arbitrators) who will serve as the third member of the Board for
the
purpose of conducting arbitrations. The selection of the panel shall
be by
mutual agreement between the Company and the Union. If the parties
are
unable, within sixty (60) days from the signing of this Agreement,
to
agree on a full panel, the Chairperson and Vice Chairperson of the
Board
shall mutually petition the National Mediation Board and/or the American
Arbitration Association for the names of three arbitrators for each
unfilled position on the panel. Upon receipt of the names, the Company
and
the Union shall attempt to mutually agree on a member from each group
of
three names. In the event the parties are unable to mutually agree
within
ten (10) business days of receipt of the names, each remaining open
position shall be filled utilizing the alternate strike method with
each
group of three names. The last remaining name in each group shall
fill the
applicable open position on the
panel.
|
|
|
2.
|
Once
the panel is established, the Company and the Union may mutually
agree to
change the membership of the panel at any time. Further, either the
Company or the Union may unilaterally remove a member from the panel,
provided the panel member is not serving as the neutral referee for
an
arbitration that has commenced. The Company or the Union may not
exercise
a unilateral removal more often than once in any six (6) month
period.
|
| H. | Board Records |
| The Board shall maintain a complete record of all matters properly submitted to it and of all findings and decisions made by it. The aforementioned "complete record" does not necessarily include a stenographic transcript of all testimony of all witnesses who appear before the Board. |
| I. | Hearings |
|
|
1.
|
Arbitration
hearings shall be conducted in Indianapolis, Indiana unless the Company
and the Union mutually agree to an alternate
location.
|
|
|
2.
|
The
parties should attempt to agree on a statement of issue to present
to the
Board prior to the commencement of the hearing. Should they be unable
to
agree, both parties shall submit their version of a statement of
issue and
shall provide the other party no later than the day prior to the
arbitration with a copy of the statement of issue they intend to
submit to
the Board.
|
-28-
| 3. | The parties should utilize joint exhibits whenever possible. |
| J. | General |
|
|
1.
|
All
members of the Board shall be free to discharge their duties in an
independent manner and witnesses shall be free to testify without
fear of
recrimination by either of the
parties.
|
|
|
2.
|
Each
party will assume the expenses of its Board member, or alternate,
and its
own witnesses.
|
|
|
3.
|
When
it is mutually agreed that a stenographic transcript is to be made
of a
hearing, one-half the costs shall be borne equally by each party.
Should
one of the parties have stenographic transcript made, that party
shall pay
the complete cost of the transcript. The other party shall, however,
be
provided with a copy of the transcript upon request by paying one-half
of
the costs.
|
|
|
4.
|
Costs
associated with a hearing (e.g. hearing room rental, the arbitrator's
fees
and expenses) shall be borne equally by the Company and the
Union.
|
-29-
SECTION
14
UNION
SECURITY
|
A.
|
Conditions
|
|
1.
|
Each
employee now or hereafter employed as a Flight Dispatcher under this
Agreement shall, as a condition of continued employment in such work,
within sixty (60) days following the beginning of such employment
or the
effective date of this Section, whichever is later, become a member
of,
and thereafter maintain membership in good standing (as herein
defined) in the Union, except as provided otherwise herein. Such
condition
shall not apply with respect to any employee to whom such membership
is
not available upon the same terms and conditions as are generally
applicable to any other member of his/her classification, or with
respect
to any employee to whom membership is denied or terminated for any
reason
other than the failure of the employee to tender the dues uniformly
required of other members of his/her classification as a condition
of
acquiring or retaining membership.
|
|
2.
|
The
condition of payment shall be met if the amount due is tendered to
the
Treasurer of the Union in person or is mailed to him/her within the
prescribed time limits.
|
|
3.
|
For
the purpose of this Section, "membership in good standing in the
Union"
shall consist of the payment by the employee, not later than the
last day
of the second following calendar month, of dues for each calendar
month,
initiation fees and assessments (not including fines and penalties),
which
are uniformly required of his/her classification as a condition of
acquiring or retaining membership.
|
|
4.
|
The
employee may have his/her monthly membership dues deducted from his/her
earnings as provided in paragraph B1 of this Section, or he/she may
pay
his/her membership dues directly to the Union. Initiation fees
must be paid directly to the Union.
|
|
5.
|
Any
employee who fails to voluntarily acquire and maintain membership
in the
Union shall not be required, as a condition of continued employment,
to
become a member of the Union as set out in this section. Such
employee shall be required, beginning sixty (60) says following the
beginning of employment as a Flight Dispatcher or the effective date
of
this Section, whichever is later, to pay the Union each month a service
charge equal to the Union’s regular and usual dues. Any such
employee who, subsequent to the effective date of this Section and
during
the term of this Agreement, joins the Union, must thereafter maintain
his/her membership in the Union as provided in this
Section.
|
-30-
|
6.
|
Notwithstanding
any other provisions contained in this Agreement, if any person is
transferred or promoted to a position in which he/she is not covered
by
this Agreement, the provisions of this Section shall be inoperative
as to
such employee. This paragraph shall not apply to an employee
who is transferred or promoted on a "Temporary" or "Acting"
basis.
|
|
7.
|
When
any person holding seniority under this Agreement returns to a position
covered by this Agreement from furlough, leave of absence, military
leave,
or a position in which he/she was not covered by this Agreement,
the
appropriate provisions of this Section shall, at time of return,
apply in
the same manner as if he/she had been actively employed in such position
on the effective date of this
Section.
|
|
8.
|
When
an employee becomes delinquent by not meeting the requirements of
this
Section for "membership in good standing in the Union," or paragraph
5
above, the following procedure shall be
observed.
|
|
|
(a)
|
The
Treasurer of the Union shall notify the employee by certified mail,
return
receipt requested, copy to the Company's Vice President-Flight Operations,
that the employee is delinquent in the payment of dues as
specified herein and accordingly is subject to discharge as an
employee of the Company. Such letter shall also notify the
employee that he/she make the required payments within thirty (30)
calendar days of the date of mailing of the notice or be subject
to
discharge under the terms of this Agreement. If the notice
above is not received by the employee or is delayed in reaching such
employee as the result of the employee's failure to keep both the
Company
and the Union informed as to his correct mailing address, no extension
in
the time limit specified in the original notice is
required.
|
|
|
(b)
|
Upon
the expiration of the thirty (30) day period following the mailing
of the
notice in subsection 8(a) above, if the employee still remains delinquent
the Treasurer of the Union may certify in writing to the Company's
Vice
President-Flight Operations that the employee has failed to make
the
required payment within the thirty (30) day grace period and is,
therefore, to be discharged.
|
|
|
(c)
|
Within
fifteen (15) days after receipt by the Company of the Union's certified
notice in subsection 8(b) above that the employee is to be discharged,
the
Company shall discharge the employee from its services for failure
to pay
or to tender dues or service charges as required under this
Section.
|
|
|
9. Appeal
|
-31-
|
|
(a)
|
If
the employee discharged or to be discharged under this Section contends
that he/she is not properly subject to discharge under the terms
of this
Section he/she may protest such action to the Chautauqua Flight
Dispatcher's System Board of Adjustment provided that such protest
in
writing is mailed to the Board within (10) days after the date the
employee is notified of such action. This protest shall be
submitted in duplicate to the Chairman of the System Board of Adjustment,
with one copy to be mailed of the Vice President-Flight Operations,
at
such address as he/she may from time to time designate, and the other
copy
to be mailed in care of the Treasurer of the Union. The letter to
the
Chairman of the Board and both copies shall be sent by registered
mail,
return receipt requested. In the event no protest is so filed within
the
above time limits, the action will be considered as proper and will
be
final and binding upon all parties concerned. Within thirty (30)
days of
receipt of such a protest, the System Board of Adjustment will meet
and consider the dispute. A representative of the Company, a
representative of the Union, and the employee affected will be allowed
to
present to the Board all evidence and argument pertinent to the issue.
Prior to the expiration of the workday following such Board meeting,
the
Board will issue either a majority decision or a notice of deadlock.
If a
majority decision is issued, it will be final and binding upon all
parties
concerned. If a deadlock is reached, and if at the time of the deadlock
the Board cannot agree upon a neutral to sit with the Board to decide
the
dispute, the Board will immediately request the National Mediation
Board
to appoint a neutral, and the Board will meet with him/her at the
earliest
opportunity and decide the dispute. At the meeting the Board, sitting
with
a neutral, a representative of the Company, a representative of the
Union, and the employee affected, will be allowed to present to the
Board
all evidence and arguments pertinent to the issue. A majority decision
of
the Board, including the neutral, will be issued within thirty (30)
days
after such meeting and will be final and binding upon all parties
concerned. The expenses and reasonable compensation of the neutral
selected as provided herein shall be borne equally by the parties
to this
Agreement.
|
|
|
(b)
|
The
provisions of Section 12 shall not apply to disputes arising under
this
Section, and the provisions of this Agreement establishing a System
Board
of Adjustment shall apply to such disputes except as they are superseded
by the above provisions relating to procedure for handling
disputes.
|
|
|
(c)
|
The
effective date of an employee's discharge under this Section will
be held
in abeyance during the time that a dispute is unsettled as to whether
or
not the individual is properly employed under the provisions of the
Section. If a decision is made that the employee should be discharged,
the
discharge shall be effected the day following the issuance of the
decision. In the event a reduction in force occurs during such time
as an
employee's status is being protested under the provisions of this
Section,
such employees will considered as having seniority under this Agreement
for purposes of effecting the
reduction.
|
-32-
|
10.
|
Time
limits specified in this Section may be extended in individual cases
only,
and then only by written agreement between the Company and the
Union.
|
|
11.
|
An
employee discharged under the provisions of this Section shall be
deemed
to have been "discharged for just cause" within the meaning of the
terms
of this Agreement.
|
|
12.
|
All
letters and notices provided for by this Section shall be sent by
registered mail, return receipt requested. Such letters and
notices or copies sent to the Union shall be addressed to the Treasurer
of
the Union at such address as he/she may from time to time
designate. Such letters and notices or copies sent to the
Company shall be addressed to the Company's Vice President-Flight
Operations at such address as he/she may from time to time
designate.
|
| 13. |
Nothing
in this Section shall require the Company to terminate the employment
of
any employee until the services of a qualified replacement are
available except that the provisions of this paragraph will not
permit the Company to retain an employee in its employment in excess
of
ninety (90) calendar days from the date of the Union's notice given
pursuant to the paragraph A(8)(c) of this
Section.
|
|
14.
|
For
the purposes of this Section, when an employee is discharged or resigns
and he/she returns more than twelve (12) months from the date of
discharge
or resignation, he/she will be considered as a new employee for purposes
of this Agreement.
|
|
15.
|
Both
the Union and the Company, or either of them, shall have the right
at any
time, to notify individual employees directly of any provisions of
this
Agreement.
|
|
16.
|
When
new employees are hired or transferred into classifications covered
by this Agreement the Company will furnish monthly to the Union the
names,
classification, point of employment and payroll register number of
such
new employees. The Company will furnish to the Union the names,
present and previous classification, point of employment and payroll
register number of all employees who may transfer out of classifications
covered by this Agreement; in addition, the Company will furnish
to the
Union the names, location, payroll register number and status of
employees covered by this Agreement who terminate their payroll
status for any reason, such listing will be furnished
monthly.
|
B. DUES
CHECK - OFF
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1.
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During
the life of this Agreement the Company will deduct from the pay of
each
Flight Dispatcher and remit to the Union monthly membership dues
or
service charges uniformly levied in accordance with the Railway Labor
Act,
as amended, and the constitution and bylaws of the Union, provided
such
Flight Dispatcher voluntarily executes the agreed form, which is
hereinafter included in this Agreement to be known as "check-off
form,"
which shall be prepared and furnished by the Union. The Company will
not
be required to deduct monthly membership dues from the pay of employees
covered by this Agreement unless the Company has received a check-off
form
and has not received a notice of revocation
thereof.
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-33-
ASSIGNMENT
AND AUTHORIZATION
FOR
CHECK-OFF UNION DUES
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TO
CHAUTAUQUA AIRLINES
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I,
, hereby assign to the Transport Workers Union of America,
AFL-CIO, Union dues from any wages earned or to be earned by me as
your
employee and authorize and direct you to deduct the sum of $___________
each month, which are the monthly membership dues (or such monthly
membership dues as may hereinafter be established by the Union as
dues for
employees in my present or future classification under the Agreement
upon
notification to the Company by the Treasurer of the Union) from one
pay
check per month and to remit same to the Treasurer of the Union.
This
assignment and authorization may be revoked by me in writing after
the
expiration of one (1) year from this date, or upon the termination
date of
the applicable collective bargaining agreement between CHAUTAUQUA
AIRLINES, and the Union in effect at the time this is signed, whichever
occurs sooner. This authorization and direction is made subject to
the provisions of the Railway Labor Act, as amended, and in accordance
with existing Agreement between the Union and the
Company.
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Employee
Payroll No.
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Job
Classification
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Department
Location
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Date
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Signature
of Employee
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Street
Address
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City
and State
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2.
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When
a Flight Dispatcher properly executes such check-off form, the Treasurer
of the Union shall forward the original signed copy to the Company’s
Manager - Payroll. A check-off form must be completed in a
legible manner or it will be returned to the Treasurer of the Union
for
correction. Any notice of revocation as provided for in this
Section or the Railway Labor Act, as amended, must be in writing,
signed
by the employee and two copies delivered by registered or certified
mail,
addressed to the Treasurer of the Union. Dues deductions will be
continued
until one (1) copy of such notice of revocation is received by the
Company’s Manager - Payroll, from the Treasurer of the
Union. Check-off forms and notices received by the Company’s
Manager - Payroll will be stamp-dated on the date received and will
constitute notice to the Company on the date received and not when
mailed.
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-34-
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3.
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When
a check-off form, as specified herein, is received by the Manager
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Payroll fifteen (15) days or more before the issuing date of the
first
bi-weekly paycheck of the month, deductions will commence with such
paycheck and continue thereafter until revoked or canceled as provided
in
this Section. The Company will remit to the Union a check in
payment of all dues collected as soon after the payday on which deductions
were made, as practicable and within thirty (30) days. The
Company remittance of Union membership dues to the office of the
Treasurer of the Union will be accompanied by two (2) copies of a
list for
each location which includes (1) names, (2) employee register numbers
and
(3) individual amounts deducted.
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4.
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An
employee who has executed a check-off form and who has been (1)
transferred or promoted to a job not covered by this Agreement,
(excluding transfers or promotions on a "Temporary" or "Acting"
basis), (2) who has taken a leave of absence without pay, (3) who
quits or
resigns from the Company, (4) who is laid off, or is (5) otherwise
terminated from the employ of the Company, shall be deemed to have
automatically revoked his/her assignment as of the date of such action
and
if he/she (1) transfers back or returns to a job covered by this
Agreement, (2) returns from leave of absence, (3) is rehired, (4)
is
recalled or (5) re-employed, further deductions of Union dues will be
made only upon execution and receipt of another check-off
form.
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5.
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Collection
of initiation fees, as well as any back dues or service charges owed
at
the time of starting deductions for an employee, collection of dues
or
service charges missed because the employee's earnings were not sufficient
to cover the payment of dues for a particular pay period, and collection
of dues or service charges missed because of accidental errors in
the
accounting procedure, will be the responsibility of the Union and
will not be the subject of payroll deduction. It will be the
Union's responsibility to verify apparent errors with the individual
Union
member before the representative contacts the Company's Manager -
Payroll.
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6.
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Deductions
of membership dues shall be made from one (1) paycheck each month
provided
there is a balance in the paycheck sufficient to cover the amount
after
all other deductions authorized by the employee or required by law
have
been justified. In the event of termination of employment,
there shall be no obligation of the Company to collect dues until
all such
other deductions (including money claims of the Company and the Credit
Union) have been made, and such obligation to collect dues shall
not
extend beyond the pay period in which the employee's last day of
work
occurs.
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-35-
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C. General
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1.
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This
Section shall be in force only so long as the Union continues as
the
recognized representative of the employees under this
Agreement.
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2.
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The
Company shall not be liable for any wages or other claims (including
discharge) of any Flight Dispatcher which may result from action
taken by
the Company pursuant to a written order by an employee or an authorized
Union representative under the terms of this
Section.
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3.
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As
used herein, the word "Union" means Local 540, and "Treasurer of the
Union" means Treasurer of Local 540 where
applicable.
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-36-
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GENERAL
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A.
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The
Company shall share the expense of providing each Flight Dispatcher
with a
bound, printed copy of this Agreement with the
union.
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B.
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All
orders to and requests from a Flight Dispatcher involving transfers,
promotions, demotions, layoff, re-employment, leaves of absence,
or
anything affecting his/her pay or status, shall be
writing.
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C.
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The
Company will meet with the Union to review new technology that the
Company
may introduce that directly relates to the Flight Dispatcher
position.
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D.
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For
the term of this Agreement, neither the Union nor any employees
represented by the Union will authorize, support or engage in any
strikes,
work stoppages, slowdowns, job actions (including any sympathy strike
or
refusal to cross picket lines established by other unions) directed
against the Company. The Company reserves the right to
discipline, up to and including discharge, any employee who violates
any
portion of this provision. Further, the Company shall not
cause, permit, or engage in any lockout of its Flight Dispatchers
during
the term of this Agreement.
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E.
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Should
any part hereof or any provisions herein contained be rendered invalid
by
reason of any existing or subsequently enacted legislation or act
of any
authorized agency of government or by any decree of a court of competent
jurisdiction, such invalidation of such part or portion of this Agreement
shall not invalidate the remaining portions thereof, and they shall
remain
in full force and effect. Upon the request of either party
hereto, subsequent to any such invalidation, the Company and the
Union
shall meet to discuss whether any modifications to this Agreement
are
necessary.
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F.
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A
Flight Dispatcher shall be permitted to attend any formal investigation
of
a Chautauqua aircraft incident or accident, as such terms are defined
by
the NTSB, in which a Flight Dispatcher is believed to be
involved.
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G.
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The
Company shall provide space for a Union bulletin board in the general
work
area of the Flight Dispatchers. Such bulletin board must be
lockable and shall be for the exclusive use of the
Union. Materials posted shall be limited to official Union
business and shall not contain any editorial material contrary to
the
interests of the Company.
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H.
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Flight
Dispatchers will be afforded travel benefits similar to those extended
to
other employee groups as established by company policy as may be
amended
by the Company from time-to-time. Whenever the Company intends
to modify its online employee travel policy it shall provide the
Union
thirty (30) days notice of the change. The Union will have an
opportunity to comment on the change and such comments will be considered
by the Company. The Company shall make available to Flight
Dispatchers, each year, a list of carriers with which it has jumpseat
agreements.
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-37-
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I.
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Flight
Dispatchers who at the time of retirement are covered by this Agreement
shall receive retiree travel privileges in accordance with the Company’s
Employee Handbook.
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J.
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Flight
Dispatchers who are furloughed/severed under the terms of this Agreement,
as the result of a reduction in force will be granted, upon request,
one
(1) free round trip space available pass on Company aircraft for
the
purpose of seeking employment. Such pass may be to any point on
the Company’s system within the continental limits of the United States,
to the extent permitted by law.
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K.
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In
accordance with applicable law, there shall be no discrimination
against
Flight Dispatchers covered by this Agreement because of race, color,
creed, national origin, religion, sex, age, handicap or disability,
or
veteran status (including Vietnam era veteran and special disabled
veteran
status).
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L.
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The
Section Chairman or alternate designee performing official Union
business
shall be granted time off from work to a maximum aggregate of 96
unpaid
hours per calendar year. All time granted will be contingent
upon there being adequate schedule
coverage.
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M.
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The
Company will continue providing for direct deposit (electronic transfer)
of paychecks.
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N.
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Flight
Dispatchers covered under this Agreement shall be given time off
for jury
duty as per applicable state law. Time off will be without pay
unless the applicable state law
changes.
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O.
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Flight
Dispatchers shall be authorized to occupy cockpit jumpseats on Company
aircraft in accordance with the provisions of the Company’s General
Operations Manual. Chautauqua Flight Dispatchers will have
higher priority than pilots and dispatchers employed by other
carriers.
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P.
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The
Company will continue to provide the Flight Dispatchers with free
parking
at their work location.
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Q.
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Upon
written request to the Dispatch Manager, a Flight Dispatcher’s complete
personnel file will be made available to him/her during regular business
hours.
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-38-
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R.
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The
Company will not use discipline letters more than two (2) years old
during
the grievance process involving a Flight
Dispatcher.
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S.
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The
Company will allow an opportunity for input from the Union regarding
functionality and ergonomics before introducing new equipment or
new
furniture into the Dispatch Office, or before the Company relocates
the
Dispatch Office.
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T.
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No
Flight Dispatcher covered under this Agreement shall be required
to
perform the duties of employees who are conducting a legal strike
or other
job action against the Company.
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-39-
SECTION
16
FILLING
OF VACANCIES
| A. | Filling of Vacant Work Schedules |
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1.
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A
Permanent Vacancy on a fixed Work Schedule shall be filled by offering
the
fixed line to the most senior Dispatcher below the Dispatcher leaving
the
originally awarded position. The offer will continue down the
list until a Dispatcher who wants the fixed line is
assigned. If the dispatcher picking up the line is a fixed line
holder himself his line will be put onto relief lines. Should
there be no bids to move to the open fixed Work Schedule, the
Company may assign the most junior qualified Relief Dispatcher to
the open
Work Schedule.
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2.
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A
vacancy that is expected to last less than sixty (60) days shall
be
considered a temporary vacancy and will be filled using Relief
Dispatchers.
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3.
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If
the company obtains FAA approval for a reduced training program (3
day
program) the following procedures would
apply:
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a.
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Dispatchers
will have the opportunity to bid a Flight Dispatcher position with
another
Certificate holder as vacancies become
available.
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b.
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Those
who are awarded positions will retain their seniority and
longevity.
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c.
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Dispatchers
once awarded a position may not voluntarily bid to another Certificate
holder for a period of 2 years.
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4.
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A
furloughed Flight Dispatcher from one certificate holder may bid
a vacant
position in another certificate holder, and if there is no vacant
position, may displace the most junior Flight Dispatcher, if any,
in
another certificate holder
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| B. | Filling of Special Assignments |
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1.
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The
opportunity to fill Special Assignment Work Schedules within a certificate
holder shall be posted by the Company. The most senior qualified
Flight
Dispatchers who have indicated their desire for the Special Assignment
shall be selected for the assignment. Should no Flight
Dispatcher express an interest for a particular Special Assignment
and the
Company deems it necessary to fill the Special Assignment, the most
junior
qualified Flight Dispatcher may be
assigned.
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-40-
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2.
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The
opportunity to fill a Special Assignment that is not certificate
holder
specific will be done by posting of the Assignment and the Dispatchers
shall have the right to indicate that they would like to accept the
Assignment. The Company will have sole discretion to choose
from the Dispatchers indicating a desire to fill the
position.
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3.
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Special
Assignments that are not certificate holder specific will be for
durations
of 60 days or less.
|
-41-
SECTION
17
VACATION
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1.
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Flight
Dispatchers shall receive vacation in accordance with company policy
as it
relates to hourly employees as amended but no less than the schedule
below.
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1-6
years of service
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80 hours |
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7-20
years of service
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120 hours* |
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*A
Dispatcher who obtains his 7th
year
anniversary from Jan1-June 30 will receive 120 hours for that
year. A Dispatcher who obtains his 7th
year
anniversary July 1st
and after
will receive 80 hours for that
year.
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2.
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Vacations
will be bid annually in October for the following year. Each
dispatcher will be required to bid all vacation time except for 40
hours
which can be held for DAT vacation. Awards will be awarded in
seniority order, as reflected on the Chautauqua Flight Dispatcher
Seniority List. Once vacations are awarded, they shall not be changed
by
the Company without the consent of the Dispatcher. Employees shall
not be
junior manned on their regularly scheduled days off and trip trades
off
immediately prior to, during or after their scheduled
vacation.
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3.
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At
the time vacations are bid, employees may defer forty (40) hours
annually
of his/her vacation entitlement to be utilized as single vacation
days
(“DAT”). Such days must be utilized within the calendar
year. Requests to utilize DAT days must be made by the 10th day
of the preceding month prior to the start of each 2 month relief
bid
period prior to the DAT/s to be taken and awarded no later than 20th
day of the
month prior to the start of the relief bid period. Request
for
DAT/s may be made at anytime after the closing of the DAT bid awards
subject to management approval but shall not disrupt prior DAT awards.
DAT
awards will be subject to operational requirements and must be taken
after
use of regular vacation bids
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4.
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Up
to forty (40) hours of vacation remaining but not yet used by the
end of
December may be cashed out, or, if the company was unable to grant
due to
operational constraints, carried over to be used in the first calendar
quarter of the next calendar year. All vacation time not used
by the end of the first quarter of the following year will be cashed
out.
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5.
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Flight
Dispatchers and Coordinators will bid separately for vacations at
each
certificate holder.
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6.
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In
the event, as a result of a voluntary transfer, a Dispatcher or
Coordinator transfers to another certificate holder or bid location
(Coordinator to dispatcher
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-42-
or
Dispatcher to Coordinator) his/her vacation previously bid may, at the Company’s
discretion be granted. In the event the Company can not grant this request,
the
Employee shall be allowed to choose from the remaining weeks in the new bid
location.
-43-
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SECTION
18
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DURATION
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This
Agreement shall become effective upon signing and shall continue in full force
and effect through June 1, 2012 and shall renew itself for yearly periods
thereafter unless written notice of intended change is served in accordance
with
Section 6, Title I, of the Railway Labor Act, as amended, by either party hereto
not sooner than one-hundred twenty (120) days but not less than sixty (60)
days
prior to June 1, 2012 or a subsequent anniversary of such date, unless the
parties mutually agree otherwise.
IN
WITNESS WHEREOF, the parties hereto have signed this Agreement this 20th day
of
June 2007.
| For the Union: | For the Company: | |||
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Name:
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Name:
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Title:
International Administrative Vice President
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Title:
Chief
Operating Officer
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| Transport Workers Union of America AFL/CIO | Republic Holdings, Inc. |
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Name:
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Name: ▇▇▇
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Title:
International Representative
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Title:
Vice
President Labor Relations
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| Transport Workers Union of America AFL/CIO | Republic Holdings, Inc. |
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Name:
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Name:
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Title:
President Local 540
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Title:
Vice
President Systems Control
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| Transport Workers Union of America AFL/CIO | Republic Holdings, Inc. |
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Name:
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Name:
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Title:
Section Chairman Local 540, Republic Holdings
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Title:
Manager Employee Service
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| Transport Workers Union of America AFL/CIO | Republic Holdings, Inc. |
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Name:
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Title:
Shop
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| Transport Workers Union of America AFL/CIO |
-44-
LETTER
OF
AGREEMENT
between
CHAUTAUQUA
AIRLINES, INC.
and
THE
FLIGHT DISPATCHERS
in
the
service of
CHAUTAUQUA
AIRLINES, INC.
as
represented by
TRANSPORT
WORKERS UNION
OF
AMERICA, AFL-CIO
Signing
Bonus
The
Union
and the Company agree to the following signing bonus program on a one time
basis
for Employees who are on the payroll the day of ratification of the
agreement.
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1.
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Any
Employee on the payroll who has completed one year of service will
receive
a signing bonus of $1,000.00. The bonus will be paid within 30 days
of the
date of ratification.
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2.
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Current
Employees with less than one year of service will receive $1,000.00
signing bonus on the completion of one year of service. The signing
bonus
will be paid the full pay period following the one year
anniversary.
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The
AGREED
AND ACCEPTED:
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By:
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By:
▇▇▇▇
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President
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Vice
President, Systems Control
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| Transport Workers Union, Local 540 | Chautauqua Airlines, Inc. |
-45-
LETTER
OF
AGREEMENT
between
CHAUTAUQUA
AIRLINES, INC.
and
THE
FLIGHT DISPATCHERS
in
the
service of
CHAUTAUQUA
AIRLINES, INC.
as
represented by
TRANSPORT
WORKERS UNION OF AMERICA, AFL-CIO
_________________________________________
Republic
Airlines, Inc.
WHEREAS
Section 1.B. of the Chautauqua Flight Dispatchers Agreement (“Agreement”) dated
February 19, 2001 extends to the Flight Dispatchers covered by the Agreement
the
right to perform dispatch functions for FAR Part 121 flying by pilots on the
Chautauqua Pilots System Seniority List; and
WHEREAS
pilots on the Chautauqua Pilots System Seniority List will perform Part 121
flying for Republic Airlines, Inc. (“Republic”);
NOW,
THEREFORE, the parties agree that the following terms shall apply:
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1.
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Flight
Dispatchers performing dispatch functions for Republic and Shuttle
America
will be covered by the Agreement.
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2.
|
The
rates of pay and other terms and conditions of employment as set
forth in
the Agreement will apply to such Flight Dispatchers, under the following
terms:
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a.
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There
will be one Master Seniority list maintained, that will cover Chautauqua,
Republic and Shuttle America Dispatchers. As per Section 5 of
the Agreement it will be titled Chautauqua Flight Dispatcher Seniority
List.
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b.
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Chautauqua
Flight Dispatchers with 2 or more years of dispatcher seniority will
have
the opportunity to bid a Flight Dispatcher position with Republic
and
Shuttle America as vacancies become available. Those who are
awarded positions with Republic or Shuttle will retain their seniority
and
longevity.
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c.
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After
a Flight Dispatcher has been awarded a bid from Chautauqua to Republic
or
Shuttle, the Flight Dispatcher may not voluntarily bid back to
Chautauqua. However, in the event of a furlough, a furloughed
Flight Dispatcher from one company may bid a vacant position in the
other
company, and if there is no vacant position, may displace a junior
Flight
Dispatcher, if any, in the other
company.
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d.
|
Work
schedules and vacations for Chautauqua, Republic and Shuttle will
be
separately maintained and
awarded/assigned.
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3.
|
Paragraph
2.a and 2.b above shall no longer apply if the transfer provisions
set out
in Section 16.A.3.a-c of the Agreement are
implemented.
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AGREED
AND ACCEPTED:
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By:
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By:
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President
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Vice
President System Control
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| Transport Workers Union, Local 540 | Chautauqua Airlines | |||
| Date: June 20, 2007 | Date: June 20, 2007 |
-46-