ARTICLE 22. SENIORITY

A. GENERAL

1. Seniority of a Pilot shall begin on his date of hire, which is defined as his first day of training.

2. When two (2) or more Pilots are employed on the same date, the relative seniority of the Pilots shall be determined by chronological age, the oldest Pilot shall be placed on the seniority list first. When two or more Pilots are employed on the same date and have the same birth date, their relative seniority position shall be determined by the last four digits of the individuals Social Security number, the lower number being the more senior.

3. A Pilot’s relative seniority shall never change, except as otherwise provided in this Agreement.

4. In case of Medical Leave of Absence, the Pilot retains rights to his seniority for up to five (5) years, or, age sixty-five (65), whichever is earlier.

5. Seniority shall govern all Pilots in case of promotion and demotion, their retention in case of reduction in force, their assignment or reassignment due to expansion or reduction in schedules, their reemployment after release due to reduction in schedules, their reemployment after release due to reduction in force, and their choice of vacancies. This paragraph does not apply to promotions or demotions to or from Company Management positions.

6. A Pilot shall forfeit all employment and seniority rights as a Pilot under the following conditions:

a. He resigns or retires (except for Medical Leave of Absence);

b. He is terminated for just cause;

c. He declines recall or fails to notify the Company of his intent to return to service from furlough;

d. He is on furlough for more than five years;

e. He fails to return to work at the expiration of a leave of absence or extensions as permitted in Article 13. A., of this Agreement.

B. The Emery Worldwide Airlines Pilots’ System Seniority List shall be the seniority list published by the Company on the ratification of this Agreement, and that list may be modified in accordance with the provisions of this Article. This seniority list is attached hereto as Appendix H.

1. The Company shall update the seniority list semi-annually, beginning January 31^st each year, and shall post the list within ten (10) days. Any changes from the preceding list shall be noted.

2. Each Pilot shall be given, in his Dayton mail box, one (1) copy of the updated seniority list showing numerical and alphabetical orders within ten (10) days of posting.

C. PROTEST ON SENIORITY

1. All Pilots, including management Pilots, shall be listed on the Emery Worldwide Airlines Pilots’ System Seniority List.

2. A Pilot shall have a period of thirty (30) days after the posting of the seniority list to protest to the Chief Pilot any omission or incorrect posting affecting his seniority.

3. Pilots on vacation, leave of absence or furlough shall be permitted thirty (30) days after return to duty to make any protest affecting his seniority.

4. Unresolved protest may be filed as a grievance pursuant to Article 20 Grievance Procedure.

D. PERIOD OF PROBATION

1. Each Pilot shall be on probation for three hundred and sixty five (365) days from the date of hire.