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EXHIBIT 10.20
AGREEMENT BETWEEN
AMERICAN INTERNATIONAL AIRWAYS, INC.
And The
PILOTS, CO-PILOTS AND
FLIGHT ENGINEERS
In The Service Of
AMERICAN INTERNATIONAL AIRWAYS, INC.
As Represented By
THE TEAMSTERS - AIRLINE DIVISION
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July 20, 1995
TENTATIVE CONTRACT AGREEMENT
In reference to NMB Case: A-1602
On July 20, 1995, American International Airways, Inc., and the International
Brotherhood of Teamsters agree that the attached "Tentative Contract" between
the parties is final and binding upon the parties, pending ratification of the
membership.
Dated: July 20, 1995
For American International Airways, Inc.
Airways, Inc.
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For: The International Brotherhood of Teamsters
Brotherhood of Teamsters
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TABLE OF CONTENTS
Page
Article Title No.
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I RECOGNITION, PURPOSE, SCOPE AND MERGERS
II DEFINITIONS
III UNION SECURITY
IV SENIORITY
V GRIEVANCE PROCEDURE
VI SYSTEM BOARD OF ADJUSTMENT
VII BOARD OF ARBITRATION
VIII FURLOUGH AND RECALL
IX LEAVES OF ABSENCE
X SICK LEAVE
XI VACATION
XII VACANCY BIDDING
XIII TRAINING AND UPGRADING
XIV SCHEDULING
XV HOURS OF SERVICE
XVI UNIFORMS
XVII PHYSICAL EXAMINATIONS
XVIII HEALTH AND WELFARE
XIX COMPENSATION
XX EXPENSES, LODGING & TRANSPORTATION
XXI GENERAL CONDITIONS
XXII MISSING, INTERNMENT, PRISONER OR
HOSTAGE OF WAR BENEFITS, HIJACKING
XXIII STRIKE, LOCKOUT RIGHTS
XXIV EXTENDED ROTATION
XXV MANAGEMENT RIGHTS
XXVI NEW BASES
XXVII DURATION
LETTER OF AGREEMENT
Dated: July 28, 1994 - Flight Engineer Upgrade
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AGREEMENT BETWEEN
AMERICAN INTERNATIONAL AIRWAYS, INC.
AND THE
PILOTS, CO-PILOTS AND FLIGHT ENGINEERS
IN THE SERVICE OF
AMERICAN INTERNATIONAL AIRWAYS, INC.
AS REPRESENTED BY
THE TEAMSTERS AIRLINE DIVISION
This Agreement is made and entered into in accordance with the provisions of
the Railway Labor Act, as amended, by and between American International
Airways, Inc., hereinafter known as the "Company", and the Pilots, Co-Pilots
and Flight Engineers (herein after known as the "Crewmembers") in the service
of the Company as represented by the International Brotherhood of Teamsters
Airline Division, hereinafter known as the "Union".
ARTICLE I - RECOGNITION, PURPOSE, SCOPE AND MERGERS
(A) NATIONAL MEDIATION BOARD CERTIFICATION
Pursuant to the certification by the National Mediation Board in Case Nos.
R-6152 (Pilots) and R-6145 (Flight Engineers) dated December 17, 1992, the
Company hereby recognizes the International Brotherhood of Teamsters Airline
Division, as the duly designated and authorized representative of the Pilots,
Co-Pilots and Flight Engineers in the employ of American International Airways,
Inc. D/B/A ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Services, Inc for the purposes of the Railway Labor
Act, as amended.
(B) PURPOSE OF AGREEMENT
In the mutual interests of the Crewmembers and of the Company, the purpose of
this Agreement is to provide for orderly collective bargaining relations
between the Company and the Union and a method for the prompt and equitable
disposition of grievances, and a method for the establishment of fair wages,
hours and working conditions for the crewmembers covered hereunder. In making
this Agreement, it is recognized to be the duty of the Union, the Crewmembers
and the Company to cooperate fully for the advancement of the purpose of this
Agreement.
(C) SOLE AGREEMENT
This Agreement shall supersede all existing or previously executed Agreements
by and between the Company and the Union or any other labor organization or
individual with respect to the rates of pay, rules, or working conditions
specifically covered by the provisions of the Agreement in accordance with the
provisions of the
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Railway Labor Act, as amended. Any and all subsequent modification of this
agreement shall be reduced to writing, signed by their authorized
representatives, and become a part of this Agreement.
(D) Whenever the words "Pilot(s)", "Flight Engineer(s)", or
"Crewmember(s)" are used in this Agreement, they designate and refer to only
such employees as are covered by this Agreement. It is further recognized that
wherever Crewmembers are referred to in this Agreement in either the masculine
or feminine gender, it shall be understood to mean both male and female
Crewmembers. It is further understood that there shall be no discrimination by
either party against any Crewmember who is now, or may become, subject to the
terms of this Agreement because of age, race, sex, color, religion or national
origin.
(E) SCOPE, CONSOLIDATION OR ACQUISITION
1. It is agreed that all present and future flying performed in
and for the service of the Company under FAR Part 121, and all ferry flights
under FAR Part 91 for the purpose of positioning and/or depositioning from or
to a revenue trip, in aircraft listed on the Company's Operations
Specifications List presently issued by the FAA, or any future list, shall be
performed by Crewmembers on the Company Master Seniority List in accordance
with the terms and conditions of this Agreement or any other applicable
agreement between the Company and the Union.
2. In the event that no Crewmember on the Company Master
Seniority List is available, or qualified for the purpose of operating a
flight, the Company shall have the right to obtain temporary crewmembers to
operate said flight. This applies only to FAR part 91 ferry flights. No
Crewmember on the Company Master Seniority List shall be reduced in crew class
or suffer any loss of guarantee as defined in Article XIX, or employee benefits
as defined in Article XVIII, as a result of the flight.
3. In the event the Company's operational requirements
necessitate the wet lease of additional equipment in order to provide service
to its customers or potential clients and/or the expansion of its markets, the
following procedures shall apply:
a. The Company shall notify the Union within three (3)
working days prior to the commencement of any lease operation, to
include the reason(s) for the lease, the equipment to be utilized, the
hours of flying, the duration, and the effect of the operation upon
the Company's Crewmembers. This applies only to wet lease agreements
of more than fifteen (15) days.
b. No Crewmember within the bargaining unit on the date
of any wet lease shall be reduced in crew class or suffer any loss of
guarantee as defined in Article XIX, or employee benefits as defined
in Article XVIII, as a result of the wet lease agreement.
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4. In the event the Company purchases or acquires another Company
that employs Crewmembers or has a lease agreement for Crewmembers, no
Crewmember within the bargaining unit on the date of acquisition or purchase
shall be reduced in crew class or suffer any loss of guarantee as defined in
Article XIX, or employee benefits as defined in Article XVIII, as a result of
such acquisition or purchase.
5. The Company agrees not to establish a third party leasing
device to evade this Agreement.
ARTICLE II - DEFINITIONS
As used in this Agreement, except as otherwise provided:
(A) "Pilot" means Captain or First Officer as herein defined.
(B) "Captain" means the Pilot who is designated to be in command of the
aircraft and its crewmembers while on duty and who is properly qualified under
F.A.R. Part 121 to serve as a Captain and holds a Crew Class bid as a Captain.
(C) "First Officer" means a Pilot, who is designated as second in command,
and who is properly qualified under F.A.R. Part 121 to serve as a First Officer
and holds a Crew Class bid as a First Officer.
(D) "Flight Engineer" means a Crewmember whose duty is to perform the
function of a Flight Engineer as designated and who is properly qualified to
serve as a Flight Engineer under F.A.R. Part 121, and holds a Crew Class bid as
a Flight Engineer.
(E) "A & P Flight Engineer" means a Crewmember whose duty is to perform
the function of a Flight Engineer as specified by the Company and who holds an
Airframe and Powerplant Certificate and has been designated by the Company to
perform required maintenance on Company Aircraft and holds a Crew Class bid as
a Flight Engineer.
(F) "Category" means the respective crew skill (Pilot or Flight Engineer)
held by a Crewmember.
(G) "Crewmember" means the Pilots and Flight Engineers covered by this
Agreement employed by the Company.
(H) "Crew Class" means the respective job designation of a Crewmember
within his respective category, as follows:
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CATEGORY CREW CLASS
(Craft) (Bid)
Pilot Captain
First Officer
Flight Engineer Flight Engineer
A & P Flight Engineer
(I) "Flight Pay" means the hourly rate of pay based on the time the
Crewmember performs the duties of a Crewmember, and shall be measured Block to
Block.
(J) "Block to Block" means the period of time from the moment the
restraining devices are removed from the aircraft for the purposes of flight,
until restraining devices are reinstalled at either the point of departure, an
intermediate stop, or the final destination.
(K) "Standing bid on File", is a bid submitted in conjunction with a
Master bid that reflects a Crewmember's preference(s).
(L) "Master Bid" is a list of current and projected aircraft type and Crew
Class positions provided by the Company.
(M) "Type" means the various aircraft operated by the Company.
(N) "Base" means the geographical point designated by the Company from
which a Crewmember operates.
(O) "Domestic" means the forty-eight (48) contiguous states and the
District of Columbia as defined in the F.A.R.'s.
(P) "International" means any point or area outside the forty-eight (48)
contiguous states and the District of Columbia as defined in the F.A.R.'s.
(Q) "Reduction" means a reduction in flying hours caused by whatever
reason and is considered a temporary situation.
(R) "Revenue Flying" for crew pay purposes means all flying performed on
aircraft operated by the Company.
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(S) "Duty Time" means that time interval between the time a Crewmember is
required to report for duty and the time he is released from duty as specified
in Article XV, Section B.
(T) "Day" means a calendar day, measured form 0001z to 2400z as specified.
(U) "Active Service" means all accumulated time, commencing with date of
hire as a Crewmember, for which the Crewmember is paid by the Company,
including any time that he receives any portion of sick leave pay.
(V) "Foreign Base" means any base outside the United States and the
District of Columbia.
(W) Bid Period - a period of duty days and intervening days off, beginning
at 0001Z on the first day of the month and ending at 2400Z on the last day of
the month. There are 12 bid periods in a calendar year.
(X) "Month" means the period of time commencing with and including the
first day of the month up to and including the last of the month with the
exception of the first quarter of the year which shall be as follows:
January shall commence on January 1 at 0001Z, and end on January 30 at
2400Z; February shall commence on January 31 at 0001Z and end March 1
at 2400Z; March shall commence on March 2 at 0001Z and end March 31 at
2400Z.
(AA) Deadhead - the time spent by a Crewmember in traveling from
one point to another at the direction of the Company, either for duty or
returning from duty.
(BB) Wet Lease - The leasing of aircraft with a flight crew.
(CC) A Line of Flying - a Crewmember's scheduled activities and
intervening days off for a bid period, including scheduled flights, layovers,
deadhead time and other related activities.
(DD) Master Crew Schedule - the schedule of all Crewmember's work
and trip information for a bid period, including, but not limited to, all
regular and reserve lines of flying, training, layovers, etc., which is posted
by the Company after assignments have been awarded to the Crewmembers in
accordance with their seniority.
(EE) Minimum Bid Period Guarantee (MBPG) - the minimum credit hours
a Crewmember will receive in a bid period.
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(FF) Open Time - flights which have become available because of
training, vacations, sick leave, etc., after completion of the bid awards.
(GG) Reserve Line - a Crewmember's scheduled days of reserve duty
and intervening days off for a bid period.
(HH) Training - all types of training to include, but not limited
to Initial, Transaction, Recurrent, Proficiency, Upgrade, Differences, etc.
(II) Dry Lease - The leasing of an aircraft without a flight crew.
(JJ) Reserve Crewmember - A Crewmember that holds or is assigned to
a Reserve Line of flying that contains open time trips that do not fit into the
Master Crew Schedule for a bid period.
(KK) Reserve Period - A fixed period of time within a 24 hour day,
that a Crewmember may be assigned to a trip.
(LL) "F.A.R." shall mean Federal Aviation Regulations.
(MM) "Duty Day" means a scheduled day that a Crewmember is required
to report for work.
(NN) Bid Selection Board - A Board of review that determines the
fitness and qualifications of Crewmembers recommended for advancement in
Category or Crew Class to fill vacancy positions created by the Company.
(OO) "Aloft" shall mean the same as "block to block" as defined in
this Agreement.
(PP) "Flight Deck Duty" is defined as the time a required
Crewmember is at his station in the cockpit during block to block operations.
(QQ) New Base
a. A new base is geographical location to which
Crewmembers are assigned, but to which no Crewmembers were assigned
the prior month. A base shall be considered new for a period of six
(6) months after any Crewmembers covered by this Agreement were first
assigned to it.
b. In the event the Company assigns a new or existing
aircraft type to an established base to which such equipment was not
assigned in the prior month, such base will be deemed to be a new base
for Crewmembers awarded
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permanent positions in such equipment at such base for a period of six
(6) months from the introduction of such aircraft type to that base.
ARTICLE III - UNION SECURITY
(A) UNION MEMBERSHIP
As a condition of employment, all employees of the Company that are covered by
this Agreement shall, not later than the first month after the effective date
of this Agreement or initial employment, and monthly thereafter, either tender
to the Union directly or authorize the employer to check off periodic and
uniformly required Union initiation fees and dues, or in the alternative,
service fees in an amount not more than the amount of initiation fees and dues.
It shall be a condition of employment that all Crewmembers of the Company
covered by this Agreement and hired on or after its effective date shall, on or
before the ninetieth (90) day following the beginning of such employment,
become and remain members in good standing in the Union, or in the alternative,
tender to the Union monthly dues required of the Union members, such sums to be
recognized as "Service Fee".
(B) INITIATION FEES AND DUES DEDUCTION
The Company shall deduct from the wages of any employee covered by this
Agreement said employee's dues plus $13.00, as a member of the Union, or
service fee plus $13.00, upon receiving the employee's voluntary and individual
written authorization for the Company to make such deductions, signed by the
employee. Such authorization form to be provided by the Union. It is
expressly agreed that no employee shall be deprived of employment under this
Article for any reason other than his failure to tender or authorize the check
off of periodic dues and/or initiation fees which are uniformly required as a
condition of acquiring and retaining membership in the Union or service fees
which shall be not more than the dues and initiation fees uniformly required
for Union members. The Company shall deduct said employee's dues in the month
in which the employee is recalled from furlough or returns from a leave of
absence. In the event the employee is recalled from furlough or returns from a
leave of absence after the dues have been deducted for the month, the Company
will be permitted make a double deduction in the following month.
The Company shall pay to the proper officers of the Union the wages withheld
for such initiation fees, service fees and/or Union dues. The amount so
withheld shall be deducted from the first paycheck in each month, reported and
paid to the Union within seven (7) days of the issuance of the paychecks. The
following information will be reported and transmitted with the monthly
checkoff: Employee's Social Security number, full name, due's rate, service
fees, rate of pay and status of employment.
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(C) INDEMNIFICATION CLAUSE
The Union agrees that it shall indemnify the Company and hold the Company
harmless from any and all claims which may be made by the employee or employees
against the Company by virtue of the wrongful application or misapplication of
any of the terms of this Article.
(D) DUES COLLECTION AFTER TERMINATION
In the event of termination of employment, there shall be no obligation upon
the Company to collect dues until all other deductions have been made.
(E) FAILURE TO PAY DUES OR SERVICE FEE
The Union agrees that written notice shall be given to the Company at least
thirty (30) days before the Company is required to remove such employee from
his employment by reason of his failure to maintain his membership in good
standing in the Union or pay service fee in accordance with Section (A) of this
Article.
(F) EMPLOYEE LIST
The Company will notify the Union each month of all new hires, terminations,
recalls and/or furloughs. The notification will include the employee's name,
address, social security number, classification and date of hire, termination,
recall or furlough.
(G) INDIVIDUAL DUES PAYMENT
It shall be the responsibility of any employee who is not on a dues deduction
program to keep his membership current by direct payment of monthly dues to the
Union.
(H) DUES DEDUCTION ERROR
Should a deduction be missed, or in the event an insufficient amount is
deducted, it is the employee's responsibility to make the proper adjustment
with the Union.
ARTICLE IV - SENIORITY
SECTION A. Seniority, except as modified below, shall be used to
determine promotion, retention in case of reduction, assignment or reassignment
due to expansion or reduction, and recall from furlough. Seniority shall also
apply in the following Articles: Furlough and Recall, Vacations, Leave of
Absence, Health and Welfare, Compensation, Vacancy Bidding, Training, and
Scheduling.
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1. VACANCIES
A. Vacancy - The Company shall determine the number(s) of vacancies per
Article XII - Vacancy Bidding.
B. Crewmember(s) bidding vacancies shall meet qualification for those
positions as outlines in Article XIII - Training and Upgrading.
C. Qualified bidders must be recommended by the Bid Selection Board prior
to selection for training Crewmembers that fail to qualify or be selected by
the Bid Selection Board shall be notified in writing of the reason(s) for non-
acceptance and recommendations for improvement.
D. The initial vacancy(s) shall be filled from Crewmembers(s) that bid
and are awarded the position(s) by Company System-Wide Category Seniority,
except as provided for in Articles XII and XIII.
E. Providing a vacancy(s) is created by (D) above, the vacancy(s) shall
be filled by the most senior Crewmember(s) from the same aircraft type that bid
the position(s).
F. Any additional vacancies created by (E) above may be filled at the
Company's discretion within thirty (30) days.
2. REDUCTIONS
When the Company determines that a furlough is necessary the following
procedure shall apply.
A. The Company shall determine the number of Crewmembers that must be
furloughed.
B. If the Company elects to discontinue or reduce the use of a certain
type of aircraft, Crewmembers from the discontinued or reduced aircraft type
shall be retained and trained in accordance with Article VIII -
Furlough/Recall.
3. Two separate Seniority Lists shall be established upon the date of
ratification of this Agreement. The Pilots' Category Seniority List shall be
based on the Crewmember's date of hire with the Company, as defined in C-1 of
this Article, adjusted, if necessary, for leaves of absence or furlough. The
Flight Engineers' Category Seniority List shall be based on Crewmembers date of
hire with the Company, as defined in C-1 of this Article, adjusted, if
necessary, for leaves of absence or furlough. The Pilots' Category Seniority
List and the Flight Engineers' Category Seniority List shall be established no
later than 30 days from date of ratification of this Agreement by the parties.
All Crewmembers on the payroll of the
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Company on the date of ratification shall be listed, by date of hire, on either
the Pilots' Category Seniority List or the Flight Engineers' Category Seniority
List.
4. The Pilots' Category Seniority List shall include all Captains, and
First Officers, as defined in Article II, Definitions. The Flight Engineers'
Category Seniority List shall include all Flight Engineers and A & P Flight
Engineers as defined in Article II, Definitions. All Crewmembers hired by the
Company after the date of ratification of this Agreement shall be placed on
either the Pilot Category Seniority List or the Flight Engineers Category
Seniority List based upon the date of hire.
5. The Company shall post the Pilot Category Seniority List and the
Flight Engineer Category Seniority list at the Company base(s) of operations,
and stations where the Company maintains an office. The Company shall mail a
copy of the Seniority List, to each Crewmember's home address. The person
issuing the List shall date and sign the List as of the date of issue and shall
provide a copy to the Union.
6. In addition to the Pilot Category Seniority list and the Flight
Engineer Category Seniority List, the Company shall construct and post a
seniority list by aircraft type. All Crewmembers shall be listed by original
date of hire, as defined in C-1 of this Article.
SECTION B. The Pilot Category Seniority List and the Flight Engineer
Category Seniority List at the time of execution of this Agreement is accepted
as final and binding on all parties, not withstanding ▇-▇, ▇-▇, of this
section.
1. All Crewmembers shall be listed on the Pilot Category Seniority List
or the Flight Engineer Category Seniority List, and each Crewmember shall be
permitted a period of ninety (90) days after posting of such List in which to
protest in writing to the Company any omission or incorrect posting affecting
his seniority. Any dispute that cannot be resolved, shall be presented to an
Arbitration process determined by the Executive Council.
2. In the event such Crewmember does not file a protest with the Company
within ninety (90) days, after the posting of such list, he shall not
thereafter be entitled to file such protest.
SECTION C. Seniority position shall be determined by applying the
following rules.
1. Seniority shall begin to accrue from the date a Crewmember is first
employed by the Company as a Crewmember in the FAR Part 121 Operations, and
shall continue to accrue during such period of employment except as otherwise
provided in this Agreement. A Crewmember shall be considered as first employed
on the date
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he is hired as a Crewmember in the FAR 121 operations. When two (2) or more
Crewmembers are employed on the same date in the same Category, they shall be
placed on such Category Seniority List according to their age; i.e., the oldest
Crewmember shall receive the most senior position on the list.
2. Any Crewmember once having established a seniority date hereunder
shall not lose that date except as provided below: (a) Resignation or
Retirement; (b) Termination; (c) Furlough of more than four (4) continuous
years.
3. When a junior Crewmember is promoted over a senior Crewmember by
reason of the failure of the latter to qualify in his turn, the more senior
Crewmember shall continue to retain his position on the Crewmember Category
Seniority List.
4. Seniority for longevity pay and other benefits not specifically
addressed herein shall be based upon the Crewmember's date of hire with the
Company in any capacity, adjusted, if necessary, for leaves of absence and
furloughs.
5. Crewmembers furloughed out of Seniority prior to the signing of this
Agreement will not have their original date of hire adjusted.
SECTION D. All of the Seniority Lists shall contain the following
information:
(a) The date of the list;
(b) The category identification of the list, i.e., pilot or flight
engineer;
(c) Seniority numbers;
(d) Crewmember's name:
(e) Date of hire;
(f) Birth date;
(g) Current aircraft assignment;
(h) Status (crew class);
(i) Check or management status; and
(j) Leave Status (Aircraft Type Seniority List only).
(k) Assigned Crew Base
1. Crewmembers shall be on probation until they have accumulated 14
months of service from date of hire in FAR 121 operation as a Crewmember, or
completed their annual proficiency check, whichever comes first. During this
period, such Crewmember will be placed on the Seniority List, but does not
accrue Seniority and may be discharged or disciplined without recourse to the
Grievance Procedure. At the completion of such probationary period, the
Seniority shall date back to the original date of hire as a Crewmember in the
FAR 121 operation. All time spent by a newly hired Crewmember in training or
probationary periods, shall be cumulative. A probationary Crewmember that is
furloughed or takes leave of absence during his
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probationary period shall, upon recall, complete his probationary period;
however, previous active service will be cumulative for all pay and benefits.
SECTION E. In recognition of the fact that as of the date of ratification
of this Agreement, certain Crewmembers are holding Type and Crew Class
assignments not warranted by their date-of-hire seniority, the Company and the
Union agree that Crewmembers holding such assignments shall not be displaced.
As vacancies are filled by more senior Crewmember, these senior Crewmembers
shall be placed in Type and Crew Class according to their respective Category
Seniority list upon achieving required experience.
1. Upon establishment of the Pilot's Category and Flight Engineer's
Category Seniority Lists as outlined in this Article, the Company shall post a
"Master Bid". The Master bid shall clearly indicate all positions by Type and
Crew Class for each Type of aircraft being operated by the Company. The Master
Bid shall be mailed to each Crewmember's home address and posted at the all
Company base(s) of the operations, and at stations where the Company maintains
an office. The Company shall mail a copy of the Master Bid to the Union. The
Master Bid shall close thirty (30) days after date of posting. The Master Bid
shall remain in effect until a new Master Bid is issued by the Company. A
Crewmember may amend his "Standing Bid on File" any time prior to the closing
date for posted vacancies.
2. On the Master Bid, all Crewmembers shall submit bids. The Crewmember
may list multiple choices on his bid such as ▇-▇▇▇ ▇▇▇▇▇▇▇, ▇-▇▇▇ First
Officer, B-747 Flight Engineer, DC-8 Captain, DC-8 First Officer, DC-8 Flight
Engineer, etc. All Crewmembers will be assumed to have bid their present
position, if no bid is submitted.
3. All bids shall be made on forms provided and directed to the Office of
the Director of Operations. Each bid submitted shall become a "Standing Bid on
File" and shall be used for all subsequent bids or vacancies.
4. All Crewmembers holding a position in Type and Crew Class as of the
date of ratification of this Agreement may not be displaced by a more senior
Crewmember, except as provided for in this Agreement.
5. The Company shall issue a new "Master Bid" when it is known that a
type of aircraft, not currently listed on the Company's FAA certificate is to
placed into service.
SECTION F. Within the first ten (10) days of January and the first ten
(10) days of July, of each year, the Company shall issue and post at the
Company's base(s) of operation and stations where the Company maintains an
office, a Pilot Category Seniority List and Flight Engineer Category Seniority
List, compiled in accordance
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with this Article. Such lists shall contain all information as defined in
Section D. of this Article.
The person issuing the Lists shall date and sign the Lists as of the date of
issue, and shall provide a copy to the Union. The provisions of Section (B)
(1)-(2) of this Article shall apply.
SECTION G. The following provisions will apply to Pilots and First
Officers over FAA Mandatory age.
1. Pilots and First Officers, whether in Active Service, on leave, or on
furlough status, who attain the age of sixty (60) years (or the then current
mandatory age) and are therefore not permitted by Federal Air Regulations to
fly as a Captain or First Officer may elect to exercise their seniority to fill
a vacancy as a Flight Engineer. The Crewmember must meet minimum experience
requirements as set forth in this Agreement. When the Crewmember has completed
training and is qualified in the new position, his name shall be placed at the
bottom of the Flight Engineers Seniority List for bidding purposes only. He
shall continue to retain his Company-Wide Seniority number, for longevity and
other benefits. The Crewmember shall complete a new Probationary Period as
covered in Section D-1 of this Article.
2. The Pilot must possess the appropriate medical certificate, A & P
License and evidence of satisfactory completion of required FAA written
examination to hold a Flight Engineer's position. The Crewmember must make
himself available at a time convenient to the Company for training for the
Flight Engineer position.
3. The Pilot electing to exercise this option, must notify the Director
of Operations, in writing, at least sixty (60) days prior to reaching age (60).
Failure to provide such notification to the Company shall constitute a waiver
of his rights under this Section.
SECTION H. The following provisions will apply to Pilots that fail to
maintain a First Class Medical certificate as required by the FAA.
1. Any Pilot that is able to maintain a Second Class medical certificate
may elect to remain as a First Officer.
ARTICLE V - GRIEVANCE PROCEDURE
SECTION 1. Any Crewmember or group of Crewmembers covered by this
Agreement who have a grievance shall have such grievance(s) considered and
processed in accordance with the following procedure. It is the intent of the
parties to resolve grievances or potential grievances informally, whenever
possible, and there shall be
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an ▇▇▇▇▇▇▇ effort on the part of the parties to settle grievances promptly in
accordance with the procedure outlined herein.
A grievance is hereby jointly defined to-be any controversy, complaint,
misunderstanding, or dispute arising as to interpretation, application or
observance of this Agreement.
All unsettled grievances, as defined above, shall be subject to the following
procedure:
(A) Any Captain or First Officer having a grievance shall present it to
the Chief Pilot or his designee. Any Flight Engineer having a grievance shall
present it to the Chief Flight Engineer or his designee. The Crewmember must
present the grievance within ten (10) days of his knowledge of its occurrence.
If satisfactory settlement is not reached within ten (10) days thereafter, then
the grievant(s) may proceed to Step "B" below.
(B) The Crewmember shall reduce the grievance to writing and present it to
the Director of Operations or his designee. All grievances must be filed in
writing within fifteen (15) days of failure to resolve the grievance in Step
"A" above. If satisfactory settlement is not reached within fifteen (15) days
thereafter, then the grievant(s) may proceed to Step "E" below.
(C) A Union Representative may accompany or represent any Crewmember in
Steps "A" and "B" above.
(D) The time limits set forth in Paragraphs "A" and "B" above, may be
extended in writing, by mutual agreement of the Company and the grievant(s).
(E) If the grievant(s) is not satisfied with the decision of the Director
of Operations or his designee or the Company fails to respond within the time
limits set forth, within "B" above, the grievant(s) may appeal such decision to
the Crewmember's Systems Board of Adjustment. Such appeal shall be made by the
grievant(s) in writing within fifteen (15) calendar days from the date of
receipt by the grievant(s) of the decision of the Director of Operations or his
designee.
(F) Failure on the part of the grievant(s) to appeal within the limits
specified herein, shall constitute a waiver of the failing party's position
unless an extension of time has been mutually agreed to in writing between the
Company and the grievant(s) or the Union.
SECTION 2. Nothing in this section shall be construed as extending the
rights of Section 1. to a probationary Crewmember as it relates to discipline
and/or discharge.
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(A) The employer shall not be required to recognize any Crewmember as a
Union Representative unless, and until, the Union has duly certified, in
writing, that the Crewmember is a designated Union Representative.
(B) The Employer shall provide the Union, on the effective date of this
agreement, and immediately thereafter upon the effectuating of any changes
herein, the name of any individual to whom grievances are to be directed
pursuant to the steps outlined in Section 1., Paragraphs "A" and "B".
(C) In the case of discipline or discharge, such Crewmember shall be
notified in writing of the precise charge or charges against him, with a copy
to the Union Representative.
ARTICLE VI - SYSTEM BOARD OF ADJUSTMENT
SECTION 1. In compliance with Section 204, Title II 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 the Grievance Procedure and which are properly submitted to it. The Board
shall be known as American International Airways Crewmembers Systems Board of
Adjustment, hereafter referred to as the "Board".
SECTION 2. COMPOSITION OF THE BOARD
(A) The Board shall consist of four (4) members, two (2) of whom shall be
selected and appointed by the Company and two (2) of whom shall be selected by
the Union, and such appointees shall be known as "Board Members." In addition,
the Company and the Union shall each designate/select an alternate, and in the
event of unavailability of a Board Member, such alternate shall serve in place
of the absent Board Member.
(B) The two (2) Board Members appointed by the Company and the two (2)
Board Members selected by the Union, and their alternates, shall serve for one
(1) year from the date of their selection and thereafter until their successors
have been duly selected. Vacancies shall be filled within thirty (30) days in
the same manner as is provided herein for the selection of the original Board
Members and the original alternates.
(C) The terms of office of Chairman and Vice Chairman shall be one (1)
year. Thereafter, from year to year, the Board shall designate one (1) member
to act as Chairman and one (1) member to act as Vice Chairman for one (1) year
or until his or her successor has been duly selected. Such terms of office
shall commence on January 1 of each year.
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(D) The office of Chairman shall be filled and held alternately by a Board
Member selected by the Union and by a Board Member appointed by the Company.
When a Board Member selected by the Union is Chairman, a Board Member appointed
by the Company shall be Vice Chairman and vice versa. The Chairman, or in his
absence, the Vice Chairman, shall preside at meetings of the Board and at
hearings and shall have a vote in connection with all actions taken by the
Board.
(E) The Board shall meet at any location of its choosing commencing the
months of January, April, July and October of each year, at a time to be fixed
by the Board, provided that at such time there are cases filed with the Board
for consideration. The meetings shall continue in session until all matters
before it have been considered unless otherwise mutually agreed upon in
writing. The Chairman may schedule additional board meetings if requested by
other Board members as specified in Section 4-B below. Each party shall assume
the cost of their own expenses.
(F) Employees required to serve a Board Members shall be released from
flight duty and shall suffer no loss of guarantee pay.
(G) All members of the Board shall be employees of the Company.
SECTION 3. JURISDICTION OF THE BOARD
(A) The Board shall have jurisdiction over all disputes growing out of the
Grievance Procedure. The jurisdiction of the Board shall not extend to
negotiations of a new or revised Agreement.
(B) The Board shall consider any dispute properly submitted to it when
such dispute has not been previously settled in accordance with the provisions
of Grievance Procedure.
SECTION 4. PROCEEDING BEFORE THE BOARD
(A) All disputes properly referred to the board for consideration shall be
addressed, in writing, to the Chairman. Five (5) copies of each petition,
including all papers and exhibits in connection therewith, shall be forwarded
to the Chairman, who shall transmit one (1) copy thereof to each member of the
Board within seven (7) calendar days. Each case submitted in writing shall
include the following:
1. question or questions at issue;
2. statement of facts;
3. position of grievant(s);
4. position of the Company.
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(B) Upon receipt of notice of the submission of a dispute, the Chairman
shall set a date for hearing, which shall be the time of the next regular
meeting of the Board as provided in Section 2-E. above, or if at least two (2)
Board Members, one (1) from the Company and one (1) from the Union, consider
the matter of sufficient urgency and importance, then at such earlier date and
at such place as the Chairman shall agree upon, but not more than thirty (30)
days after such request for a meeting is made. The Chairman shall give the
necessary notices in writing of such meeting to the Board Members and to the
parties to the dispute.
(C) Crew members covered by the grievance procedure may be represented at
the Board hearing by such person or persons as they may choose and designate,
and the Company may be represented by such person or persons as it may choose
to designate. Evidence may be presented either orally or in writing, or both.
(D) The Board Member(s) may summon witnesses who are deemed necessary by
the Board.
(E) The Board shall be competent to hear the disputes properly submitted
to it and decide such disputes by a majority vote of all members of the Board.
Decisions of the Board shall be final and binding upon the parties hereto.
SECTION 5. DEADLOCK PROCEDURES
(A) When a dispute is properly submitted to the Board for hearing before
the two (2) Company and two (2) Union Board Members, or their alternates, and
the Board is unable, by majority vote, to decide the dispute, the Board shall
declare itself deadlocked and the dispute may be submitted to the Board of
Arbitration by the Union within twenty (20) calendar days from the close of the
Board Hearing by written notice to the company with copies to the Chairman.
(B) If the Union fails to serve such notice within twenty (20) calendar
days, the Board of Arbitration shall have no jurisdiction. In such case, the
controversy shall be considered withdrawn and no action thereon shall be taken
thereafter by any party.
(C) It is understood and agreed that each and every Board Member shall be
free to discharge his duty in an independent and uncoerced manner without fear
that his individual relations with the Company, with the Crewmembers, or with
the Union will be affected in any manner by any action taken by him in good
faith in his capacity as a Board Member.
(D) If new evidence becomes available to the Company or the Union prior to
the scheduled date of Arbitration, the evidence shall be provided to the System
Board for consideration. If the Board determines that the evidence justifies a
"New Hearing"
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the Board shall notify the parties concerned. If the Board "deadlocks" on the
evidence submitted, the evidence shall be given to the arbitrator for his
consideration.
ARTICLE VII - BOARD OF ARBITRATION
SECTION 1. There is hereby established a Board of Arbitration,
hereinafter referred to as the "Arbitration Board," for the purpose of
adjusting disputes or grievances of any Crewmember which may arise under the
terms of this Grievance Procedure and which are properly submitted to it after
all steps for settling disputes or grievances, as set forth in Grievance
Procedures and System Board of Adjustment have been exhausted.
SECTION 2. The Arbitration Board shall consist of two (2) members of the
System Board of Adjustment elected by the Union and two (2) members selected by
the Company and a fifth member selected as set forth below.
SECTION 3. In the event any dispute or grievance is properly appealed to
the Arbitration Board, the Union may request the National Mediation Board to
provide a list of seven (7) names. The parties shall select one (1) name by
alternately striking names from the list of seven (7) names. The order of
striking shall be determined by lot for the first case in which a neutral
member is chosen under the provision hereof and in subsequent cases, the
parties shall alternate taking the first strike.
SECTION 4. The Arbitration Board shall hear and determine the dispute or
controversy as promptly as possible. The decision of the majority of the
Arbitration Board shall be final, binding, and conclusive to the parties
thereto. Such decision shall be within the scope and terms of this Agreement
but shall not change any of its terms and conditions. All Arbitration Board
hearings will be held at a place determined by the Board.
SECTION 5.
(A) Each of the parties hereto shall assume the compensation, traveling
expense, and other expenses of its Arbitration Board Members and witnesses
called or summoned by it. The party whose position is not sustained by the
Arbitrator shall pay all of the expenses of the fifth Arbitration Board Member,
unless the Arbitrator should determine otherwise.
(B) Should the Company or the Union independently request a "court
reporter" be present at the hearing, the cost of the "court reporter" shall be
borne by the requesting party, unless both parties request a "court report,"
then the cost shall be equally split between the parties.
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SECTION 6.
(A) The Arbitrator shall have no power to add to, or subtract from, or
modify any of the terms of this Agreement, nor shall he substitute his
discretion for that of the employer or the Union.
(B) The Arbitrator shall have no right to accept evidence that was not
submitted in System Board of Adjustment.
(C) The decision of the Arbitrator shall be final and binding on both
parties and the award of the Arbitrator shall be enforceable as the agreement
of the parties, at law or in equity, in any Federal Court having jurisdiction
thereon.
(D) The Arbitrator shall have the sole and exclusive power and
jurisdiction to determine whether or not a particular grievance dispute or
complaint is arbitrable under the terms of this Agreement.
ARTICLE VIII - FURLOUGH AND RECALL
(A) Prior to a "reduction in force" by reverse category seniority order, a
"voluntary furlough" may be granted to any Crewmember that requests such with
the understanding that all recall rights are subject to the provisions in this
Article.
(B) 1. When a reduction in force for Crewmembers covered by this
Agreement becomes necessary, only those Crewmembers(s) who have less than two
(2) years of active service with the Company on the date of furlough may be
furloughed in reverse order of seniority by equipment type. When a Crewmember
is to be furloughed, he shall be given fourteen (14) days advance notice, or
pay in lieu thereof.
2. In the event it becomes necessary to displace Crewmembers with
more than two (2) years of active service on the effective date of the
furlough, these Crewmembers shall have seniority rights as provided for in this
Agreement, including the right to displace a more junior Crewmember on any type
of equipment, within their "Category", as defined in Article II, of this
Agreement.
3. Crewmembers that are displaced in Section (B)2. of this
Article and exercise their seniority rights to displace a more junior
Crewmember shall be selected if required by Article XII, Section R and trained
by the Company as provided for in Article XIII, of this Agreement.
4. A Crewmember recalled from furlough as provided in (B)1. above
shall be paid "Training Pay", while requalifying.
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(C) Such advance notice shall not be required where the furlough is cause
by a strike, Act of God, involuntary grounding of Company aircraft, or other
circumstances over which the Company has no control; however in such cases the
Company shall give as much notice as possible. All notices of reduction in
force shall be in writing and posted at the Company base and other stations
where the Company maintains an office. Notification shall be registered or
certified mail, return receipt, mailed to the Crewmembers last address on file
with the Company or hand-delivered to and receipted by the Crewmember(s).
(D) Crewmembers who are furloughed shall continue to accrue seniority
during the period of furlough for re-bid purposes, but shall not accrue
longevity for pay purposes. Reemployment shall be subject to the recalled
Crewmember's holding of the appropriate current FAA medical certificate
required by his position. The Crewmember shall be required to serve the
unexpired portion of his probationary period if any.
(E) A Crewmember shall file his address with the Company and thereafter
advise of any change of address immediately. It is the Crewmembers
responsibility to ensure the Company has his current address and telephone
number on file.
(F) All furloughs shall expire at the end of four (4) years from the
effective date of such furlough and any accrued seniority shall be forfeited.
(G) A Crewmember may pass up recall if there are sufficient Crewmembers to
fill all positions. A Crewmember must honor a recall if there are no
Crewmembers junior to him on furlough. If the junior Crewmember refuses recall
he shall be terminated.
(H) All recalls of furloughed Crewmembers shall be accomplished through
the following procedure:
1. Crewmembers on furlough shall be recalled in the order of
category seniority. The recall shall be accomplished in such manner that
Crewmembers who have been reduced and those being recalled from furlough are
able to exercise seniority to the type, Category and Crew Class to which their
respective seniority would entitle them.
2. A Crewmember's notice of recall from furlough shall be in
writing, by certified or registered mail, return receipt, to the Crewmember's
last address on file with the Company. This written notice shall fulfill the
Company's obligation to notify a Crewmember of a recall. A copy of all recall
notice shall be supplied to the Union. The Crewmember shall reply, in writing,
to the Company within fourteen (14) days of the recall notice by certified or
registered mail, return receipt. If he accepts recall, he shall present
himself to the Company prepared to return to duty within fourteen
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(14) days of the recall notice. If the Crewmember's address on file with the
Company is outside the 48 contiguous states he shall be allowed thirty-one (31)
days in which to return. After accepting recall, should a Crewmember fail to
report within the time specified he shall be considered to have waived all of
his rights under this Agreement. However if, after accepting recall, the
Crewmember is unable to report due to circumstances beyond his control he may
remain on furlough status until the next recall is issued.
3. A Crewmember shall be considered terminated if he fails to
return to duty or advise the Company of his acceptance of the recall, within
the terms stated in paragraph 2. above.
4. A recall shall be for a minimum of two (2) bid periods.
5. Newly hired Crewmembers may not fly on the line until
Crewmembers senior to them have been recalled.
6. Crewmembers may accept early recall and waive the provisions
of H-2 above. Early recall may be through the use of telephone or other means
available to contact the Crewmember(s).
ARTICLE IX - LEAVES OF ABSENCE
(A) PERSONAL LEAVES
When the requirements of the Company will permit, at the sole discretion of the
Company, and upon written request submitted by the Crewmember to the Company as
far in advance as possible, a Crewmember may be granted a leave of absence
without pay. When such leaves are granted, the Crewmember shall retain and
continue to accrue seniority during the first sixty (60) days of leave in any
twelve (12) consecutive months. The Crewmember shall not accrue sick leave
credit, vacation or longevity for pay purposes, starting with the first day of
the month following the month in which his leave commenced. Accrual shall
commence on the first day of the month in which he returns from leave. Such
leave or leaves may be extended for additional periods when approved in writing
by the Company. The Crewmember shall be responsible to pay for his Group
Health Care Benefits during any personal Leave period. A Crewmember returning
from an authorized leave or extension thereof, as provided herein, shall be
permitted to resume his position in accordance with his seniority.
(B) MILITARY LEAVE OF ABSENCE
Any Crewmember who enters military service shall be granted military leave in
accordance with applicable federal laws and regulations. Such military leave
shall
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be without pay from the Company. Return to Company duty shall be subject to a
reasonable requalifying period not to exceed thirty (30) days.
(C) UNION LEAVE OF ABSENCE
One Crewmember appointed as a Union official, representative, or delegate shall
be granted a leave of absence without pay, and shall be guaranteed reemployment
at the end of such period with the same seniority rights as if he had been
continuously employed. The Crewmember shall be responsible to pay for his
Group Health Care Benefits during any Union Leave period.
(D) MEDICAL LEAVE OF ABSENCE
When a Crewmember's sick leave bank has been exhausted and his still unable to
return to Active Status, he will automatically be placed on Medical Leave of
Absence without pay, and shall not accrue vacation time. A Crewmember may
supplement his sick leave bank with earned vacation time. A Medical Leave of
Absence shall not exceed three (3) years.
(E) FUNERAL LEAVE OF ABSENCE
In the case of death in the immediate family, a Crewmember is entitled to three
(3) days leave with pay for the purpose of attending the funeral. Immediate
family shall be limited to the Crewmember's spouse, children, stepchildren,
father, father-in-law, stepfather, mother, mother-in-law, stepmother, sister
stepsister, brother, and stepbrother. Additional time for bereavement may be
requested from the Crewmember's accumulated vacation days, if any. The
Crewmember may be required to provide verification of attendance at the
funeral. A Crewmember who has a death of an immediate family member during a
vacation period must notify his supervisor immediately upon receiving notice of
the death and shall have up to three (3) days of remaining vacation rescheduled
at a later date, provided the Crewmember attends the funeral service. Funeral
Leave of Absence shall not apply when the Crewmember was scheduled for days
off.
(E) Family Medical and Leave Act (FMLA)
Crewmembers are permitted leaves of absence to the extent required by, and in
accordance with the terms of, the Family Medical and Leave Act (FMLA). All
requests for FMLA leaves, and the terms of such leave, are governed by the
FMLA. A Crewmember may request leave in excess of that required by the FMLA,
or under circumstances not covered by the FMLA. Such leave shall be governed
by the Personal Leave provisions of this Article. During personal leave
required by FMLA, the Crewmember continues to accrue seniority and longevity
for pay purposes. A
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Crewmember returning from a leave required by the FMLA shall be permitted to
resume his position in accordance with his seniority.
(F) CONDITIONS
1. A Crewmember on personal-leave shall not, without prior
written permission of the Company, engage in any employment.
2. A Crewmember returning from leave shall receive training pay
during the requalification period, if required, not to exceed thirty (30) days.
ARTICLE X - SICK LEAVE
(A) 1. Upon date of ratification of this Agreement, each Crewmember
shall begin accruing sick days at the rate of seven twelfth (.58333) of a day
per month or seven (7) days annually. Upon date of ratification of this
Agreement, all Crewmembers shall be credited with seven (7) days of sick leave.
Crewmembers with less than one (1) year of service on date of ratification,
shall not accrue additional sick leave until they complete one (1) year of
service.
2. All Crewmembers hired after the date of ratification, shall be
credited with seven (7) days of sick leave, but shall not accrue additional
sick leave credit until they have completed one (1) full year of service.
3. The maximum accrual for sick leave is twenty-eight (28) days.
Except as otherwise provided for in this Article, there will not be a payoff of
sick leave when a Crewmember reaches this maximum.
4. Normal sick leave shall be used only for absence resulting
from non-occupational illness or injury. No Crewmember can perform any
services of any kind for any other employer during any time he is on sick leave
from the Company.
5. No Crewmember shall be charged sick leave on days that he was
scheduled to be off.
6. A Crewmember on sick leave shall retain and continue to accrue
seniority irrespective of whether or not he is able to maintain the certificate
required for his status until he is able to return to duty.
7. A Crewmember returning from sick leave shall exercise his
seniority to resume his assignment.
8. A day of sick leave shall be worth 2 hours of flight pay for
credit purposes.
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(B) 1. Crewmember's eligible for Worker's Compensation benefits are
not eligible for Company sick leave benefits.
2. Crewmembers eligible for short term or long term disability
payments from Company sponsored insurance programs will not be concurrently
eligible for sick leave benefits.
3. Crewmembers eligible for state or federal disability benefits
will have their sick leave benefits reduced by the amount of the payment
provided by the state or federal benefit.
(C) A Crewmember shall be considered on sick leave from the time he is
unavailable for flight duty because of illness or injury until he reports that
he is available for flight duty or goes on days off.
(D) 1. The Company reserves the right to require a doctor's excuse to
substantiate each occurrence of illness or injury. In the event that the
Crewmember is required to see a doctor designated by the Company, the Company
shall pay the cost of the exam.
2. The Company reserves the right to require a doctor's release
that authorizes return to duty status for each occurrence of illness or injury.
In the event that the Crewmember is required to see a doctor designated by the
Company, the Company shall pay the cost of the exam.
(E) A Crewmember who takes sick leave shall not have such time deducted
from his scheduled vacation time. A Crewmember on sick leave at the time his
scheduled vacation time commences shall be removed from sick leave status
during the vacation and returned to sick leave status at the end of the
vacation period if the illness persists.
(F) A Crewmember who is on paid sick leave shall continue to accrue
vacation time during the first month of his sick leave.
(G) A Crewmember furloughed due to a reduction in force shall have all
sick leave accrued prior to the furlough credited to him in the event of a
recall.
(H) Within one hundred and twenty (120) days of the ratification of this
Agreement, each Crewmember's pay statement shall show his accrued sick leave.
(I) Each Crewmember's pay statement shall show his accrued normal sick
leave credits.
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(J) No Crewmember shall be entitled to sick leave when sickness or injury
is due to Crewmember's willful disregard of accepted safety practices, willful
intention to injure himself or another, sickness or injury while in the employ
of anyone else or the use of alcohol or illegal drugs.
(K) If the Crewmember elects to continue working until reaching retirement
age imposed by the FAR's, the Company shall pay the Crewmember fifty percent
(50%) of any accumulated sick leave at the time of retirement. This shall be
paid at the base rate for the current category that the Crewmember holder.
This will not include longevity pay.
(L) Maximum charged sick leave in a bid period cannot exceed the duty days
in a bid period.
(M) Each Crewmember while on sick leave shall receive payment from his
sick leave bank in any bid period that he loses pay hours. Such payment will
be limited to his applicable (MBPG). His sick leave bank will be debited in
the amount of his applicable (MBPG) less his pay hours.
ARTICLE XI - VACATION
(A) 1. A Crewmember employed by the Company shall earn a vacation
based on his active service with the Company in accordance with the following
schedule:
Vacation Days Vacation Days
Years of Service Earned Per Month Earned per Year
---------------- ---------------- ---------------
1 - 4 1.16 14
5 + 1.75 21
2. Vacation shall be available for use after one year of service.
Crewmembers shall not be eligible to receive Vacation Pay until they have
completed one (1) full year of service.
3. A Crewmember shall be paid at the regular pay periods while on
vacation. Vacation pay shall be computed at the Crewmember's rate of pay in
effect at the time such vacation is taken. In no event shall a Crewmember
receive, for a bid period in which all or part of his vacation may occur, less
than any guarantee he may be entitled to as specified in Article XIX,
Compensation.
(B) 1. For Crewmembers with less than one (1) year of service as of
December 31, the Company shall credit the Crewmember with (1.16) days for each
month of Active Service. A Crewmember with less than one year of service, may
bid a vacation period in the following calendar year based on the vacation days
accrued through December 31, of the current year.
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Example: Crewmember hired in April bids a vacation in October for the
following year. The Crewmember has earned nine (9) months of vacation
at (1.16) days per month, as of December 31, for a total vacation of
ten (10) days.
2. A Crewmember shall not be required to perform any duties while
on a scheduled vacation.
3. A Crewmember shall not be charged vacation days on scheduled
days off. Any vacation days that conflict shall be banked for future use by
the Crewmember. The Crewmember may elect to receive payment for the vacation
in lieu of banking the time for future use.
(C) 1. On or before October 1st of each year, the Company shall post
the vacation periods available for the next calendar year. Preference for the
periods in which Crewmembers shall take their vacation shall be granted in
order of seniority, in Type and Crew Class at the Crewmember's base. The
Company shall post the vacation awards or assignments, in Type, Crew Class and
Base, as indicated from the Crewmember's preferences no later than the 10th of
November of each year.
2. VACATION SPLITS AND OPTIONS
(a) Subject to the provisions of this Article, A Crewmember's
vacation earned may be:
(1) Taken in the calendar year bid;
(2) Purchased by the Company, at the Crewmember's option;
and
(3) Banked by the Crewmember for future use.
Each Crewmember must indicate on the bid form his option(s) as provided for in
this section regarding the use of vacation time for the following year.
(b) Vacations may be split into periods of not less than (7) seven
days, i.e., 14 days vacation = 2 periods; 21 days vacation = 3 periods; etc.
The Crewmember that elects to split his vacation periods shall have seniority
preference to one (1) vacation block only. The remaining vacation block(s)
shall be awarded after all other Crewmembers have exercised their choice under
paragraph (1) above. A Crewmember may elect to submit a bid for a vacation
period of more than (7) days but less than (14) days.
The Crewmember shall be awarded the vacation period as provided for in
paragraph C-1 of this Article. Any remaining vacation time in excess of actual
days used may
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be purchased back by the Company at the Crewmember's option or banked for
future use.
Example: Crewmember has earned (14) days of vacation and bids one
vacation period of (10) days for the following year. The Crewmember
is awarded the vacation bid as provided for in paragraph C-1 of this
Article. The Crewmember elects to bank the remaining four (4) days of
vacation time to the following year.
(C) At the Company's option, and providing the Crewmember has earned
vacation days banked, the Company may grant short term vacation periods. A
Crewmember requesting a short term vacation period must provide at least five
(5) days notice to the Company prior to the start of the vacation date.
(D) A Crewmember may elect to have the vacation time purchased back by the
Company. A Crewmember must indicate his option(s) as provided for in Section
2-a of this Article at the time bids are submitted. The Crewmember shall
receive payment for the vacation in the month of his date of hire or any other
time mutually agreed to between the Crewmember and the Company. Vacation shall
be paid based on three and one-third (3 1/3) hours pay, per day, at the
Crewmembers current hourly rate.
3. Vacation Bids and Notification
(a) The Company shall send written notification to each Crewmember
indicating his: equipment seniority by crew class, type, base and the vacation
days to be bid. The notification shall be sent to the Crewmember's home
address, placed in his Company mail box, and a master notification posted at
all Company base(s), and any line station where Crewmembers will or may transit
during October.
(b) Bidding for vacations must be made on the form(s) provided by
the Company and bidding shall close on October 31, and shall be awarded as
assigned by November 10th. If November 10th falls on a weekend, the awards
will be posted on the first working day thereafter.
(c) The Crewmember must include enough choices for his seniority
position. A Crewmember failing to notify the Company during the vacation
selection schedule of his bid preferences shall have his vacation time banked
for the following year.
4. (a) After vacation dates have been awarded or assigned, they shall
not be changed except where the demands of the service require, or by mutual
agreement between the Crewmember involved and the Company. The Company shall
not change any vacation date after the sixtieth (60) day prior to the beginning
of the
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vacation except by mutual agreement between the Crewmember involved and the
Company.
(b) A Crewmember may elect to relinquish his awarded or assigned
vacation by giving the Company written notice at least (60) days prior to the
beginning of the vacation. The Crewmember may elect to receive payment for the
vacation or bank the remaining vacation days for the following year, providing
the total bank days do not exceed the provisions of E-1 of this Article. The
vacation period that is vacated by the Crewmember may be given to any
Crewmember on a first come, first serve basis.
5. Irrespective of paragraph (4) above, a Crewmember who changes Type or
Crew Class after vacation periods have been assigned shall be granted his
choice of remaining available vacation periods in his new Type and Crew Class.
The Company shall make every effort to permit the Crewmember to retain his
originally assigned vacation period. In the event the needs of service
preclude retention of this period, the Crewmember shall be notified within
twenty-one (21) days that his vacation must be changed and shall be provided a
list of vacation periods available.
(D) 1. Vacation will begin at 0001Z and end at 2400Z at the
Crewmember's Base.
2. The Crewmember's vacation period will slide to commence the
next day if such Crewmember, due to a reroute/reschedule, had less than a
twelve (12) hour rest period following his release at Base. The Company will
return the Crewmember to the Crewmember's Base or other mutually agreed to
location to start the Crewmember's vacation.
(E) 1. Banked Vacation Time - Earned Credit
(a) Vacation time is cumulative for a period not to exceed two (2)
years of active service. A Crewmember may bank up to two years of vacation
time based on his rate of earned vacation days as provided for in paragraph A-1
of this Article.
Example: A Crewmember has completed six (6) years of service with the
Company and banks his vacation time for two (2) years. His maximum
vacation bank shall not exceed forty-two (42) days.
(b) A Crewmember that maintains a vacation bank with maximum
credit as provided for in paragraph A-1 of this Article, shall not bid or be
awarded vacation periods in the following year in excess of the vacation total
days earned, based on years of service.
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Example: Crewmember in E-(1)a, above has a bank of forty-two (42) days
vacation time. The Crewmember must take twenty-one (21) days vacation
or be paid in lieu thereof in the following year. The Crewmember may
not bid or be awarded a vacation in excess of the earned vacation rate
for the number of years service in any one year.
(F) 1. In the event of termination of employment or retirement a
Crewmember shall be paid for all vacation earned and accrued but not previously
taken or paid for provided the Crewmember has completed his probationary
period, and in case of voluntary termination, he gives the Company at least
fourteen (14) days advance written notice of termination.
2. In the event of termination by death, all earned and accrued
vacation pay due shall be paid to such deceased Crewmember's designated
beneficiary(s), as indicated by such Crewmember's group insurance policy, or by
other Company records if that Crewmember was not a member of the group
insurance plan, or the Crewmember's estate in the event of insufficient
evidence of a designated beneficiary.
3. At the Crewmember's option, he may choose to use part of his
earned vacation on a pro rata basis, to supplement his accident and sickness or
long term disability benefits. The sum of his disability benefits plus
vacation pay may not exceed his normal base pay for the period of absence.
4. A Union representative may be present during the awarding of
the vacations.
5. "Active Service" means all accumulated time, commencing with
date of hire as a Crewmember, for which the Crewmember is paid by the Company,
including any time that he receives any portion of sick leave pay.
ARTICLE XII - VACANCY BIDDING
(A) A vacancy shall mean additional or open positions in any Category,
Crew Class and Type as required by the Company.
(B) Any vacancies in Category, Crew Class and Type shall be filled in
accordance with the following procedure:
1. The Company shall determine the number of vacancies available
and shall post bulletins announcing such vacancies, stating the effective date.
A Copy of such bulletin shall be posted at all Company Base(s) and a copy
mailed to all Crewmembers, including furloughed Crewmembers.
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2. The bulletin shall stipulate a closing date and time,
indicating a deadline for Crewmembers bids for such positions. This date and
time shall not be less than fourteen (14) days after the date such bulletin is
posted and mailed as provided in paragraph (1). All such bulletins shall be
numbered consecutively during a calendar year.
3. All bids for vacancies shall be made on forms provided by and
directed to the office of the Director of Operations. Every bid submitted
shall become a "standing bid on file" and shall be used for all subsequent bids
until a new bid sheet is received. A new bid form may be submitted at any time
after the final results are posted of a previously closed bid, thereby updating
the "standing bid on file". A supply of these bid forms shall be available at
all Company Base(s) and all stations where the Company maintains an office.
For purposes of the time limit set forth in paragraph (2) in this section, the
bid must be mailed certified, faxed, or hand delivered.
4. A bulletin announcing the results of all bidding for, or
assignment to, vacancies shall be posted at all Company Base(s) and line
stations where the Company maintains an office, within (10) days after the
specified closing date and shall refer to the bulletin number which announced
such vacancy(s). Such bulletin shall state the effective date, Crew Class and
Type, and the name and seniority number of the successful bidder or Crewmember
assigned.
(C) A Crewmember is not eligible to bid on any type of aircraft other than
type he is flying unless he has completed twenty-four (24) months of Active
Service flying from completion of his initial line check in his Crew Class on
his Type at the time of the bidding. This provision shall not apply in the
case of any Crewmember who has received notice of reduction in his Crew Class,
in which case he may fully exercise his seniority rights. The Company, when
posting a bulletin on any vacancy, may waive this provision provided the waiver
is stated in the bulletin.
ARTICLE XIII - TRAINING AND UPGRADING
(A) A Crewmember shall receive at least seven (7) days advance notice of
all ground and simulator training unless the Crewmember agrees to less notice.
(B) A Crewmember, except a new hire during initial training, who is
assigned to ground school training program involving five (5) or more days of
training shall be given one (1) period of twenty-four (24) consecutive hours
free of all duty with the Company during any seven (7) consecutive days
assigned to such training.
(C) Simulator and flight training will not be scheduled for more than six
(6) periods in seven (7) days. After completion of four (4) simulator periods,
in four (4) consecutive days, the Crewmember may elect to take twenty-four (24)
consecutive
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hours free of all duty. The Crewmember may elect to receive twenty-four (24)
consecutive hours free of all duty with the Company prior to resuming any
flying duties or additional training duties.
(D) Simulator Training or check periods, other than type ratings, shall be
scheduled not to exceed four (4) hours per day. Crewmembers receiving type
ratings may not exceed five (5) hours of simulator time per day. A Crewmember
may elect to waive the provisions of this Section.
(E) Training for any additional qualifications required by the Company or
the FAA by the Crewmembers covered by this Agreement shall be made available at
the Company's expense.
(F) A Crewmember shall not fly any revenue flights while in transition or
upgrade training, provided however, that such Crewmember may fly revenue
flights for the purpose of line qualifications.
(G) Each Crewmember shall review his performance and grading sheet at the
conclusion of each training or check period. A Copy of his training record
shall be furnished him at the conclusion of each training course or check
period. A Crewmember shall sign for the receipt of the training record.
(H) All training as defined in this Agreement shall be administered in
accordance with the Company's FAA approved training manual(s) to all
Crewmembers covered by this Agreement. The Company shall provide training in
accordance with requirements for that position on that equipment type.
(I) QUALIFICATIONS
1. Crewmembers must meet all FAA qualifications and certification
requirements applicable to his Crew Class and Type.
2. Article IV, Seniority, Article XII, Vacancy Bidding and the
provisions of Section (R) shall govern the filling of all Crew Class and Type
vacancies on all equipment operated by the Company.
3. Minimum experience requirements for hiring and bidding are set
forth below:
(a) HIRING REQUIREMENTS: FIRST OFFICERS:
Commercial Pilot Certificate, Instrument and Multi-engine Rating. A
minimum of 1,500 hours pilot experience and FAA First Class Medical.
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In addition to an interview the Pilot shall meet the following
requirements:
(1) Receive a simulator evaluation of his flying
abilities.
(2) Take an equivalent ATP written examination
with a passing score of 80%.
(b) HIRING REQUIREMENTS: FLIGHT ENGINEER:
Flight Engineer Certificate, Turbojet Powered Rating; First or Second
Class FAA Medical and A&P Certificate.
(c) CAPTAIN UPGRADING REQUIREMENTS:
(1) FAA Airline transport Pilot (written)
(2) 5,000 hours flight experience, or twenty-four
(24) months active flying as a First Officer on any AIA equipment or;
(3) 1,000 flight hours or twelve (12) months
active flying as a First Officer with AIA on the equipment he is
bidding.
4. The provisions of this paragraph may be exercised by the
Company during the term of this Agreement. Providing the Company exercises
this option, the Flight Engineer upgrading to First Officer must meet the
requirements of (3)(a) above and the provisions of Section R of this Article.
5. The Company may reduce the upgrading requirements equally
applicable to all Crewmembers in any bulletin of vacancy.
(J) When a successful bidder fails to qualify as specified in this
Article, he shall forthwith be returned to his former Category, Crew Class and
Type not withstanding the provisions of Article IV, Seniority and Article XII,
Vacancy Bidding, and shall be given training in accordance with the Company's
FAA approved training manual(s). If the Crewmember fails requalification the
Company has the option to terminate his employment. The Crewmember may be
frozen in his former position from bidding as outlined in Section (P) of this
Article.
(K) INITIAL TRAINING. The training of Probationary Crewmembers will be
handled at the Company's discretion.
(L) RECURRENT TRAINING. When required, recurrent ground school will be
successfully completed prior to administering simulator training and/or
proficiency check. Crewmembers shall receive their proficiency checks no
earlier than one (1)
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month prior to or no less than one (1) month after their anniversary month.
The Company may elect to move or reschedule anniversary months to equalize the
number of Crewmembers needing checks over a twelve (12) month period. The
Company shall give at least thirty (30) days advance notice to any Crewmember
whose anniversary month is being rescheduled.
(M) The Company shall advise a member of the Professional Standards
Committee whenever a Crewmember fails any portion of his recurrent ground
school, simulator or flight training or proficiency checks. The Training
Department, after consultation with the Professional Standards Committee Member
shall determine the additional training for the individual for the recheck.
Any subsequent simulator or flight training periods may be considered the
recheck at the discretion of the Check Airman.
If the Crewmember fails the recheck, the Company shall consult with him and a
member of the Professional Standards Committee before determining the
disposition of his case. The Crewmember may be suspended without pay until a
final disposition of his case is made.
(N) UPGRADE TRAINING. All Vacancies for upgrading will bid in accordance
with the provisions of Article IV, Seniority, and Article XII, Vacancy Bidding.
All First Officers upgrading to Captain and First Officers and Captains moving
to Flight Engineer position at mandatory retirement age must meet the minimum
requirements set forth in this Agreement. All Crewmembers upgrading must meet
the requirements of Section R of this Article.
(O) If the Company and the Union agree that a Professional Standards
Committee Member is necessary for a training or recheck review of a Crewmember,
the Committee Member shall suffer no loss of guarantee pay or benefits.
(P) A Crewmember assigned pursuant to Section (J) of this Article, after
failing to complete training, shall be ineligible to bid on any vacancy
requiring training until such Crewmember has completed an additional 500 hours
or twelve (12) months of active flying, whichever occurs first, on the Type to
which he is assigned unless released by the Company from this restriction.
(Q) The Company shall provide the necessary manuals, school, and training
to meet the requirements of this Article, at no cost to the Crewmember.
(R) BID SELECTION BOARD. Bidding, selection, and awarding of bids for
advancement in Category or Crew Class of any Crewmember shall be conducted in
the following manner. Bids shall be posted as set forth in Article XII,
Vacancy Bidding. Crewmembers meeting the qualifications set forth in this
Article, or as
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established by the Company, if lesser, may bid. All bids shall be reviewed by
the Bid Selection Board.
1. A Bid approved by the Bid Selection Board or a bid the Board
deadlocks on shall be forwarded to the Director of Operations for review. The
Director of Operations shall award or deny the bid.
2. If the bid is denied, the bidder or the Union may grieve the
denial and the grievance shall be expedited to a hearing by the System Board of
Adjustment. A bid denied by the Bid Selection Board shall be returned to the
bidder with a written explanation of the reasons for which the bid was denied
and recommendations as to the actions needed by the bidder to improve his
opportunity for selection by a future Board.
3. The bidder shall be advised of the data relied upon for the
decision. If appealed to the System Board, the Bid Selection Board shall
submit the documentation considered in arriving at the denial with an
explanation of the Bid Selection Board's rationale in arriving at their
decision.
4. The Director of Operations may not award a bid for upgrade to
a bidder who does not receive at least 50% percent of the Bid Selection Board's
vote. The Bid Selection Board may not convene unless all member's are present
or available. Alternate members may be appointed by either or both parties
should they so choose.
5. Lateral movements between Crew Class positions shall be
awarded by System-wide Seniority and are not subject to review by the Bid
Selection Board.
6. If the Company elects to by-pass a Crewmember who has been
selected for up-grade training by the Bid Selection Board, the Crewmember has
the right to the provisions of the Grievance Procedures.
If the System Board of Adjustment elects to award the Crewmember a training
position for up-grade, and the Crewmember fails any portion of the training,
the Crewmember is subject to termination or equipment freeze to his last
position. The Crewmember shall receive the same training as any other
Crewmember up-grading to the same position.
ARTICLE XIV - SCHEDULING
SECTION A. GENERAL.
1. The Union shall appoint a Scheduling Committee composed of
Crewmembers assigned to the different types of equipment being operated by the
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Company. The Company shall consider all recommendations by the Scheduling
Committee concerning any scheduling policies, construction of Lines of Flying
or Reserve Lines, or problems, including the development and updating of a
Company Crew Scheduling Manual.
2. As scheduling policies are developed, they shall be published
in a Company Scheduling Manual. One copy will be kept in Scheduling and one
will be provided to the Scheduling Committee of the Union.
3. Crewmembers will bid Lines of Flying or Reserve Lines each bid
period.
4. A Crew List shall be maintained with Crewmembers listed in
Seniority order by Type, Crew Class and Base. The Crewmember must be Crew
Class and Type qualified to fill the position for which he is bidding.
Crewmembers in training may bid a line providing the planned completion date of
training is prior to the start of the bid line. Crewmembers completing
training after the start of the bid period, shall be assigned a Reserve Line
with pro rata days on duty and days off. The Company will consider any
requests from the Crewmember regarding duty days and days off.
5. Awards will be based on seniority (Crew Class, Type and Base)
and eligibility as set forth in the F.A.R.'s and the applicable provisions of
this Agreement.
6. Bids will be submitted as follows:
a. The Company will mail a complete bid package to each
Crewmember's home and post the bid package at the Crewmember's base
and all line stations where crews may transit.
b. Completed bid forms may be submitted to the
Scheduling Department in person, by U.S. Mail, or Fax. Crewmembers
may request confirmation of bid received by the Company prior to
closure date.
7. Crewmembers that fail to submit a bid prior to the close of
the Bid Period or do not bid in accordance with this Article, will be assigned
after all other bids are awarded.
8. If a Crewmember is removed from his Line of Flying due to
nonscheduled changes such as sickness, cancellations due to weather, or
mechanical delays, flight time limitations, or personal emergencies, the
Company will make every effort to return the Crewmember(s) to his original bid
line as soon as possible. A Crewmember will not be required to make-up lost
time on his scheduled days off.
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9. If the Company removes a Crewmember(s) from a Line of Flying
for training purposes, the Crewmember(s) shall suffer no loss of pay or incur
any additional expenses. If the Company removes a Crewmember(s) from a Line of
Flying or Reserve Line, the Crewmember(s) shall not incur any additional
expenses. The Crewmember will not be required to make-up time during his
scheduled days off as planned on the Bid line. The Company will make every
effort to return the Crewmember(s) to this original scheduled bid line as soon
as possible. The Company shall have the right to designate some lines as
training lines for each type of equipment.
10. The Director of Training or Crew Scheduling will advise each
Crewmember of his projected recurrent ground school and simulator training
schedule with the posting of the bid package for that Bid Period.
11. The Company may release a Crewmember from his bid at the
Crewmember's request.
12. Trip trading is permitted in accordance with guidelines set
forth in the Company's Crew Scheduling Manual.
13. If a Crewmember(s) becomes aware of a potential scheduling
conflict or irregularity that cannot be resolved with Crew Scheduling directly,
the Crewmember(s) shall notify the Manager of Operations by the most
expeditious means available. The Crewmember(s) shall submit a "Trip Report"
directly to the Manager of Operations.
SECTION B. LINES OF FLYING/RESERVE LINES.
1. Lines of Flying and Reserve lines shall be posted at
Crewmember's Base and all line stations where Crewmembers may or will transit.
The next month bid package will be mailed as soon as feasible but no later than
the 10th day of the current Bid Period. All known flying will be included in
the bid package.
2. The Bid Period Package will be published once every bid period
for each aircraft type. A Bid Period Package will contain, but is not limited
to, the Flying and Reserve Lines, bid seniority list, list of Crewmembers
vacation dates, list of Crewmembers due for Recurrent Training, and available
Training periods. The yearly schedule consists of twelve (12) monthly bid
periods.
3. Lines of Flying and Reserve Lines shall be one (1) calendar
month in length. At the option of the Company, two (2) or three (3) periods of
flying may be established. Each bid period shall be bid and awarded
separately.
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4. The Company shall post for the calendar year a schedule for
all bid periods, including the opening date, closure date, and award date of
each bid period. Each bid period shall close no later than the 20th day of the
current bid period. The Company shall award and post each bid no more than
five (5) days after closure. The Company shall not re-award the bid lines
after the original posting is completed.
5. Each Line of Flying or Reserve Line shall contain not more
than eighteen (18) twenty-four (24) hour duty days in each calendar month. A
day means a "calendar day", measured from 0001z to 2400z. The Company may
construct Lines of Flying or Reserve Lines with less than eighteen (18) duty
days.
a) A Crewmember may be released by the Company at any
point on the bid line providing there are no additional flying or
reserve requirements.
b) Crewmembers commuting to or from his assigned base
for a bid line shall not be considered as working on a day off. At
the Crewmember's option, he may elect to commute to the first point of
departure or reserve assignment of the Bid Line in lieu of reporting
to his assigned base. The Crewmember that elects to exercise this
option must be in position at the departure location or reserve
assignment no later than 2000Z on his first duty day. Any positioning
or depositioning of a Crewmember to or from an assignment outside the
48 contiguous states shall be the responsibility of the Company. A
Crewmember that elects to work on a duty free day, shall be positioned
and depositioned between his residence and the duty station at no cost
to the Crewmember.
c) All positioning to the flying or reserve assignment
or depositioning shall occur within the eighteen (18) duty days as
specified in Paragraph [5] above.
d) A Crewmember may satisfy his duty day(s) on a Line of
Flying or Reserve Line at his residence at the Company's discretion.
6. A Crewmember need not be available until his scheduled show
time for his bid line, but shall call Crew Scheduling twenty-four (24) hours
prior to his duty day for instructions. Crewmembers that are assigned to
Reserve status may be positioned to a location, which may include his
residence, by the Company for operational requirements. Any Crewmember that is
assigned to reserve at a location other than his base shall receive per diem
and hotel as provided for in this Agreement.
7. When military leave or drill duty conflicts with the Line of
Flying that a Crewmember can hold, he will be assigned duty days that will not
conflict with military leave or drill duty requirements.
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8. For pay purposes only, a Crewmember assigned a special project
by the Company may bid and be awarded a Line of Flying or Reserve Line if his
seniority permits. As a result of these duties, the Crewmember shall not lose
any pay nor shall the Crewmember be required to work on his days off. The
Crewmember shall be paid his (MBPG) or the scheduled hours on his bid line,
whichever is higher.
9. A Crewmember positioning for a bid line shall ensure he is
adequately rested to perform his required duties.
SECTION C. BID LINE CONSTRUCTION.
The Company and the Union agree that no Crewmember is required to "reside" or
have his "residence" at the Company's Corporate Offices in Ypsilanti, MI., or
his assigned base. In establishing bid lines for each bid period, the Company
will construct all bid lines in accordance with the provisions of this Article
and the Company's scheduling manual. The starting and stopping point for all
lines shall be the Crewmember's-assigned base. The Company shall determine the
trip pairings as necessary to provide flexibility and efficiency.
1. In constructing Lines of Flying or Reserve lines, the days off
in a block shall not be less than five (5) consecutive twenty-four (24) hour
periods. The provisions of this paragraph may be modified by agreement between
the Company and the Union. The Company shall construct Lines of Flying or
Reserve lines with variations in blocks of days off.
2. If the first point of departure or the last point of arrival
on a Line of Flying or Reserve Line is other than the Crewmember's assigned
base, the bid lines shall clearly indicate a positioning or depositioning
movement.
3. Each Crewmember that bids and is awarded a Line of Flying or
Reserve Line shall be positioned to the first point of departure from the
Crewmember's assigned base at no cost to the Crewmember. The Company is
responsible for all other transportation as necessary, including the
depositioning of the Crewmember to the Crewmember's assigned base at the
conclusion of the bid line. The provisions of Section B, para's (5-b) and (6),
of this Article shall apply in the movement of Crewmembers between their place
of residence and the first point of departure and return. If the Company
elects to position the Crewmember via freighter jumpseat and the Crewmember
fails to make his duty assignment, the Crewmember shall not be held
responsible.
4. If the bidding or assignment of Lines of Flying results in a
potential conflict with the F.A.R.'s, the affected Crewmember's schedule shall
be adjusted. Duty days may be moved to provide the Crewmember with no more
than eighteen (18) duty days in a bid period.
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SECTION D. DEFINITIONS
1. "Commute", as defined in this Agreement, relates to a
Crewmember that does not reside at the Crewmember's assigned base. Anytime
"Commute" is used in this Agreement, it shall be the responsibility of the
Crewmember to provide his own transportation.
2. "Positioning or depositioning" as used in this Agreement
relates to the movement of a Crewmember at the direction of the Company. All
positioning or depositioning is the responsibility of the Company.
ARTICLE XV - HOURS OF SERVICE
(A) GENERAL:
1. Where this Article may be interpreted as less restrictive than
the current FAR's, the appropriate FAR shall apply. Changes to the current
FAR's that affect this Article shall cause the Company and the Union to re-open
under Section (6) of Railway Labor Act, as amended, to re-negotiate only those
conflicts created by the changes.
2. If the Company elects to use the flight time and duty
limitations of FAR 121.523, the aircraft used must have adequate rest
facilities, as defined by the FAR's to allow each Crewmember to sleep.
3. All flights operated by Crewmembers covered by this Agreement
shall constitute duty time as a flight Crewmember.
4. The Company shall provide adequate rest facilities in hotels
or motels or their equivalent for each Crewmember. The Company shall book
lodging to provide each Crewmember with a separate room.
5. The Company shall provide Crewmembers with rest facilities any
time the scheduled or block-to-block time on the ground is six (6) hours or
more or the departure time is undetermined.
6. Domestic and International flight and duty time limitations,
except as otherwise specified in this Agreement, will be in accordance with the
FAR's.
(B) DUTY TIME AND REST:
1. Duty time shall commence when a Crewmember is required to
report for duty (one hour prior to scheduled departure domestic-two hours
international) or actually reports to the airport, whichever is later. Duty
time shall end thirty (30)
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minutes after the flight arrives at the blocks at the point where the flight
terminates, or when the Crewmember is released by the Company, whichever is
later. If a Crewmember is called to the field for the purposes of serving as a
Flight Crewmember, and is not used, his duty time shall end when the Crewmember
is released by the Company for a rest period.
2. "Deadhead" as defined in Article II of this Agreement shall be
considered as duty time under the following conditions: Deadhead time shall be
computed at one half (1/2) time toward the maximum allowable duty time
limitations of this Article, section (2a), (2b), and (2c) only.
(a) Whenever a Crewmember is required to report for duty and the
first assignment prior to a flight or series of flights is deadhead, the time
spent in traveling shall be considered duty time. The Crewmember shall be
considered on duty as specified in Section (B-1) of this Article and all time
spent in traveling shall be credited as deadhead duty time as specified in
Section (B-2).
(b) If a Crewmember is required to deadhead between flight duty
assignments, and is not provided a rest period as defined in this Article, the
time spent in traveling shall be considered duty time.
(c) If a Crewmember's last assignment is to deposition from a
flight or series of flights to his residence or base, the time spent in
deadheading shall not be considered duty time, providing the Crewmember waives
his rest period.
(d) Crewmembers shall not receive deadhead time when traveling
between their place of residence and a training assignment or return.
3. A Crewmember required to deadhead more than ten (10) hours
prior to the start of his assigned trip shall be given a minimum of twelve (12)
hours of rest on the ground prior to commencing his duty period.
4. During duty time a Crewmember is under the control and
direction of the Company.
5. A Crewmember's duty time shall be broken any time the
Crewmember is released for a rest period. Rest time is measured from release
from duty, as specified in Section (B) (1) of this Article, until report for
duty. A rest period is defined to be freedom from all restraint including
freedom from work and from responsibility for work should the occasion arise.
6. During a rest period the Crewmember shall not be disturbed
except to receive calls from the Company no more than two (2) hours prior to
show time, to assign a schedule or a call from the Crewmember requesting such
assignment. Any
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preceding calls from the Company during a rest period, shall constitute a
broken rest period, requiring the Crewmember to re-start a new rest period.
This shall not apply to a personal emergency.
(C) DOMESTIC FLYING:
1. For Domestic flying the rest period will be as specified in
F.A.R. 121 with a minimum of nine (9) and one half (1/2) hours block to block
with a minimum of eight (8) hours free of duty. The Company shall provide rest
facilities for the Crewmember(s) as specified in this Agreement.
2. The Company may combine a domestic flight or series of flights
with an international flight or series of flights, providing the Crewmember(s)
do not exceed the maximum flight time limitations of F.A.R. 121 and the duty
time limitations of this Article.
(D) INTERNATIONAL FLYING:
1. The Company shall not schedule a crew consisting of two pilots
and one additional airman, as required, for more than eighteen (18) hours of
duty time. If the Crewmember(s) duty period is less than eighteen (18) hours,
the rest period shall be a minimum of ten (10) hours free of all duty. If the
Crewmember(s) duty period exceeds eighteen (18) hours, the rest period shall be
twelve (12) hours free of all duty. All rest periods shall be at a place of
lodging as defined in this Agreement.
2. If the crew determines fatigue will be a factor in continuing
the flight, they shall coordinate a rest period with the Company. The minimum
rest period shall be twelve (12) hours free of all duty or greater if required
by the FAR's. All rest periods shall be at a place of lodging as defined in
this Agreement.
3. At the option of the affected Crewmembers and the Director of
Operations, a portion of the "report for duty" time specified in B.1. of this
Article, may be reduced as provided in the G.O.M. A late departure caused by
this reduced "show" time shall not be the responsibility of the Crew.
(E) TIME AT HOME FREE OF DUTY:
1. No Crewmember shall be required to keep the Company advised of
his whereabouts during any scheduled days off, except as provided for in
Article XIV, Section (B) (6). When a Crewmember completes a flight or a series
of flights, or training, he shall be advised by Crew Scheduling of his next
projected flight and the date of such flight.
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2. A Crewmember may be scheduled through his Base by a Line of
Flying. The Company may schedule a Crewmember through his Base, providing the
scheduled transit time is less than four (4) hours block-to-block. The Company
shall provide hotel and ground transportation anytime the transit ground time
exceed six (6) hours. The Crewmember will remain on duty, until a legal rest
period is provided.
3. Crewmembers awarded or assigned a Line of Flying or Reserve
Line shall receive not less than twelve (12) twenty-four (24) hour periods free
of duty in a thirty (30) day month or thirteen (13) twenty-four (24) hour
periods free of duty in a thirty-one (31) day month. All scheduled or
projected duty free periods that are shown on the bid lines shall be considered
the Crewmember's days off for the bid period. Each Line of Flying or Reserve
Line shall clearly indicate all duty free days and shall meet the requirements
of Article XIV, Scheduling and this Article.
4. If the Company contacts a Crewmember on his days off for a
trip or duty assignment and the Crewmember agrees to such trip or assignment,
he shall be paid in accordance with Article XIX, Section (H), Paragraph (2),
Compensation, of this Agreement.
5. Any Crewmember who elects to work on any of his days off,
shall be provided all transportation between his residence and duty assignment
and return. The Crewmember shall receive per diem and hotel accommodations at
all locations.
(F) RESERVE REST AND DUTY PERIODS:
1. Any Crewmember who has reported to the airport or location
assigned by the Company shall start duty time as defined in this Article.
2. All Reserve duty days and duty free days, where possible,
shall be clearly indicated on each Reserve Line. Any changes or adjustments to
the reserve duty periods must be given to the Crewmember prior to the start of
the reserve assignment.
(G) SCHEDULED DUTY TIME LIMITATIONS
1. When scheduling Crewmembers for "Revenue Flying" as defined in
Article II, Section R, of this Agreement, the Company shall use the following
guidelines: Crewmembers shall be considered on duty, as specified in B-1, of
this Article and shall not be scheduled to exceed the following duty time
limitations.
(a) Single Crew, as defined, operating domestic flight(s)
only - 16 hours.
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(b) Single Crew, as defined, operating international
flight(s) only - 18 hours.
(c) Double Crew, as defined, operating international
flight(s) only - 30 hours.
2. Crewmembers released from flight duty after a flight or series
of flights may elect to continue with deadhead or remain at his last stop for a
crew rest period. If electing crew rest the Company shall provide the
Crewmember(s) with rest facilities and transportation to his home or next duty
assignment.
ARTICLE XVI - UNIFORMS
(A) UNIFORM RESPONSIBILITIES
Crewmembers shall wear the standard uniform as prescribed by the Company at all
times while on duty. The cost of the original uniform, not to exceed $410.00
dollars, and any prescribed change shall be borne by the Company after the
signing of this Agreement. The standard uniform issue will include one (1)
blouse; two (2) pairs of pants; five (5) shirts; two (2) neckties; one (1) hat
(optional); insignias for blouse and hat; and one (1) winter coat. The uniform
maintenance allowance for each Crewmember shall be $142.70 for each three (3)
years of active service. In addition to the uniform maintenance allowance, the
Company shall reimburse to the Crewmember any replacement items of the uniform
that are damaged during the time a Crewmember is performing his duties. If a
Crewmember leaves the service of the Company prior to completing his
probationary period, the original uniform shall be returned in serviceable
condition to the Company. The uniform item(s) may be re-issued to a
Crewmember.
(B) COMPANY INSIGNIAS
The Company will provide to each Crewmember, free of charge, the original issue
of any Company insignia, epaulets or emblem that is required to be worn as part
of the prescribed uniform. Such insignia, epaulets or emblem shall remain the
property of the Company, and each Crewmember shall be responsible for same if
lost.
(C) CONSULTATION
The Company will consider the recommendations of the Crewmembers regarding any
changes in uniform.
(D) UNION INSIGNIA
A Union lapel pin may be worn on the uniform.
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ARTICLE XVII - PHYSICAL EXAMINATIONS
(A) The physical standards required of a Crewmember shall be the standards
established by the Federal Aviation Administration, outlined in Part 67.
(B) Any information obtained by or as a result of a Company physical
examination shall be kept confidential between the doctor(s), the Crewmember,
and the administrative personnel of the Company concerned with the Crewmember's
physical condition.
(C) It is the responsibility of the Crewmember to provide the Company's
Flight Operations Department with a copy of his new current medical certificate
by the 25th day of the month in which the old medical certificate is due to
expire.
(D) The Company shall advise all Crewmembers, by written notice mailed to
the Crewmember's home address, of the due date of their FAA physical
examination. This provision does not relieve the Crewmember of the
responsibility in Paragraph (C) above, or prevent the Company from taking the
Crewmember out of service without pay if he fails to remain currently
qualified.
(E) During the month the Crewmember is due his physical examination, the
Company shall ensure he is not prevented from taking the examination. It is
the Crewmember's responsibility to schedule his physical examination on his
days off.
(F) If a Crewmember is eligible for, and has elected to carry the
Company's health insurance, the cost of one physical examination annually will
be paid subject to the following conditions. The examination will be paid for
in full up to $100.00 without regard to the annual deductible. If the cost of
the examination exceeds $100.00, the additional amount will be covered at 80%
provided that the annual deductible has already been paid.
(G) The Company and the Crewmembers shall adhere to the Current FAA Drug
and Alcohol Testing Programs. The Company shall provide at no cost to the
Crewmembers all FAA required material and information regarding the programs.
The Company will make every effort to schedule the FAA Drug Testing on a
Crewmembers duty day. During the term of this Agreement, the Company shall
notify all Crewmembers in writing as to any changes, modifications, or
additions to the current programs.
ARTICLE XVIII - HEALTH AND WELFARE
(A) The Company shall provide -- on a fully paid basis -- life insurance
and A.D.&D., for all Crewmembers covered by this Agreement equal to one (1)
year of the
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Crewmember's base guarantee plus longevity. Eligibility for this benefit shall
begin following six (6) months of continuous full-time employment.
(B) During the term of this Agreement, the Company may offer additional
and optional life insurance that each Crewmember would be eligible to purchase.
(C) Upon ratification of this Agreement, the Company shall continue to
provide the health and dental insurance that is currently in effect including
"Short Term Disability". Eligibility for health, dental benefits and "Short
Term Disability" shall begin following six months of continuous full-time
employment. In determining length of employment for this benefit, all periods
of absence (paid or unpaid) will be deducted, except for holidays, vacations,
military leave, sick leave, and as defined by the provisions of the Family and
Medical Leave Act. The Company may, during the term of this Agreement, change
insurance carriers but in no case shall the benefits currently in effect be
reduced in any way. At the Company's option, the Company and the Crewmember
may share any premium increase, provided however, that Crewmembers shall not be
required to pay a larger proportion of any premium increase than any other
Company employee.
1. Whenever a Crewmember leaves the service of the Company, he
may be entitled to a continuation of health care and dental benefits under
COBRA. If a Crewmember is eligible for COBRA coverage, all information
regarding coverage, premiums, deadlines and forms will be forwarded to him at
the address that the Company has on file.
2. Whenever a Crewmember takes a leave of absence or is unable to
perform his duties, as specified in Article II of this Agreement, and wants to
keep his insurance active he will be required to pay the employee portion of
the health and dental insurance premiums during the first thirty (30) days of
leave. If the leaves extends beyond thirty (30) days, the Company will no
longer continue to cover any portion of the insurance premiums (except as
provided by Military Leaves and FMLA). However, the Crewmember may be entitled
to a continuation of health care benefits under COBRA. If a Crewmember is
eligible for COBRA coverage, all information regarding coverage, premiums,
deadlines and forms will be forwarded to him at the address that the Company
has on file.
(D) The graduated co-payment policy that is currently in effect for
medical and hospitalization shall remain in effect. All Crewmembers with more
than five (5) years of active service shall not be required to make co-payments
for medical and dental insurance.
(E) Within one hundred twenty (120) days after the ratification of this
Agreement, the Company shall offer Long Term Disability insurance to each
Crewmember. The
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cost of this insurance will be paid for by the Crewmember if he elects this
coverage. The premiums will be paid bi- weekly through payroll deductions.
(F) All Crewmembers will be covered by health, dental and life insurance
while operating a Company flight in a "Hostile" area -- as defined by the U.S.
Department of State -- under the following conditions.
1. If a Crewmember has elected to take the Company health and
dental insurance, then he shall be covered by this insurance while operating a
Company flight within a hostile area.
2. If a Crewmember is eligible for the Company life insurance
program, then he will be covered by this insurance while operating a Company
flight within a hostile area.
3. Any Crewmember that has less than six (6) months of active
service with the Company shall be covered by health and life insurance while
operating a Company flight within a hostile area.
4. All flight(s) operated in a "Hostile" area, as defined by the
U.S. Department of State, shall be on a voluntary basis only. Only those
flights operated by the Department of Defense within the terms and conditions
of the CRAF program shall be mandatory.
(G) Tax Deferred Savings Plan 401(k)
1. The Company agrees to extend the "Teamsters National 401(k)
Tax Deferred Savings Plan" -- as the sole 401(k) plan offered -- to all
Crewmembers that are covered by this Agreement. This plan will be referred to
hereinafter as the "Teamster's 401(k) plan."
2. The Company will make payroll deductions on a bi-weekly basis
from any Crewmember who chooses to participate in this plan.
(a) The Company will deposit this money into the account
that is designated by the Teamster's 401(k) Plan in
compliance with, and subject to, the Internal Revenue
Service, ERISA regulations and the Department of
Labor.
(b) For each deposit made, the Company will forward a
list of all participants and the amount of their
current deferrals to the plan administrator of the
Teamster's 401(k) Plan.
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(c) Within one hundred and twenty (120) days after the
ratification of this Agreement, the Company will
begin to withhold payroll deductions from all
Crewmembers who have submitted a form authorizing the
401(k).
3. All moneys that are invested by Crewmembers in the Company's
401(k) Plan will be transferred into the Teamster's 401(k) Plan in compliance
with, and subject to, the Internal Revenue Service, ERISA regulations and the
Department of Labor.
(a) The transfer of this money will begin within one
hundred and twenty (120) days after the ratification
of this Agreement and will be completed no later than
one hundred and eighty (180) days from the date of
ratification.
(b) The Company will not pay any fees that are associated
with the withdrawal or transfer of the funds from the
Company's 401(k) Plan to the Teamster's 401(k) Plan.
4. Other than as set forth above, the Company will not
participate in the administration of this 401(k) Plan.
ARTICLE XIX - COMPENSATION
(A) 1. (a) Crewmembers in their first year of Active Service
with the Company, shall not receive Longevity Pay until they have completed
their first year of Active Service as defined in Article II of this Agreement.
Each Crewmember, after completing their first year of Active Service with the
Company, shall be compensated with Longevity Pay in accordance with the
following schedule.
1st year of Active Service completed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5% increase
2nd year of Active Service completed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5% increase
3rd year of Active Service completed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4% increase
4th year of Active Service completed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3% increase
Each additional year thereafter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3% increase
(b) The percentage increases shown in 1.(a) above, are cumulative,
but not compounded, and relate to the base hourly rate for the Crew Class and
Category to which the Crewmember is assigned. Longevity pay as provided in
this Section shall adjust the pay per hour, described in Paragraph 2. below.
2. Each Crewmember shall be compensated for his hourly flight
time based on his Crew Class position as defined in Article II, Section (H), as
set forth below: Pay will be computed to the nearest one-tenth (1/10th) of an
hour.
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CREW CLASS BASE RATE + LONGEVITY PAY= RATE AT DOS
---------- --------- ----------------------------
Captain $70.00 As described in Will vary by
paragraph 1(a) above. Crewmember and years
First Officer $47.50 of Active Service
Flight Engineer $47.50
Flight Engineer + A&P $52.50
3. The International Pay Rate shall be paid at the rate of ten
dollars ($10.00) per hour in addition to any other compensation as defined in
this Agreement, for all international hours flown as defined in Article II.
4. Crewmember(s) that accept a check or instructor position, as
specified in Article XXI, Section E, shall receive additional compensation as
follows:
(a) Check Airmen . . . . . . . . . . . . $15.00/hour additional
Check Engineer . . . . . . . . . . . $15.00/hour additional
Ground School Instructor . . . . . . $10.00/hour additional per class room hour
Simulator Instructor . . . . . . . . Hours will be credited toward the monthly
guarantee and paid appropriately
(b) The rates set forth in (A) above for Check Airmen and
Check Engineer are valid whether the Crewmember is providing this service for
strictly domestic flights, strictly international flights, or a combination of
both. There shall be no additional "International Pay" for Crewmembers who are
filling Check Airman or Check Engineer positions.
5. a) All pay under this Agreement shall be paid in United
States dollars. Crewmembers shall be paid on a bi-weekly basis. After the
close of the bid period, the first paycheck shall contain one half (1/2) the
flight pay guarantee for the bid period, including appropriate adjustments; the
second paycheck shall contain one half (1/2) the flight pay guarantee, plus all
additional compensation earned in the prior bid period. All additional
adjustments including overtime pay, pay for performing duties on a duty free
day, etc., shall be made on the second paycheck following the bid period in
which it was earned.
b) Whenever a Crewmember is called to the field for the
purpose of serving a Flight Crewmember and is not used, he shall be credited
the equivalent of
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one (1) hour of flight pay for each four (4) hours of duty or fraction thereof,
with a minimum of one (1) hour's flight pay credit. Whenever a Crewmember is
called to the field for the purpose of serving as a Flight Crewmember and is
used, he shall be credited with the actual flight time. In the event that the
flight time is less than one (1) hour, then the Crewmember will be credited
with one hour flight pay.
c) In the event an aircraft is forced to return to its
originating station due to malfunction of the aircraft or other causes and the
flight is canceled, the Crewmember shall be credited with hourly flight pay,
based on actual flight time.
d) Whenever a Crewmember performs or supervises
maintenance work in addition to his normal duties on the aircraft, as defined
in Article II of this Agreement, he shall be paid fifteen dollars ($15.00) per
hour or fraction thereof. This compensation shall be in addition to any other
compensation listed in this Agreement.
e) A newly hired Crewmember who receives training prior
to his qualification as a Crewmember shall be paid a minimum of five hundred
($500.00) dollars per week while in training. The Company shall pay the hotel
expense when a newly hired Crewmember is assigned to training at a location
other than the Company's base of operation. This sum shall include all
compensation while in training. Upon qualification as a Crewmember,
compensation shall begin in accordance with Section (A) of this Article.
f) Unless otherwise required by applicable law, a
furloughed Crewmember shall receive his pro- rated guarantee and all other pay
due him, on the first regularly scheduled paycheck that includes the pay period
in which he was furloughed.
g) Anytime a Crewmember deadheads on International
flight(s) (where authorized), instead of the Company paying commercial
transportation, the Crewmember shall be compensated $200.00. Each time the
entire flight crew is changed, the deadheading Crewmember shall receive an
additional $200.00. If the deadheading Crewmember lays over at any enroute
station, the Crewmember shall be compensated an additional $200.00 for the
follow-on deadhead movement.
Example: Trip route VHHH/RJTT/PANC/KLAX Operating Crew Change
scheduled for PANC. Deadheading Crew boarded at VHHH and scheduled
layover KLAX Deadheading Crew to receive $200.00 for VHHH/PANC and
$200.00 for PANC/KLAX. Total compensation to deadheading Crewmember
$400.00.
h) Crewmembers shall be compensated for their hourly pay
as show in Section (A) of this Article in accordance with the following rules:
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1. Flight pay hours - as defined in Article II, are
actual block-to-block time, computed to one tenth (1/10th) of an hour.
Crewmembers are credited with one (1) pay hour or portion thereof, for
every one (1) flight hour or portion thereof.
2. Anytime a Crewmember elects to perform any duties on
a scheduled duty free day, he shall be paid four (4) hours of pay at
his rate, as set forth in Section (A) of this Article, or the actual
hours flown, whichever is greater. This shall be in addition to any
other compensation as provided in this Agreement.
i) The Minimum Bid Period Guarantee (MBPG) shall be
sixty (60) flight pay hours in a one (1) month bid period compensated at the
Crewmember's appropriate hourly rate as shown in Section (A), Paragraphs 1 and
2 of this Article.
j) The Minimum Bid Period Guarantee (MBPG) for
Crewmembers assigned or awarded a bid rotation in excess of the normal rotation
of eighteen (18) duty days and twelve (12) or thirteen (13) duty free days,
shall be one hundred and eight (108) flight pay hours for a thirty (30) day
month or one hundred twelve (112) flight pay hours for a thirty-one (31) day
month. All rates of pay in this paragraph shall be compensated at the
International Pay rate, as outlined in Section (A) 3. of this Article. Anytime
a Crewmember is required to deadhead prior to the start of the bid period or
deadhead at the end of the bid period, he shall be compensated for all days of
travel as if worked on a duty free day.
k) TAXI PAY:
1. Whenever a Crewmember(s) is called to the field for the
purpose of positioning or de-positioning an aircraft, not for the purpose of
flight, it shall be described as "Taxi Pay". The Crewmember(s) shall be
compensated at his appropriate hourly pay for all taxi time with a minimum of
one hour flight pay credit. The crew shall enter block times in the aircraft
log book and note "Taxi only" in the remarks section.
2. Any time a Crewmember(s) is required to position or
de-position an aircraft within the same duty period, for any reason, the
Crewmember(s) shall be compensated for all time spent at his appropriate hourly
flight pay credit. Taxi time shall be accounted for as provided for in "1."
above.
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ARTICLE XX - EXPENSES, LODGING & TRANSPORTATION
(A) Per Diem and Lodging
1. While away from the Crewmember's assigned base or his
residence, the Crewmember shall be paid per diem at the following hourly rate:
Domestic International As per Article XXIV
D.O.S.
$1.00 $2.00 $3.00
2. International Per Diem shall be paid according to Paragraph
(1) above while the Crewmember is on assignment outside the contiguous 48
states. On a continuation flight the International Per Diem rate shall be paid
for all hours from block out at the last domestic airport, on an international
trip, to block in at the first domestic airport. Otherwise, the International
Per Diem Rate shall start as specified in Paragraph 5 of this Article.
3. When a Crewmember is assigned to lines of time that exceed the
normal bid rotation outside of the contiguous 48 states -- as defined by the
conditions in Article XXIV, the Per Diem shall be paid, according to Paragraph
1. above, for all hours from the time the Crewmember departs the last domestic
airport on an international trip, to block in at the first domestic airport on
an international trip.
4. In addition to the expenses provided in Section A, the Company
shall furnish suitable single occupancy hotel accommodations or crew apartments
in a location convenient to the airport and chosen by the Company. These
accommodations shall be provided for Crewmembers when the Company determines it
necessary or where the layover is greater than six (6) hours, measured block in
to block out. The Company will pay for room, tax, and Company related
telephone calls or faxes. All other incidental charges will be paid by the
Crewmember when checking out. Direct billing will be arranged by the Company
for all designated hotels and also for unscheduled accommodations, whenever
possible.
(a) When hotel accommodations are required in accordance
with Paragraph 2. above, expeditious transportation to and from the
hotel to the airport shall be furnished by the Company.
(b) When transportation on a layover is not provided by
the Company within one (1) hour after the aircraft blocks in,
Crewmembers may use any other available means of ground transportation
to their place of lodging and shall be reimbursed for claimed,
receipted expenses.
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5. Per Diem shall be paid at the hourly rate as set forth in this
Article, commencing when the Crewmember is required to report for duty at his
base or depart his residence, until the Crewmember is returned to his base or
his residence.
6. Crewmembers on layover of forty-eight (48) hours or more shall
be allowed reimbursement for rental car transportation, and will be limited to
one (1) car per crew, when approved by the Director of Operations or his
designee.
7. All Per Diem will be paid no later than the end of the
following bid period in which it was earned.
8. In the event a Crewmember is authorized and uses his
automobile on Company business, he shall be reimbursed at the rate of
twenty-nine ($.29) cents per mile. The Crewmember must indicate the
origination point and termination point of travel and submit the proper
reimbursable expense report.
ARTICLE XXI - GENERAL CONDITIONS
(A) The Company shall provide identification cards to each Crewmember
indicating his category position. The Company shall not require any Crewmember
to update or maintain manuals, documents or charts during flight. The Company
shall provide charts, and manuals with associated revisions for each aircraft.
(B) A Crewmember shall not be required to pay for the use of any Company
equipment used in training and will not be required to pay for any Company
aircraft damaged while under the direction of the Company.
(C) The Company shall pay for all visas and necessary photographs and
inoculations required of Crewmembers and if practicable the Company will obtain
such visas.
(D) 1. If a Crewmember is scheduled for eight hours of duty time or
more and is not scheduled for an enroute stop of at least (3) hours where
ground transportation to a restaurant is provided, the Company shall provide
crew meals.
2. Crew meals shall be provided by the Company for all
Crewmembers on all flight segments of six (6:00) hours or more. When possible,
all crew meals shall be delivered directly to the aircraft prior to departure,
and no Crewmember is responsible to provide his own crew meal while on flight
duty with the Company, if the Company is required to provide such meal. No
flight will be delayed due to the failure of the Company to provide crew meals.
(E) No Crewmember shall be required to accept a position in a supervisory
or check airman capacity.
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(F) No Crewmember when deadheading at the direction of the Company by air
transportation shall be required to operate such aircraft.
(G) PERSONNEL AND TRAINING FILES. The Company shall maintain a personnel
file, and a training file for each Crewmember. The personnel file shall
contain all personnel related documents involving the Crewmember and the
training file shall contain all the Crewmember's training records. Upon
request, a Crewmember may review his Personnel file in the presence of the
appropriate Company official at a time and place mutually agreed upon between
the Crewmember and the Company. Such written request shall be limited to one
every six (6) months.
1. Upon written request, a Crewmember shall be entitled to copies
of any document(s) in his personnel file. The Crewmember shall be given a copy
of any infractions at the time such entry is made in his personnel file, and
the Company shall send an additional copy of such entry to the Union.
2. All orders to a Crewmembers involving promotions, demotions,
furloughs and leaves of absences shall be stated in writing, and shall be
placed in the Crewmember's personnel file.
(H) If any article, section, or provision of this Agreement should be held
invalid by operation of law or by any court of competent jurisdiction, or if
compliance with or enforcement of any article, section, or provision should be
restrained by such court pending a final determination as to its validity, the
remainder of this Agreement, or the application of such article, section, or
provision to persons or circumstances other than those as to which it has been
held invalid or as to which compliance with or enforcement of has been
restrained, shall not be affected thereby. In the event that any article,
section, or provision is held invalid, either party may request negotiations
for the purpose of arriving at a mutually satisfactory replacement of such
article, section or provision. In the event such negotiations fail to produce
an agreement as to such replacement, either party, notwithstanding the
provisions of Article XXVII, Duration, may invoke the services of the National
Mediation Board in accordance with the provision of Section 6, Title I, of the
Railway Labor Act, as amended, to resolve such dispute.
(I) UNION REPRESENTATION. The Company shall provide the Union with a
suitable location for a bulletin board at the all Company crew base(s) for the
posting of official notices of Union meetings, elections, and other notices
pertaining to internal Union matters.
1. The Company agrees to admit to its Company crew base(s) and
all operational line stations, the official designated representatives of the
Union to transact such business as is necessary for the administration of this
contract. The
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Union will provide the Company with prior notice of any such request to be
admitted to any operational line station. All such requests must be approved
by the Company.
2. The Union shall select Crewmember representatives and shall
notify the Company from time to time of their appointment or removal. The
number of employee representatives shall be limited to those necessary to
provide convenient representation for Crewmembers. The Company shall notify
the Union of the appropriate Company representatives.
3. Any Crewmember required to be present at a Company hearing or
investigation involving the Crewmember will be entitled to Union representation
at such hearing or investigation, providing the Crewmember makes such request.
4. The Company shall allow a reasonable period of time during new
hire indoctrination for Union orientation. The time period shall be after a
normal training day.
5. The Union Executive Council shall appoint a Professional
Standards Committee, composed of Crewmembers which shall confer with the
Company on matters pertaining to the professional proficiency or conduct of
Crewmembers. Members of this Committee shall be permitted to observe any
training period or proficiency check at the request of the Company or the
Crewmember obtaining such training/proficiency check. The Company shall
release such member(s) to participate in such hearings, training periods, or
check rides consistent with reasonable scheduling requirements, at no loss of
pay.
(J) Crewmembers will not be required to participate in publicity or
promotional activities.
(K) The Company shall negotiate reciprocal jumpseat agreements with other
airlines and provide a list every year to all Crewmembers.
(L) Aircraft cabin entry area and flight decks shall be clean and properly
maintained; it is the Crewmember's duty to assure that they will be left in an
orderly condition. Hot cups, microwaves or ovens in aircraft equipped with
such, as of July 18, 1995, shall remain in the aircraft and be maintained in an
operable condition. The Company shall provide all appropriate cleaning
supplies, including approved wipes for oxygen mask equipment.
(M) Consistent with the Company's pass policy and interline agreements
with other carriers, if any, all Crewmembers covered under this Agreement and
their immediate families shall be entitled to the same pass or reduced fare
privileges afforded or available to other A.I.A. Inc. employees and their
families. The Company will provide
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a current list of all agreements and interline privileges to the Crewmembers,
once each year.
(N) The Company shall include the Crewmembers as an insured under the
Company's Airline Liability Policy, while the Crewmember is acting on behalf of
the Company.
(O) Upon written request to the Company Payroll Department, the Company
shall mail a Crewmember's paycheck to a specified address. Such request must
be received by the Company at least 30 days before the paycheck is due.
Providing, electronic direct deposit of paychecks and per diem expense checks
becomes available, the Company shall provide the service. Any additional cost
required by the bank or transfer agency will be paid by the Crewmember. The
Company shall provide withholding for state taxes if requested by a Crewmember.
(P) A Crewmember who is required to serve on jury duty shall receive no
pay from the Company, unless required by applicable state law. Any Crewmember
who receives notice of jury duty will inform his supervisor and will cooperate
with the Company in obtaining a postponement from jury duty if required.
(Q) The pilot-in-command on all engine out ferry flights may be a
management or check Crewmember. In the event a management or check Crewmember
is not available, the Company may designate a line Captain to operate such
flight if he is qualified and he so agrees.
(R) The Union recognizes the right of the Company to "Lease" an
aircraft(s) to another Company at such times as the Company is unable to obtain
sufficient business for profitable operations of said aircraft. In such event,
the Company shall endeavor to arrange with the lessee to provide for the
employment of a full or partial complement of Crewmembers covered by this
Agreement and constitute a "Wet Lease" operations. If the Company's endeavors
are unsuccessful, it will upon request of the Union state in writing the
reasons as to why such employment is not acceptable to the lessee. In the
event a furlough is necessary due to the "Lease" of equipment, the Company
shall provide the following information: Duration of Lease Agreement, duration
of furlough, number of Crewmembers effected by type and crew class, number of
aircraft effected by the "Lease", approximate date of recall of Crewmembers.
(S) Any Crewmember who becomes sick or injured while away from their base
on Company business shall be provided with any necessary transportation arising
from his illness or injury. Such transportation shall be provided at Company
expense if not otherwise covered by applicable insurance. The Crewmember will
be returned to the Crewmember's assigned base or his residence by the Company
at the earliest possible time.
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(T) If a Crewmember suffers a compensable work-related illness or injury
away from his base, on Company business, and his injury requires
hospitalization away from his base, the Company shall pay those hospitalization
expenses to the extent to which such hospital expenses are not otherwise
covered by applicable insurance.
ARTICLE XXII - MISSING, INTERNMENT, PRISONER OR HOSTAGE
OF WAR BENEFITS, HIJACKING
(A) Any Crewmember who in the course of his employment becomes
involuntarily missing, who is interned or held hostage shall be entitled to
compensation of his applicable MBPG until released from interment or hostage,
or, if missing, until proof of death is established in fact (or until there is
reasonable presumption of death) and only to a maximum of twenty-four (24)
months will such compensation be paid to the beneficiary or beneficiaries
designated in writing by the Crewmember as set forth in paragraph (E) below.
(B) Any payments due to any Crewmember under this section which are not
covered by a written direction as above shall be held by the Company for such
Crewmember and in the event of his death shall be paid to the legal
representative of his estate.
(C) Crewmembers shall retain their seniority and continue to accrue
longevity for pay purposes, vacations, sick leave, and retirement benefits
during periods in which they are missing.
(D) A Crewmember who requires the use of sick leave due to having been a
Crewmember on an aircraft that is hijacked shall be allowed to use such with no
charge to his sick leave account.
(E) The Minimum Monthly Guarantee allowable under Article XIX, shall be
disbursed by the Company in accordance with written directions from the
Crewmember. The Company shall require all Crewmembers employed in the
Company's operation to execute and deliver to the Company such written
direction. The direction referred to shall be in substantially the following
form:
TO: American International Airways, Inc.
You are hereby directed to pay all monthly compensation allowable to me, and
any other benefits stipulated in this Agreement, while missing, or resulting
from death or any other condition which causes direct payment to me impossible,
under sections of this Agreement as follows:
$__________ per month to ________________________________________________ as
long as living, and thereafter to __________________________________________ as
long as
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living. The balance, if any, and any amounts accrued after the death of all
persons named in above designation shall be held for me, or in the event of my
death before receipt thereof, shall be paid to the legal representative of my
estate.
The foregoing direction may be modified from time to time by letter signed by
the undersigned and any such modification shall become effective upon receipt
of such letters by you.
Payments made by the Company pursuant to this direction shall fully relieve the
Company from the obligation of making payments with respect thereto.
ARTICLES XXIII - STRIKE, LOCKOUT RIGHTS
(A) During the term of this Agreement, the Union shall not authorize,
cause, sanction or engage in any strike, picketing, slowdown, or stoppage of
work.
(B) During the term of this Agreement, the Company shall not cause,
permit, or engage in any lockout of its employees.
ARTICLE XXIV - EXTENDED ROTATION
(A) The provisions of this Article shall only apply when the Company
determines that the provisions of Article XIV - Schedule, do not meet the
flying requirements for crew rotations outside the contiguous U.S. This
Article shall only apply for Crewmembers that are assigned or awarded lines of
time that exceed the normal bid rotation outside the contiguous U.S.
(B) ELIGIBILITY
1. The Crewmember must be current and qualified for the line
being bid or assigned.
a. The Crewmember is considered current and qualified if
no currency requirements will lapse during his assignment.
2. No Crewmember may be assigned a bid under this Agreement if
his awarded vacation bid falls within such bid period, unless the Crewmember
elects to relinquish his vacation. Any changes or adjustments in vacation time
must be negotiated between the Company and the Crewmember.
3. No Crewmember shall be assigned for more than one month in any
three (3) consecutive months, unless the entire eligible seniority list has
been assigned in the preceding month.
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(C) BID/ASSIGNMENT PROCEDURE
1. The Company shall determine the number of positions required.
2. Crewmembers bidding, and meeting eligibility requirements
shall be awarded lines in seniority order. Crewmembers may bid and be awarded
more than one period.
3. If insufficient bids are received, Crewmembers meeting
eligibility requirements shall be assigned lines in reverse order of seniority.
The Company shall assign the most junior Crewmembers in accordance with the
eligibility requirements as set forth above. The Company shall not by-pass any
eligible Crewmember. The Company shall keep and maintain a record of all
Crewmembers who have been awarded or assigned to ensure compliance with this
Article.
4. When the crew compliments are to be reduced, return to the
CONUS shall be offered in seniority order beginning with the most senior
Crewmember(s) assigned through all assigned, then the senior bid Crewmember(s)
through all bids, then forced recall in reverse seniority order.
5. All rotations for Crewmembers awarded/assigned per this
Article, shall be scheduled to commence with the start of each month and
terminate at the end of the month. Travel time is not included for duty
purposes but will be counted and paid as having worked on days off, unless the
travel days were duty days. No Crewmember shall be required to remain at the
duty station more than one (1) month plus travel time, unless he bids the
following month, or waives the provisions of this Article.
6. A Crewmember who bids or is assigned a line under this Article
shall, at his option, have minimum of six (6) days free of duty before
departure from his residence and a minimum of six (6) days free of duty after
return to his residence. The bid period prior to and after assignment under
this Article shall be adjusted by agreement between the Crewmember and the
Company to eighteen (18) duty days. Providing no agreement is reached, the
Company shall make the necessary adjustments. The Crewmember must advise the
Company of his intent to exercise this option and make such adjustments as
required prior to the beginning of an affected bid period.
7. Crewmembers assigned under this Article, may be on duty for
the entire month, but shall not receive less than one (1) twenty-four (24) hour
period free of all duty in any seven (7) consecutive days. For pay purposes
only, no days shall be considered duty free days.
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8. Crewmembers returning from assignment shall not be entitled to
additional days off.
9. If travel to the duty assignment exceeds eight (8) hours, the
Crewmember shall have a rest period of at least twelve (12) hours prior to any
assignment.
(D) COMPENSATION:
1. A Crewmember awarded/assigned per this Article shall receive
an hourly per diem rate as set forth in Article XX, Section A-1, from the time
he leaves his assigned crew base or his residence for such assignment until he
returns to his assigned crew base or his residence. Crewmembers will not
receive additional per diem payments applicable to flights away from his
assigned location.
2. All Crewmembers awarded/assigned per this Article, shall be
paid in accordance with Article XIX, Paragraph J. Crewmembers shall be
entitled to additional pay as defined in this Agreement.
(E) CONDITIONS:
1. When establishing crew rotation as per this Article, the
Company shall consider crewing it in the following manner:
a. Crewing out of the permanent Base;
b. Rotating Crewmembers out of the permanent Base on a
monthly basis in accordance with this Article.
2. Should the above two methods not appear feasible, the Company
and the Union shall meet to establish the best method of crewing the flight
requirements.
ARTICLE XXV - MANAGEMENT RIGHTS
The Company retains the sole and exclusive right to operate, control and manage
its business and exercise all traditional management rights, powers, or
authorities it had prior to signing this Union Agreement, except those modified
specifically by an express provision(s) of this Agreement. Included by way of
description and not by way of limitation are rights to: direct the working
force and determine its size and composition; maintain order and efficiency;
hire, transfer, and promote employees and discipline, suspend, and discharge
them for cause; assign work to employees; extend, maintain, curtail or
terminate its operations in whole or part; determine the nature and extent of
services to be rendered; determine the business concerns with whom it will deal
and the customers it wishes to serve; establish and enforce quality
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standards for its services; determine and change methods, processes, techniques
of operation, for lack of work; determine the number and starting of duty
periods and determine when and if vacancies shall be filled; establish and
modify reasonable rules and regulations and require observance thereof. A
right of management shall not be impaired or waived by any contrary course of
conduct.
ARTICLE XXVI - NEW BASES
A. If during the term of this Agreement the Company elects to open
additional "New Base(s)", as defined in Article II of this Agreement, within
the 48 contiguous States and the District of Columbia, the following procedures
shall apply.
1. The Company shall determine the number of initial vacancies
required to staff the New Base(s), based on Type and Crew Class. The Company
shall post at the Company Base(s) and line stations where the Company maintains
an office, the initial vacancy bid for a period of not less than thirty (30)
days.
2. The Company shall mail to each Crewmember's home address a
copy of the initial New Base(s) vacancy bid, including the Type and Crew Class
and New Base location(s). The Company shall send a copy of the initial New
Base vacancy bid to all furloughed Crewmember(s) at the same time. The bid
package shall include a copy of the projected bid lines and type of flying for
the New Base(s). The bid shall close thirty (30) days after posting.
B. SIXTY PERCENT (60%) RULE: The Company shall not open any new base(s),
as covered in this Article, unless, on the initial new base bid, there are
successful qualified bidders for at least 60% of all positions posted for the
bid.
Example (1): Company initial vacancy bid is for ten (10) B-727 Crews.
The total Crewmembers needed to fill the initial vacancy is 30. The
Company receives 20 bids from B-727 eligible Crewmembers. The 60%
requirement is 18. The New base is opened, and the provisions of this
Article apply.
Example (2): Company initial vacancy bid is for nine (9) B-747 Crews.
The Crewmembers needed to fill the initial vacancy is 27. The Company
receives 13 bids from B-747 eligible Crewmembers. The 60% requirement
is 16. The New Base vacancy bid is canceled.
C. Providing the bids received for the initial vacancies are greater than
60% of the number of Crewmembers in the crew class and type that bid, the
Company may open the New Base(s) under the following conditions.
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1. Once the initial vacancy bid has closed, the Company shall
award to all Crewmember(s) that have bid, the position(s) in accordance with
the following procedure.
2. Initial positions as defined in Paragraph (A)(1) above, shall
be awarded in seniority order, by Crew Class and Type to any Crewmember(s) or
furloughed Crewmember(s) that bid.
3. If there are insufficient bidders, the Company shall award by
reverse seniority order, by Crew Class and Type in order to fill the vacancy
positions.
4. Crewmembers that are subject to displacement from their
current Category, Crew Class and Type due to a reduction at their present base
shall be allowed to bump any position of the same Category at any base their
seniority may hold. The provisions of Article VIII, paragraphs (B)(2) and
(B)(3) shall apply.
5. Crewmember(s) that are displaced as a result of a furlough,
after a New Base has been established may exercise their rights within the
terms and conditions of Article VIII and displace any junior Crewmember at any
base in the same Category.
D. Once initial base vacancies have been bid and awarded or assigned, as
provided for in (C) above, any additional base vacancies shall be posted and
bid in accordance with Article IV of this Agreement.
1. The Company shall determine the additional vacancies required
and shall post at all locations where they maintain bases and locations where
they maintain offices, for a period of not less than thirty (30) days, the
vacancy bid.
2. The Company shall mail to each Crewmember's home address a
copy of the vacancy bid, including the Category/Crew Class, Type and Base
location. The Company shall send a copy of the vacancy bid to all furloughed
Crewmembers at the same time. The bid package shall include a copy of the
projected bid lines and type of flying for the base.
3. New hire Crewmembers may be assigned any base once all vacancy
positions have been bid and awarded.
E. In the event a base(s) is reduced in crew staff level or closed, the
Company shall notify all affected Crewmembers at least thirty (30) days prior
to the actual closure date, or applicable Federal Law.
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F. Moving Expenses
1. A Crewmember shall be entitled to move at Company expense to a
permanent position under any one (1) or combination of the following
circumstances, provided they move within one hundred (100) miles of the new
base.
(a) When Crewmember(s) are awarded a vacancy at a new
base as a result of a successful bid.
(b) When Crewmember(s) are involuntarily assigned to fill
a new base vacancy as a result of insufficient bidders.
(c) When the Crewmember's move results from a closing of
his base.
(d) A furloughed Crewmember recalled to a different base
than from which he was furloughed.
2. Crewmembers shall be given thirty (30) days notice of the
effective date of a new base assignment.
3. If a Crewmember eligible for moving expenses covered by this
Article, elects not to move to the new base, the Company shall pay hotel and
per diem for the first two bid periods at the new base.
G. If the Crewmember elects to commute, he is responsible for being at
the location designated for show time for a designated trip.
H. New hire Crewmembers shall not be eligible for moving expenses when
reporting to their initial base assignment or award.
I. Expenses covered under this Article shall include the following:
(a) Actual moving expenses up to a maximum of fifteen
thousand pounds (15,000#) for household effects (including yard and
workshop tools, motorcycles and lawn equipment). Moving expenses of
household effects provided for in this paragraph shall be
substantiated by receipts for shipping, insurance, or other normal
costs incurred for shipping.
(b) When a Crewmember transfers his car(s) from his
former residence to his new residence, the rate of reimbursement will
be twenty-nine ($.29) cents per mile for the most direct AAA mileage
between such points for the first two (2) automobiles. The Company
shall reimburse the Crewmember for the reasonable and actual expenses
of meals and lodging for the Crewmember and his family for the time to
travel to the new base. A day of
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travel shall be 400 miles by the most direct AAA mileage. All lodging
will be the quality of that used on scheduled layovers.
(c) The Crewmember shall have up to one (1) year to move
and claim the allowances provided for in this Article.
(d) A Crewmember owning and living in a mobile home who
moves such mobile home to his new base shall be allowed actual moving
expenses not to exceed the limitations of (e) below.
(e) The maximum dollar amount shall not exceed the amount
for moving expenses as described in paragraphs (a) or (b) above.
J. Initial Crew Base alignment.
The Company shall determine the number of Crewmembers assigned to each Crew
Class at each base. Upon date of ratification of this agreement, the Company
shall post and provide to the Union a list of the numbers of Crewmembers, by
Crew Class. The crew bases at time of ratification of this agreement shall be:
YIP/B-747, YIP/B-727, YIP/DC-8 and YIP/L-1011.
L. Lines of Flying
The Company shall construct Lines of Flying in accordance with Article XIV of
this Agreement. A Crewmember assigned to the base shall be returned to his
original bid line as soon as possible.
ARTICLE XXVII - DURATION
This Agreement shall become effective on August 29, 1995, unless otherwise
specifically noted, and shall continue in full force and effect until August
29, 1997, and shall renew itself until each successive August 29 thereafter
until written notice of an intended change is served in accordance with Section
Six (6), Title I, of the Railway Labor Act, as amended, by either party hereto
at least thirty (30) days (but not more than sixty (60) days prior to August
29, 1997 or August 29 of any subsequent year.
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IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the 5th
day of September, 1995.
For the International For the American International
Brotherhood of Teamsters Airways, Inc.
------------------------------ -----------------------------------
▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇
Assistant to the Director V.P. and General Manager
------------------------------ -----------------------------------
▇▇▇▇ "▇▇▇▇" Bohinov ▇▇▇ ▇▇▇▇▇
Business Representative Director of Operations
------------------------------
▇▇▇▇ ▇▇▇▇▇
Executive Council Chairman
------------------------------
▇▇▇▇ ▇▇▇▇
Captain Representative
------------------------------
Bassel Fares
Member at Large
------------------------------
▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇
Flight Engineer Representative
------------------------------
▇▇▇▇▇ ▇▇▇▇▇▇▇
DC-8 Engineer
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LETTER OF AGREEMENT
BETWEEN
AMERICAN INTERNATIONAL AIRWAYS, INC.
AND
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
AIRLINE DIVISION
MODIFIED
The International Brotherhood of Teamsters - Airline Division and American
International Airways, Inc. enter into a Letter of Agreement to establish an
upgrade provision for Flight Engineers, employed as of July 28, 1994.
The parties agree to the following terms and conditions:
MINIMUM UPGRADE REQUIREMENTS
1. At least 1,000 hours pilot time, to include 100 hours of
multi-engine time. Recent experience must include 50 hours
during the six (6) months preceding qualification;
AND
2. Employed as a Flight Engineer for a period of one (1) year
with American International Airways prior to July 28, 1994.
AND
3. Commercial Pilots License with instrument and multi-engine
ratings and a current FAA First Class Medical certificate.
Flight Engineers that desire to be considered for upgrade to First Officer must
notify the Chief Pilot within sixty (60) days of this Agreement. The Flight
Engineer that desires to become a First Officer has two (2) years to meet the
Minimum Upgrade Requirements as set forth in this Agreement.
The Company and the Union may extend the time limitations as set forth in this
agreement.
WHEN A VACANCY EXISTS ON THE APPROPRIATE EQUIPMENT, THE COMPANY SHALL;
1. Conduct a simulator evaluation of the Flight Engineer's flying
ability.
2. Administer an equivalent ATP written examination with a
passing score of 80% required.
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3. The Crewmember shall have the option to re-take items (1) or
(2) one time only. The Flight Engineer who fails this
provision shall be returned to his former position as a Flight
Engineer.
4. Upon successful completion of (1) and (2) above, the Company
shall schedule the Crewmember for appropriate training to
First Officer position.
A Flight Engineer who fails to complete the training shall retain his position
on the Flight Engineers Seniority List, and may, at the discretion of the
Company, be given the opportunity to upgrade at a later date.
The First Officer shall be on an evaluation period until he has completed 14
months of flying, or completed his annual proficiency check, whichever comes
first. The First Officer that fails to complete the evaluation period, shall
be returned to his former position as a Flight Engineer.
The qualified First Officer must serve thirty-six (36) months on the same
aircraft type prior to bidding different aircraft type.
Upon successful completion of training the Crewmember shall have his name
removed from the Flight Engineers Seniority List, and placed on the Pilots
Seniority List according to his System-wide Seniority.
Date: July 28, 1994
American International International Brotherhood of
Airways, Inc. Teamsters - Airline Division
American International International Brotherhood of
Airways, Inc. Teamsters - Airline Division
---------------------------- ----------------------------
---------------------------- ----------------------------
----------------------------
----------------------------
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LETTER OF AGREEMENT
BETWEEN
AMERICAN INTERNATIONAL AIRWAYS, INC.
AND
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
AIRLINE DIVISION - LOCAL 747
American International Airways, Inc., and the International Brotherhood of
Teamsters - Airline Division - Local 747, agree to amend the current contract
language contained in this Agreement between the parties, as ratified by the
membership on August 29, 1995. The current contract language contained in
Article XIV - Section B, Paragraph 4 is hereby amended as follows:
4. The Company shall post for the calendar year a schedule for
all bid periods, including the opening date, closure date, and award date of
each bid period. The Company shall post at the Crewmember's Base and all line
stations where Crewmembers may or will transit the next month bid package no
later than the 10th day of the current Bid period. The next month bid package
shall be mailed (postmarked and delivered to the Post Office) to each
Crewmember's home address no later than the 10th day of the current bid period.
a). Each bid period shall close on the 20th day of the current bid
month. The Company shall award and post the results of each bid package on the
25th day of the current month for bid lines awarded or assigned in the
following month. The bid results shall be posted at the Crewmember's Base and
all line stations where Crewmembers may or will transit on the 25th day of each
month. The Company shall not re-award the bid lines after the original posting
is completed.
b). Each Crewmember will be required to contact Crew Scheduling
between the 25th day of month and the last day of the month to confirm his/her
bid line award and training assignment for the following month.
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Date: 21 Nov 1995
For: American International For: International Brotherhood of
Airways, Inc. Teamsters - Local 747
------------------------------- -----------------------------------
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LETTER OF AGREEMENT
BETWEEN
AMERICAN INTERNATIONAL AIRWAYS, INC.
AND
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
AIRLINE DIVISION - LOCAL 747
American International Airways, Inc. and the International Brotherhood of
Teamsters - Airline Division - Local 747, agree to amend the current contract
language contained in the Agreement between the parties, as ratified by the
membership on August 29, 1995. The current contract language contained in
Article XIV - Section A, Paragraph 9, the last sentence is amended as follows:
When the bid package(s) are posted for the following month, the
Company shall have the right to designate some lines of flying for training
purposes. The training lines shall be designated by type of equipment, crew
class position(s) and clearly indicated on each bid package(s).
The assignment or award of Check Airmen to training lines shall be at
the discretion of the Company.
Date: Nov 21, 1995
For: American International For: International Brotherhood of
Airways, Inc. Teamsters - Local 747
------------------------------- ------------------------------------
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LOA 96-07
February 2, 1996
LETTER OF AGREEMENT
BETWEEN
AMERICAN INTERNATIONAL AIRWAYS, INC.
AND
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
AIRLINE DIVISION - LOCAL 747
The International Brotherhood of Teamsters - Airline Division - Local 747 and
American International Airways, Inc., enter into a Letter of Agreement to
modify the current Contract Language as contained in Article XVI, Paragraph
(A)(1) and (A)(2), Page 53 (added) with the following new contract language;
(1) Crewmembers requesting reimbursement for their
initial uniform purchase must submit a Special Pay
Request Form to the Company with "Original" receipts.
(2) Crewmembers uniform maintenance allowance will be
paid automatically on the first pay period of their
anniversary month, every three (3) years following
their date of hire.
(3) Crewmembers requesting reimbursement for uniform
items damaged in the performance of duty must submit
a Special Pay Request Form to the Company with
"Original" receipts. In addition, the damaged
uniform item must be turned into the Company before
payment will be made for reimbursement.
Dated: Feb 27, 1996
For: American International For: International Brotherhood of
Airways, Inc. Teamsters Airline Division -
Local 747
------------------------------- -------------------------------------
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LOA 96-08
February 2, 1996
LETTER OF AGREEMENT
BETWEEN
AMERICAN INTERNATIONAL AIRWAYS, INC.
AND
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
AIRLINE DIVISION - LOCAL 747
The International Brotherhood of Teamsters - Airline Division, Local
747 and American International Airways, Inc., enter into a Letter of Agreement
to modify the current Contract Language as contained in Article XIX, Paragraph
(A)1.g), Page 60 with the following new contract language;
g) Anytime a Crewmember deadheads [rides the jumpseat]
on an International Flight(s) [at the direction of
the Company], in lieu of being
positioned/depositioned using a scheduled commercial
passenger carrier, the Crewmember shall be
compensated $200.00. Each time the entire flight
crew is changed, the deadheading Crewmember shall
receive an additional $200.00. If the deadheading
Crewmember is required to lay over at an enroute
station, the deadheading Crewmember shall be
compensated an additional $200.00 for the follow-on
deadhead movement.
Dated: Feb. 27, 1996
For: American International Airways, Inc. For: International Brotherhood of
Teamsters Airline Division -
Local 747
----------------------------------------- ----------------------------------
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LOA 96-06
February 2, 1996
LETTER OF AGREEMENT
BETWEEN
AMERICAN INTERNATIONAL AIRWAYS, INC.
AND
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
AIRLINE DIVISION - LOCAL 747
The International Brotherhood of Teamsters - Airline Division, Local
747 and American International Airways, Inc., enter into a Letter of Agreement
to modify the current Contract Language as contained in Article V - Section I.,
Paragraphs (B) and (E), Page 16, with the following new contract language:
(B) Providing a satisfactory settlement is not reached
within ten (10) days as provided in paragraph (A), the
Crewmember shall reduce the grievance to writing and present
it to the Union within thirty (30) days. All grievances must
be filed with the Union within thirty (30) days of failure to
resolve the grievance in Paragraph (A) above. The Crewmember
must supply all necessary supporting documentation with
his/her grievance. The Union shall review each grievance and
forward to the Company no later than the tenth (10th) day of
the month all grievances received within the past thirty (30)
days.
(E) All grievances shall be sent to the Director of
Operations or his designee by the Union. If the grievant(s)
is not satisfied with the decision of the Director of
Operations (or his designee), or the Company fails to respond
within thirty (30) days, the Union of the grievant(s) may
appeal such decision to the Crewmember's System Board of
Adjustment. Such appeal shall be made by the Union or the
grievant(s) in writing within fifteen (15) days from the date
of receipt by the Union or the grievant(s) of the decision of
the Director of Operations or his designee.
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Dated: Feb. 27, 1996
For: American International Airways, Inc. For: International Brotherhood of
Teamsters Airline Division -
Local 747
---------------------------------------- ----------------------------------
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LOA 96-05
February 2, 1996
LETTER OF AGREEMENT
BETWEEN
AMERICAN INTERNATIONAL AIRWAYS, INC.
AND
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
AIRLINE DIVISION - LOCAL 747
The International Brotherhood of Teamsters - Airline Division, Local
747 and American International Airways, Inc., enter into a Letter of Agreement
to modify the current Contract Language as contained in Article XI - Section E,
Paragraph 1.(c), Page 34 (added) with the following new contract language;
(c) On December 31st of each year, all vacation days
accrued in excess of the maximum (28 or 42 days)
allowable bank, will automatically be paid out on the
January 22nd paycheck.
Dated: Feb. 27, 1996
For: American International Airways, Inc. For: International Brotherhood of
Teamsters Airline Division -
Local 747
---------------------------------------- ----------------------------------
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LOA 96-04. Rev 1
March 22, 1996
LETTER OF AGREEMENT
BETWEEN
AMERICAN INTERNATIONAL AIRWAYS, INC.
AND
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
AIRLINE DIVISION - LOCAL 747
The International Brotherhood of Teamsters - Airline Division, Local
747 and American International Airways, Inc., enter into a Letter of Agreement
to modify the current Contract Language as contained in Article XX - Section A,
Paragraph 7, Page 63 with the following new contract language;
7. Crewmembers shall provide to the Company, no later than the
seventh (7th) calendar day of the month, their Per Diem and
Overtime Request Form for all pay earned in the previous
month. Crewmembers may fax or mail to the Company their Per
Diem and Overtime Request Form.
a. The company shall provide a Fax number to the
Crewmembers not later than 30 days after signing of
this LOA to be used to receive the Per Diem and
Overtime Request Forms.
b. Crewmembers who Fax their Per Diem and Overtime
Request Forms need not and should not mail an
original copy to the Company.
c. All Per Diem Request Forms, received the 7th of the
month, shall be paid by check, post marked and placed
in the mail to the Crewmembers not later than the
last business day of the month, following the month
in which its was earned.
d. Crewmembers requesting additional reimbursable
expenses must file a Special Pay Request Form and all
"Original Receipts". (Reference LOA 96-12)
Note: This LOA becomes effective with the Per Diem Request for April 1-30.
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Dated: 22/3/96
For: American International Airways, Inc. For: International Brotherhood of
Teamsters Airline Division -
Local 747
---------------------------------------- ----------------------------------
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LOA 96-12
March 22, 1996
LETTER OF AGREEMENT
BETWEEN
AMERICAN INTERNATIONAL AIRWAYS, INC.
AND
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
AIRLINE DIVISION - LOCAL 747
The International Brotherhood of Teamsters - Airline Division, Local
747 and American International Airways, Inc., enter into a Letter of Agreement
to modify the current Contract Language as contained in Article XX - Section A,
Paragraph 9., Page 63 [added] with the following new contract language;
9. Crewmembers shall file for additional reimbursable expenses
using the "Reimbursable Expense Request Form". Crewmembers
shall provide to the Company, no later than the tenth (10th)
calendar day of the month, their Reimbursable Expense Request
Form with all "Original Receipts". Faxed forms and copies of
receipts "will not be" accepted. The following are examples
of what must be submitted with their Reimbursable Expense
Request Form.
a) Original receipts for all commercial airline tickets
purchase, indicating origin, destination and class
flown.
b) Original receipts for all charges and cash purchase
claimed, including a detailed written explanation of
the charges.
c) All Reimbursable Expense Request Forms, received by
the 10th of the month, shall be paid by check, post
marked and placed in the mail to the Crewmembers not
later than the last business day of the month,
following the month in which the funds were expended.
Note: This LOA becomes effective with the Reimbursable Expense Request for
April 1-30.
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Dated: 3/22/96
For: American International Airways, Inc. For: International Brotherhood of
Teamsters Airline Division -
Local 747
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