ARTICLE 23.††REDUCTION IN FORCE, FURLOUGH AND RECALL

A.††† PERIOD OF FURLOUGH

A furlough may be for a period of up to five (5) years, or a period equal to the Pilotís length of service prior to the furlough, up to a maximum of ten (10) years.

B.††† ORDER OF FURLOUGH

The order of furloughs will be by inverse order of seniority.

C.††† NOTICE OF FURLOUGH

1.†††† When a furlough is scheduled, the Company shall first notify the MEC of the number of Pilots to be furloughed and effective date of the furlough. Thereafter, the Company shall post a notice at all Pilot bases advising of the effective date of the furlough, the anticipated length of the furlough, and the number of Pilots to be furloughed.

2.†††† Notice of furlough shall be by Certified Mail, Return Receipt Requested, overnight mail, hand delivery with personal contact, or telephone call, to the most recent address provided by the Pilot, and shall state the effective date of the furlough.

3.†††† Notice of furlough by personal contact or telephone call shall be confirmed in writing by Certified Mail, Return Receipt Requested, from the Company.

4.†††† A furloughed Pilot will file his current address and telephone number with the Company at the time of furlough.Any change in address or telephone number must be supplied to the Company promptly.

5.†††† A Pilot shall receive not less than two (2) weeks advance notice in writing of any furlough, or pay in lieu thereof; provided that when conditions outside the Companyís control, such as war, foreign invasion, strikes, work stoppages, mandatory and unanticipated grounding of aircraft, official State emergency or Act of God, render such notice impossible, the pay provision shall not apply. Strikes and work stoppages mean strikes and work stoppages against the Company called by any union or unions having agreements with the Company that would physically cripple the Company to the extent that it would be unable to perform its function as a common carrier.

6.†††† The Company may cancel a furlough by notice to the Pilot in writing prior to the effective date of the furlough period.


 

D.††† FURLOUGH BENEFITS

1.†††† Health Plan benefits will be continued for up to sixty (60) days during the furlough period. If after sixty (60) days a Pilot has not been recalled, benefit coverage will cease and the Pilot will receive information about COBRA benefits.

2.†††† When a Pilot is furloughed, he shall receive his accrued vacation pay. The Company will make every effort to insure that expense reimbursement checks will be issued within three (3) weeks from the date the Company receives a Pilotís final expense report.

E.††† RECALL

Recall is subject to the following conditions:

1.†††† Pilots will be recalled in order of system seniority.

2.†††† If a Pilot is recalled, he shall retain his number on the Pilot seniority list and will have his longevity date adjusted to reflect the amount of time served prior to the furlough.

3.†††† A Pilot shall not be considered recalled for pay purposes until he reports for duty in accordance with this Article.

F. †† NOTIFICATION OF RECALL

 

1.†††† Notification of recall will be made by telephone, followed by certified letter to the address on file.

2.†††† A Pilot so notified must respond within seven (7) days of receipt of notice, and must be eligible to return to work within twenty-one (21) days.

3.†††† At the time of recall, the Pilot must present Licenses and Certificates in good standing, including a current first or second class Medical Certificate.

4.†††† A recalled Pilot shall complete a system-wide preference bid upon reporting for service. The Pilot shall be placed either into service, if qualified, or into training if not qualified for his position.

5.†††† When a Pilot is recalled from furlough, he shall be paid in accordance with the appropriate Articles of this Agreement for the status and equipment he was awarded in the system-wide preference bid in Paragraph F.4., (above).


 

G.††† RECALL REFUSAL

 

1.†††† A Pilot rejecting recall from furlough shall notify the Chief Pilot by Certified Mail (Return Receipt Requested), telephone call, facsimile transmission, overnight mail, or hand delivery, within ten (10) calendar days following receipt of notification.

2.†††† A Pilot who fails to notify the Company of his intentions, or who refuses recall within ten (10)calendar days following receipt of recall notice, shall be removed from the recall list and from the Pilot seniority list.

H.††† VOLUNTARY LEAVE IN LIEU OF FURLOUGH

 

In recognition of the seasonal nature of the Companyís business, the Company may offer voluntary leaves in lieu of furlough in order to encourage Pilots throughout the seniority list to accept such leaves. Voluntary leaves in lieu of furlough shall be subject to the following conditions:

1.†††† A Pilot not scheduled for furlough may request a leave of absence until the earlier of; (a) the order of recall to the last furloughed Pilot pursuant to Paragraph 4., (below), or (b) five (5) years.

2.†††† The number of such leaves shall not exceed the number of Pilots to be furloughed and shall be granted in seniority order.

3.†††† A Pilot on such leave will be eligible to return to active service when recall is offered, using his seniority to return in lieu of a furloughed Pilot.

4.†††† A Pilot on such leave during a furlough may defer return to active service during a recall provided there will be Pilots on furlough after the recall.

5.†††† A Pilot returning from such leave shall return to a position that his seniority will hold, in accordance with Article 24, Filling of Vacancies.

6.†††† A Pilot who takes such voluntary leave shall retain and continue to accrue seniority during the period of such leave.Benefit continuation shall be in accordance with Article 13.A.8.

7.†††† A Pilot who takes a voluntary leave in lieu of furlough shall be paid any pay due him at the time he leaves active service under the same terms and conditions as those Pilots furloughed.

 

I.                    Any Pilot recalled from furlough shall be guaranteed a minimum of sixty (60) days employment or sixty (60) days pay and credit in lieu thereof.