ARTICLE 24.FILLING OF VACANCIES

 

A.††† OPENING OF PILOT BASES:

 

Prior to any base opening, the Company shall notify the M.E.C.

B.††† QUALIFICATION FOR AWARDING OF VACANCIES

 

1.†††† Prior to being awarded a Captain position, a Pilot must possess a current FAA medical certificate for that crew position, as provided in Article 15.A., and an Airline Transport Pilot Certificate or FAA certification of successful completion of the Airline Transport Pilot written examination.

 

2.†††† Prior to being awarded a First Officer position, a Pilot must possess a current FAA medical certificate for that crew position, as provided in Article 15.A., and at least a Commercial Pilot Certificate (Airplane Multi‑Engine Land with an Instrument Rating).

 

3.†††† Prior to being awarded a PFE/Second Officer crew position, a Pilot must possess a current FAA medical certificate for that crew position, as provided in Article 15.A., and a Flight Engineer (Turbo‑Jet) Certificate, or FAA certification of successful completion of the Flight Engineer (Basic and Turbo‑Jet) written examination. Prior to being awarded a PFE crew position a Pilot must possess a current A&P Mechanic certificate.

 

4.†††† If a Pilot receives an award but does not possess the requisite certifications as described in Article 24, Paragraph B.1.2.3. (above), he may be removed from that award and, if removed, shall remain in his current crew position. A crew position which becomes vacant as a result of application of this paragraph shall be addressed as provided in Article 24. Paragraph D.

 

5.†††† A Pilot who has a legal restriction that prohibits him from flying in his current crew position shall be accommodated in another crew position, if any, from which he is not legally restricted consistent with his seniority and standing bid.

 

C.††† CREW POSITION POSTINGS

 

1.†††† Notification of posting for crew position vacancies and crew positions in excess shall be communicated to Pilots through appropriate Flight Crew Memo, posted at the Dayton Hub, via voice mail, and other designated Company systems. Voice mail and other designated Company systems will be used for postings at any base with any crews not transiting the Dayton Hub.

 

2.†††† Postings shall contain the following information:

 

a.†††† Number of crew positions to be awarded.

 

b.†††† Type of crew position:

 

i.††††† Primary permanent vacancy

 

ii.†††† Temporary vacancy

 

iii.††† Position(s) in excess

 

c.†††† Dates and times on which the posting opens and closes.

 

d.†††† Information as to when training related to that posting is projected to begin.

 

e.†††† Additional information, as appropriate.

 

3.†††† When crew position excesses are declared, they shall be posted in the same manner as crew position vacancies.

 

4.†††† Each posting shall be published and remain available for bidding for the following minimum time periods:

 

a.†††† Twenty-one (21) days for permanent vacancies.

 

b.†††† Ten (10) days for temporary vacancies.

 

c.†††† A posting may not be amended after it is published. The Company may cancel a posting at any time.

 

5.†††† Posting of New Hire Crew Positions

During his initial new hire training, each Pilot shall be presented with appropriate information regarding crew position vacancies available for bid. A new hire Pilot's initial crew position shall be determined by his standing bid and seniority.

 

D.††† FILLING OF VACANCIES

 

In the event the Company establishes new positions through the opening of a new base or the expansion of flying at an existing base, or, in the event a vacancy occurs because of the movement of the Pilot holding that position to another position or through attrition, that vacancy shall be filled in accordance with this Article. The involuntary displacement of Pilots caused by excesses due to the reduction or movement of flying shall also be governed by this Article. Pilot positions shall be classified as Permanent Positions, Temporary Positions and New Hire Positions. If the position is to be filled because another Pilot has voluntarily vacated that position as the result of a bid award, the vacancy shall be considered to be a secondary vacancy. All other vacancies shall be considered to be primary vacancies.

 

1.†††† Permanent Positions:

 

a.†††† Permanent Positions are determined by the flying requirements of the Company in accordance with this Agreement.

 

b.†††† Permanent Positions shall be those anticipated to exist for more than three (3) bid periods after the vacancy is filled.

 

c.†††† Permanent Position Vacancies shall be posted and awarded or assigned in accordance with the provisions of this Article, except as otherwise provided in this Agreement.

 

d.†††† A Pilot awarded or assigned a new position shall not relinquish his current crew position until he has been activated into his new crew position.

 

2.†††† Temporary Positions:

 

a.†††† Temporary Positions shall be those anticipated to exist for three (3) or fewer bid periods after the vacancy is filled. A temporary vacancy shall begin and end concurrent with a bid period.

 

b.†††† At the discretion of the Company, temporary vacancies shall be posted to Pilots in the status for which the vacancy exists.

 

c.†††† Such assignments shall be awarded to the most senior Pilot. If no Pilot bids the vacancy, the Company may assign a Pilot in inverse order of seniority.

 

d.†††† In the event a Lineholder bids and is awarded a temporary vacancy he shall be provided transportation from his base to the assignment prior to the activation date and return transportation upon the termination of the temporary vacancy.

 

3.†††† New Hire Positions:

 

a.†††† New Hire Positions are vacancies not filled by the existing Pilot complement for which the Company has employed additional Pilots in order to staff such positions.

 

b.†††† If the Company hires fewer Pilots than the number of unfilled vacancies available to be filled by new hires, the Company may designate the crew positions to be made available for bidding by only the affected new hire Pilots.

 

c.†††† If the Company subsequently hires additional Pilots to fill new hire crew positions remaining unfilled from a posting, the remaining unfilled crew positions shall first be available for award to the Pilots previously hired to fill positions from that posting based upon their seniority and initial standing bid; provided that this paragraph shall not permit a new hire Pilot to change his initial crew position.

 

d.†††† A new hire Pilot will not be entitled to a relocation package for his initial assignment.

 

4.†††† Standing Bid:

 

a.†††† Each Pilot shall maintain a Standing Bid on file with the Company reflecting his current crew position preferences which shall remain effective until he submits an updated Standing Bid. A Standing Bid file will be maintained by the Director of Crew Scheduling and will be available for inspection by any Pilot during normal business hours.

 

b.†††† A Pilot may update his Standing Bid at any time. The Standing Bid format shall:

 

i.††††† contain a listing of permanentvacancies for which he wishes to bid;

 

ii.†††† provide a method for percentage bidding for permanent vacancies.

 

c.†††† Changes to Standing Bids shall be submitted through the agreed upon submission process.

 

d.†††† A Pilot may change his standing bid prior to the closing time of the Posting, provided the changed Standing Bid is received by the Director of Crew Scheduling or his designee prior to such closing time.

 

5.†††† Awarding of Vacancies

Except as otherwise provided for in this Agreement, vacancies will be awarded as follows:

 

a.†††† Permanent vacancies, whether primary or secondary, will be awarded to the senior qualified Pilot based on the preferences indicated on the Standing Bids on file. Temporary vacancies shall be awarded in order of seniority to Pilots who:

 

i.††††† Are currently qualified in, and currently hold a permanent position in the crew position in which the temporary vacancy exists at a base(s) specified by the Company as provided in Article 24.D.2.b.(Temporary Positions); and

 

ii.†††† Have requested that temporary position on their Standing Bid.

 

b.†††† Primary crew position vacancies or excesses shown on a posting are deemed to have been awarded at the time the posting closes.

 

c.         If a posting contains both primary vacancies and crew positions in excess of primary vacancies, bids to relieve an excess shall be awarded prior to assignment of crew positions to Pilots who are involuntarily excessed.

 

d.†††† If no bids are on file indicating preferences for a permanent vacancy, the Company will assign the junior qualified Pilot to fill the vacancy. If a temporary vacancy remains following the award process, the most junior Pilot may be assigned that vacancy in inverse order of system seniority.A Pilot may not be assigned to a temporary vacancy in accordance with this paragraph for longer than three (3) bid periods, nor more than once in any period of thirteen (13) consecutive bid periods until all more senior Pilots in his crew position have been inversely assigned to those temporary vacancies.

 

e.†††† Within ten (10) calendar days following the closing of a posting, the Company shall communicate the following to Pilots through a crew memo:

 

i.††††† Names and seniority numbers of Pilots receiving an award assignment and crew position awarded or assigned;

 

ii.†††† Type(s) of crew position award(s)/assignment(s):

(1)†† Primary permanent vacancy

(2)†† Secondary permanent vacancy

(3)†† Temporary vacancy

(4)†† Excess

 

iii.††† Projected training dates;

 

iv.††† Projected activation dates.

 

f.††††† The Company may elect to fill a secondary permanent vacancy on the same award that fills the primary vacancy, provided there is at least one (1) Pilot with a preference in his standing bid for that secondary vacancy. In the event there are no preferences on file, however, no Pilot may be assigned involuntarily to fill a secondary vacancy unless the secondary vacancy is first posted and made available for bidding in accordance with this Article.

 

g.†††† A Pilot may be released from a vacancy bid award only in extenuating circumstances at the discretion of the Director of Flight Operations.

 

h.†††† A temporary vacancy may not be awarded or assigned to a Pilot who is scheduled or anticipated to be unavailable, (e.g. on vacation, training, sick leave, leave of absence) during the bid period in which the temporary vacancy exists.

 

i.††††† A temporary vacancy shall be awarded or assigned prior to publication of the bid period packages for the bid period in which the temporary vacancy exists.

 

j.††††† An award/assignment of a temporary vacancy shall not result in a permanent crew position change. Upon completion of a temporary award or assignment, a Pilot shall return to his permanent crew position.

 

E.††† PASSOVER PAY

 

1.†††† A senior Pilot may receive passover pay in the event a junior Pilot is trained or activated out of seniority order. Such pay will be due for the senior Pilot only as specifically provided in this Article and only if a Pilot junior to him commences to receive pay at the higher rate ahead of the senior Pilot. To be eligible for passover pay, the training and activation of both the senior Pilot and a junior Pilot must be the result of a single bid award, except as provided in Paragraph I Cancellation of Awards, (below).A senior Pilot will not be entitled to passover pay if the reason for the delay in his training or activation is due to delays caused by the Pilot or because the Pilot requires extra or additional training in order to qualify.

 

2.†††† In the event of upgrade or transition training, passover pay is only due commencing on the date when the junior Pilot begins being paid at a rate higher than the senior Pilot.

 

3.†††† Upgrade or transition passover pay for a senior Pilot shall cease when the Pilot is activated into the higher paying crew position or in the event the senior Pilot withdraws from training for his new crew position, or training is terminated due to failure to qualify. Passover pay shall also cease for a senior Pilot if he bids and is awarded a third position while receiving passover pay. In such case the pay shall terminate on the Pilotís activation date for his new position. Passover pay shall also cease for a senior Pilot in the event he and the junior Pilot are both displaced into a lower paying position or if the junior Pilot is displaced and the senior Pilotís awarded position is eliminated.

 

4.†††† Except in the case of a Pilot bypassed for transition or upgrade training because of reaching age fifty-eight (58), the payment of passover pay shall not relieve the Company of the obligation to train and activate the senior Pilot in his new position in accordance with the applicable provisions of this Agreement.

 

5.†††† In the event of training due to displacement, passover pay is only due commencing on the date when the senior Pilot would otherwise begin being paid at a rate lower than the junior Pilot. Such pay shall cease on the date the junior Pilot begins receiving the lower rate of pay.

 

6.†††† Passover pay will be paid as part of the Pilotís regular paycheck by paying the senior Pilot for his actual pay and credit hours but at the higher rate.

 

7.†††† No Pilot will be entitled to passover pay as a result of out-of-seniority training or activation which occurs prior to the effective date of this Agreement. A Pilot shall not be entitled to passover pay as the result of the Pilot being unable to successfully upgrade or complete training.

 

8.†††† In addition to any other provision of Article 24.E, to be eligible to receive passover pay a senior Pilot must be qualified (pursuant to Article 24.B and Article 11 of this Agreement) for the position establishing his eligibility for passover pay. In addition to any other provision of Article 24.E, a senior Pilotís eligibility to receive passover pay shall terminate upon the circumstances set forth in Article 24.I.2.b.

 

F.††† TRAINING/ACTIVATION PROCEDURES

 

1.†††† Except as provide in Article 24.F.2, F.3. and F.4. (below), required training for a crew position shall be scheduled by system seniority, senior first, for that crew position. Pilots shall receive their new rate of pay at the completion of simulator training.

 

2.†††† Pilots involuntarily excessed from a crew status shall be scheduled for training in inverse seniority. Application of this paragraph shall not trigger passover pay for the involuntarily excessed Pilots.

 

3.†††† A Pilot shall not begin training for an awarded or assigned crew position earlier than seven (7) days following the notice of bid award or assignment except by mutual agreement between the Company and the Pilot. Passover pay will not apply.

 

4.†††† If a training date for a crew position becomes available, that date shall be offered in seniority order to Pilots on that same bid award holding subsequent training dates for that crew position. Passover pay will not apply.

 

5.†††† A Pilot awarded training as the result of a bid award may exchange training dates for a crew position with another Pilot awarded training on that same bid award, provided the trade is approved by flight management and provided that if the trade results in a junior Pilot being trained before a senior Pilot, the senior Pilot waives any passover pay to which he would otherwise be entitled.

 

6.†††† Once a Pilot commences initial, transition, or upgrade (ITU) training, he may not perform flight duties in his current crew position except as follows:

 

a.†††† He is returned to his current crew position due to withdrawal from training or as a result of a training failure; or

 

b.†††† His illness, injury, or other absence(s) caused an unscheduled interruption to his training which then results in a decision to return him to his current crew position; or

 

c.†††† Whenever unscheduled training interruptions are caused by natural disasters, emergencies, prolonged mechanical malfunctions, or extended periods of unavailability of training equipment anticipated to last in excess of twenty‑one (21) days.

 

G.††† DISPLACEMENTS

 

A Pilot who is displaced from his position shall have displacement rights as follows:

 

1.†††† When crew complements are to be reduced, the Pilot(s) shall be notified by the Company as far in advance as possible, in the manner provided in Article 24. Paragraph C.1., (above).

 

2.†††† Pilots shall be excessed from crew positions in seniority order from among those Pilots who bid to relieve that excess. If an insufficient number of Pilots bid to relieve a crew position posted as excess, Pilots shall be excessed from that crew position in inverse seniority order. Except as provided in Article 24. Paragraph G.4., (below), a Pilot who has been excessed, or who has bid to relieve an excess, shall be awarded another permanent crew position in accordance with his seniority and Standing Bid.

 

3.†††† A displaced Pilot shall be permitted to exercise his system seniority in the following manner:

 

a.†††† A displaced Pilot must displace a more junior Pilot.

 

b.†††† A Pilot shall assume the same position as that held by the Pilot whom he displaces.

 

c.†††† In the event of displacement, temporary bid holders or assignees will be displaced from their temporary positions prior to permanent position holders at that base, irrespective of their seniority.

 

d.†††† If an excessed Pilot cannot be awarded a crew position due to insufficient preference on his standing bid, the Company shall assign him to a permanent crew position with a base in the United States with the highest pay rate to which he is entitled by his seniority.

 

e.†††† If an excess Pilot is awarded or assigned a crew position that creates a secondary excess, the secondary excess will be relieved as provided in Paragraphs G.1. and G.2. (above), or as provided in Article 23. Furlough of this Agreement.

 

4.†††† If, in accordance with other provisions of this Agreement, a Pilot is released or is removed from a permanent award/assignment or temporary award/ assignment prior to his activation in that crew position, the resulting vacancy shall be handled as follows:

 

a.†††† The Company may leave that vacancy unfilled; or

 

b.†††† The Company may post that vacancy for bidding on a subsequent posting; or

 

c.†††† That vacancy may be awarded to the next most Senior Pilot indicating a preference for that crew position ††††††††††† on his Standing Bid as of the closing date of the original crew position posting. A Pilot may decline that award if fewer than seven (7) days exist prior to the training commencement date for that position. If a Pilot declines the award, the Company may offer the vacancy to the †††††††† next most senior Pilot indicating a preference for that crew position on his Standing Bid as of the closing date of the original crew position posting. Application of this paragraph shall not result in the payment of passover pay to any Pilot.

 

5.†††† A Pilot released from his award as described in Article 24. Paragraph G.4., (above), shall remain in his current crew position.

 

6.†††† A Pilot who has a legal restriction that prohibits him from flying in his current crew position, shall be †††† accommodated in another crew position, if any, from which he is not legally restricted consistent with his seniority and standing bid.

 

H.††† FREEZES AND OTHER BIDDING RESTRICTIONS

 

1.†††† Down/Lateral Bid Freezes and Restrictions:

 

a.†††† Down/Lateral Bid:

A down/lateral bid is an award of a different status or equipment that is compensated at an hourly rate less than, or equal to, the hourly rate for the Pilotís current status or equipment.

 

b.†††† Down/Lateral Bid Restriction:

Unless waived by the Director of Flight Operations, or hisdesignee, a Pilot may not receive a permanent vacancy award based on a down/lateral bid unless he has been in his current status or equipment for at least twenty-four (24) months.

 

c.†††† Down/Lateral Bid Freeze:

A Pilot who is activated in a status or equipment that requires Initial, Transition, Upgrade (ITU) training based on a down/lateral bid shall be frozen in that crew status or equipment for twenty-four (24) months, commencing on his actual activation day. A Pilot is not eligible for a permanent crew position award requiring ITU training with a projected training date during that freeze period, except under the following conditions:

 

i.††††† The Pilot was excessed or down/lateral bid to relieve an excess; or

 

ii.†††† The Pilot down bids because of legal restrictions (e.g. medical, age).

 

d.†††† Administration of Down/Lateral Bid Restrictions and Freezes Notwithstanding the provisions of Article 24. Paragraph H.1.b. and c. (above):

 

i.††††† A Pilot subject to a down/lateral bid freeze or restriction is eligible for an award or assignment of his crew position at another base.

 

ii.†††† A Pilot who down bids in his aircraft to a lower crew status is eligible for an award of a crew position in a higher crew status in the same aircraft type during the time of his freeze.

 

iii.††† A Pilot who is subject to a down/lateral bid restriction or a crew position freeze in accordance with the provisions of this Article shall be released from that restriction or freeze if he is involuntarily excessed from that status or equipment or furloughed or can no longer hold that crew position due to legal restrictions.

 

iv.††† A Pilot who is subject to a crew position freeze pursuant to provisions of this Article may receive a bid award and be assigned a projected training date subsequent to the projected training date he otherwise would have been assigned in accordance with Article 24.H., provided the assigned training date is beyond the freeze period. A Pilot so assigned shall not be eligible for passover pay due to postponement of his training in accordance with this paragraph.

 

v.†††† A Pilot who is subject to a crew position freeze in accordance with this Article may be assigned or awarded another crew position that he is otherwise ineligible to hold due to the freeze, only if that other crew position is the only available crew position the Pilot could legally hold.

 

2.†††† Bidding Restrictions on Subsequent Postings

 

††††††† Once a Pilot commences ITU training, he shall not be awarded another crew position if that second crew position was available for bid by the Pilot on the posting containing the crew position for which he presently is in training or on a subsequent posting that closed prior to the start of his training.This restriction shall continue in effect until the Pilot completes his training and any applicable freeze expires.

 

3.†††† Upgrade/Transition Passover

 

††††††† At the Companyís option, a Pilot who is fifty-eight (58) years old or older may be passed over for an upgrade/transition bid. That Pilot shall be compensated at the appropriate seniority level of the equipment type that he would have been upgraded/transitioned to, commencing upon the completion of simulator training by the first Pilot junior to him in seniority in that equipment type who upgraded/transitioned pursuant to the same (or a subsequent) bid.

 

I.††††† CANCELLATION OF AWARDS

 

1.†††† In the event the Company cancels an award/assignment less than thirty (30) days prior to the Pilotís scheduled training date, the Pilot may select his days off prorated for the days remaining in the current bid period.A Pilot whose award/assignment is canceled may either remain in his current crew position or exercise his seniority for an award or a vacancy posting that occurred between the date his crew position was awarded and the date it was cancelled. He shall be eligible to receive passover pay if:

 

a.†††† A junior Pilot is activated in a crew position pursuant to the same or any subsequent posting and the rate of pay for that crew position is higher than the rate of pay for the current crew position of the Pilot whose award has been cancelled; and

b.†††† The standing bid of the Pilot whose award has been cancelled included the crew position in which the junior Pilot has been activated as a preference higher than his current crew position.

 

2.†††† A Pilotís entitlement to passover pay pursuant to this provision shall continue until the earlier of:

 

a.†††† The affected Pilotís subsequent activation in a crew position with a rate of pay equal to or higher than his passover rate of pay; or

 

b.†††† The closing date of a subsequent posting meeting the following criteria:

 

i.††††† The posting contains a permanent vacancy in a crew position with a rate of pay equal to or higher than his passover rate of pay; and

 

ii.†††† The Pilot did not have that crew position on his standing bid; and

 

iii.††† The Pilot would have been awarded that crew position had he included that crew position on his standing bid.