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 permanent vacancies 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.
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 Pilot’s 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 Pilot’s 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 Pilot’s 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
Pilot’s eligibility to receive passover pay shall terminate upon the
circumstances set forth in Article 24.I.2.b.
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
Pilot’s current status or equipment.
b. Down/Lateral
Bid Restriction:
Unless waived by the Director of Flight Operations, or his designee, 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 Company’s 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 Pilot’s 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
Pilot’s entitlement to passover pay pursuant to this provision shall continue
until the earlier of:
a. The
affected Pilot’s 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.