A. RECOGNITION
1.
In accordance with
the National Mediation Board’s certification of July 8, 1997 (NMB Case R-6501),
the Company hereby recognizes the Association as the duly designated,
exclusive, authorized representative of the Pilots who are employed by the
Company for the purposes of the Railway Labor Act, as amended.
2. The
Association and the Company hereby adopt this collective bargaining agreement,
including all Letters of Agreement between the Company and the Association. All
such agreements are collectively referred to as the “Agreement”.
B. PROTECTION OF RIGHTS:
Nothing in this Agreement
shall be construed to limit or deny any Pilot hereunder of any rights or privileges
to which he or she may be entitled under the Railway Labor Act, as amended.
C. SCOPE
1.
Except as
otherwise provided in paragraph 4, below, all present and future revenue flying
performed by Emery Worldwide Airlines (EWA) on aircraft which are owned, leased
or operated by EWA shall be performed by Pilots whose names appear on the Emery
Worldwide Airlines Pilots’ System Seniority List in accordance with the terms
and conditions of the Agreement.
2. For
purposes of Paragraph C.1.above, revenue flying shall include:
a. Charters
and wet leases performed by EWA:
b. Ferry
Flights (but not including ferry flights of
newly acquired aircraft prior to being placed in revenue service, ferry flights
involving aircraft out of service for heavy maintenance (C or D checks) or
engine-out ferrys);
c. Training
flights (except those training flights that are part of a program to train the
initial cadre of EWA Pilots on a new aircraft type);
d. Test
flights (except test flights assigned to management or other Pilots, in
accordance with the terms of this Agreement).
3. EWA
may continue to subcontract its equipment to other operators on either a
wet-lease or dry-lease basis. EWA agrees that it shall not dry lease aircraft
to any other entity if the business purpose of the dry lease is to provide
service over EWA routes for current EWA customers. The preceding sentence shall
not be applicable to B-727 flying conducted by Ryan International Airlines
pursuant to Article 1.C.4.a, below.
4. The
provision of this paragraph C., shall not apply to the following flying:
a.
Flying conducted by
Ryan International Airlines (“Ryan”) using no more than the number of B-727
aircraft presently being operated by Ryan, whether owned by Ryan, by EWA, or by
any company affiliated with EWA. (A list of B-727 aircraft by tail number as
described in this paragraph, that are presently being flown, will be provided
to the Association and included as Appendix C to this Agreement).
b.
Flying conducted by
Express One using no more than the number of B-727 aircraft presently being
operated by Express One, whether owned by Express One, by EWA, or by any
company affiliated with EWA. (A list of B-727 aircraft by tail number as
described in this paragraph, that are presently being flown, will be provided
to the Association and included as Appendix C to this Agreement).
c. Subcontracting
for test marketing new routes or services for up to one (1) year.
d. Subcontracting
of up to a total of two (2) B-747, MD11 or similar type aircraft for up to one
(1) year, or, if the Company can demonstrate that the operation of such
aircraft by EWA would be inefficient or uneconomical, for longer periods.
e. Subcontracting
for the use of feeder aircraft with a gross takeoff weight of less than 100,000
pounds.
f. Subcontracting
in order to protect the Company’s schedule in the event of an act of God or
other circumstance beyond the control of the Company which would otherwise
cause the loss of Company business.
g. Subcontracting
necessary due to the grounding of a substantial number of the Company’s
aircraft by governmental authority, war emergency or events of a similar
nature.
h. Flying performed
by another air carrier pursuant to an interline agreement, a code share
agreement, a marketing alliance, a pro-rate agreement, a blocked-space
agreement or air cargo services agreement, between such air carrier and the
Company.
i. Service
exclusively between international points (with no intermediate U.S.
destination).
5. EWA
will not establish or maintain an alter ego carrier nor will it transfer its
aircraft to another CNF subsidiary for such purpose.
6. EWA
agrees that it shall not furlough or reduce in status any of the Pilots whose
names are listed in Appendix F, nor any of the Pilots whose names are listed in
Appendix G (once they complete their probationary period), for so long as EWW
subcontracts any of its Prime Time lift requirements, except those B-727
airlift operations conducted by Ryan International Airlines pursuant to
paragraph 4.a, above.
7. The
Company shall be excused from compliance with the provisions of Paragraph 6,
above:
a.
In the
event of a circumstance over which the Company does not have control. The term
“circumstance over which the Company does not have control” means act of
nature, labor dispute, grounding of aircraft by a government agency, decrease
in available fuel supply or other suppliers being unable to provide sufficient
fuel or other critical materials for the Company’s operations, revocation of
the Company’s operating certificate(s), war emergency or other events of a
substantively equivalent nature over which the Company does not have control
and which causes the grounding of a substantial number of the Company’s
aircraft.
b. In
the event the Company loses a significant portion of its business (e.g.
Priority Mail contract).
8. In
the event the Company elects to furlough Pilots under paragraphs 7.a or b.,
above, the maximum number of Pilots furloughed shall be the number required to
staff the grounded aircraft and/or lost portion of business. Upon being
recalled from such furlough, the provisions of paragraph 6, above, will again
be applicable to the recalled Pilot.
9. The
provisions of paragraph 6, above, shall not apply in (i) the case of a
Professional Flight Engineer who has failed to qualify for a Pilot position
should he be unable to continue to hold an FE position due to a reduction in
the number of three (3) crewmember aircraft; or (ii) an SO with insufficient
seniority to hold a position following a reduction of three (3) crewmember
aircraft.
The parties agree that any grievance filed by
the Association alleging a violation of Article 1.C.and E. of this Agreement
shall by-pass the initial steps of the grievance process and shall be
submitted, heard and resolved before the System Board of Adjustment. The
Grievance shall be heard no later than thirty (30) days following the
submission to the System Board of Adjustment and decided no later than thirty
(30) days after submission unless the parties agree otherwise in writing.
This
Agreement will be binding upon the parties hereto, their successors,
administrators, executors and assigns. For purposes of this paragraph, a
successor shall be defined as an entity which acquires all or substantially all
of the assets or common stock of the Company through a single transaction or a
series of multi-step transactions that close within a twelve (12) month period.
The
Company shall require that any such successor enter into a written agreement to
be bound by this provision as a condition of any acquisition transaction.
There
shall be no obligation on the part of a successor, which itself is a
certificated air carrier, to operationally merge the Company’s operations into
its own operations and it shall not be deemed a violation of Section C for the
successor to operate the two pre-acquisition carriers as separate airlines.
F. OPERATIONAL MERGER
In the
event of an operational merger between the Company and another air carrier, the
following seniority-integration procedures will apply:
1.
If the
Pilots of both pre-merger carriers are
represented by ALPA, there shall be a seniority integration of the two
crewmember groups in accordance with the Association’s Merger Policy.
2.
If the
Pilots of the two pre-merger carriers are not both represented by ALPA, there
shall be a seniority integration of the two crewmember groups in accordance
with Sections 2, 3, and 13 of the Allegheny-Mohawk Labor Protective Provisions.
3. The
Company or Successor may participate in the
proceeding leading to the integrated seniority list. The integration
shall not require a “systems flush,” upgrade training or transition training of
any Pilot.
4. The
respective collective bargaining agreements shall be merged into one agreement
as a result of negotiations between the Pilot groups and the Company or
Successor. In the event a fully merged agreement is not reached within twelve
(12) months from the date an integrated seniority list has been completed, any
outstanding issues shall be jointly submitted to Interest Arbitrator Robert O.
Harris (or in the event he can not serve for any reason, George Nicolau) for
final decision.
5. The
pre-merger airlines, including aircraft, aircraft orders and options to
purchase aircraft, shall remain separate for all purposes until the integrated
Pilot seniority list and the combined collective bargaining agreement are
accomplished. It shall not be deemed a violation of paragraph C of this Article
for the Company or Successor to maintain and operate the two pre-merger
entities as separate airlines during the period prior to the determination by
the National Mediation Board of any operational merger issues.