Article 25.Scheduling

 

A.††† General

 

1.†††† This Article sets forth the domestic and international scheduling procedures to be used by the Company and its Pilots. Unless specifically restricted by Federal Aviation Regulations, all flights operated by Pilots on the Emery Worldwide Airlines System Seniority List will be scheduled and flown in accordance with this Article and other applicable provisions of the Agreement.

 

2.†††† Any temporary waiver or modification of any provision of this Article in order to accommodate unforeseen scheduling contingencies shall be made only by agreement between the Company and the Master Executive Council. Such agreement shall be in writing, or, if done by phone, shall be promptly confirmed in writing by the party requesting the waiver.

 

3.†††† The Parties to this Agreement expect all communications between scheduling personnel and Pilots to be conducted in a manner consistent with mutual respect and professionalism.

 

B.††† Eligibility to Bid for Lines of Time

 

1.†††† All eligible Pilots will bid for lines of time in their base unless:

 

a.†††† The Pilot is scheduled to be in training (including IOE) for more than half the bid period.

 

b.†††† The Pilot is projected to be on sick leave, leave of absence, non-flying Company duties or otherwise unavailable for more than half the bid period. This provision shall not apply to Pilots on vacation.

 

2.†††† In the event a Pilot is restricted from bidding in accordance with this provision, the Company may assign the Pilot to reserve or standby duty. In such event, the Company shall designate the Pilotís days off (in blocks of at least three (3) days) for the portion of the bid period he is available. The number of days off shall be not less than the minimum number of days off per bid period pro-rated according to the number of days the Pilot was unavailable (e.g. if the Pilot is absent for 14 days, he shall receive at least half the minimum days off for the bid period).

 

C.††† Bid Line Construction

 

1.†††† Bid Periods

 

There shall be thirteen (13) bid periods per year, each consisting of twenty-eight (28) days.When necessary, (approximately every five (5) years) an extra week shall be added to Bid Period one (BP1) to allow the start of the succeeding yearís Bid Periods to begin as close to January 1 as possible.When it becomes necessary to add the extra week to Bid Period one (BP1), notification of this extension shall be made by the Company to Pilots at least ninety (90) days prior to Bid Period one (BP1).Scheduled workdays, scheduled days off, and, guarantee for that Bid Period shall increase proportionately; for example, if a normal four (4) week bid period provides for twelve (12) days off, then the extended five (5) week bid period would provide for fifteen (15) days off.

 

 

2.†††† Overall Bid Line Criteria

 

a.†††† All lines of time shall be constructed in accordance with the provisions of this Agreement.To the extent possible, all known flying at the time of schedule preparation shall be shown in regular lines of time. Flying that will not fit into regular lines or mixed lines of time shall be placed into open flying. Flying that is not known at the time of Bid Line Schedule preparation shall be addressed in the Open Flying provisions of this Article.

 

b.†††† The Company shall provide the Scheduling Committee with a proposed Bid Line Schedule for a bid period no later than the first business day of the preceding bid period.The Scheduling Committee shall provide the Company with a single point of contact for all Scheduling Committee communications.The Scheduling Committee may recommend changes within three (3) days of receipt of the proposed schedule; however, in no case will the review process be allowed to hinder the distribution timetable for the bid packages to the Pilots.The Company shall consider changes recommended by the Scheduling Committee. If the proposed changes can be implemented without increasing costs or reducing the efficiency of operations, then approval shall not be unreasonably withheld.

 

c.†††† Consecutive duty periods within bid lines shall fall within similar time periods unless there is a minimum of seventy-two (72) hours free of duty between the consecutive duty periods. For purposes of this provision, a similar time period shall mean that consecutive duty periods shall be scheduled during daytime (i.e. PMPC) or nighttime (i.e. Primetime) consistent with the first duty period in a trip sequence. Deadheading will be scheduled in the same manner as other duty periods. To the extent possible, known charter trips will be scheduled for daytime or nighttime operations.

 

d.†††† Lines of time may contain domestic, North American and other international trips. Individual trips, however, will be constructed to avoid the mixing of domestic and North American pairings with those to and within other international locations, except that one (1) domestic leg before and/or after an international flight segment shall be permitted.

 

e.†††† Lines of time shall be constructed to provide schedules containing consecutive workdays and consecutive days off.

 

f.††††† Lines of time shall be constructed so as to begin and end days off at the line holderís base.

 

g.†††† Known charter flying shall be placed into lines in the following order of priority:

 

i.††††† Into a regular line if the trip will satisfy all the requirements set forth in paragraph 3, Regular Lines of Time, (below).

 

ii.†††† Into a mixed line if the trip will satisfy the requirements set forth in Paragraph, 5, (below).

 

iii.††† Into a regular line without the requirement that the trip contain a minimum of three (3) consecutive duty days Paragraph 3.e., (below), or a minimum of three (3) open days between consecutive trips Paragraph 3.d., (below), provided the other requirements of Paragraph 3 are met.

 

iv.††† Into open flying if the trip will satisfy all the requirements set forth in Article 25, Paragraph G, Open Flying, (below).

 

h.†††† Pilots who are scheduled for less than twelve (12) days off in Bid Period Thirteen (BP13) will be credited additional compensation as defined in Article 4, Minimum Pay Guarantees.

 

3.†††† Regular Lines of Time

 

a.†††† Regular lines of time shall be constructed so as to minimize disparities in pay and credit hours between lines.

 

b.†††† Regular lines of time shall be constructed to include a minimum of 12 days off each bid period, except Bid Period Thirteen (BP13). Bid Period Thirteen (BP13) shall contain a minimum of nine (9) calendar days off for each regular line of time. Pilots who are scheduled for less than twelve (12) days off in Bid Period Thirteen (BP13) will be credited additional compensation as defined in Article 4, Minimum Pay Guarantees.

 

c.†††† Regular lines of time shall be constructed to include one of the following combinations of days off within the bid period:

 

i.††††† Two (2) blocks of at least six (6) consecutive days off each.

 

ii.†††† One (1) block of at least eight (8) consecutive days off and one (1) of at least four (4) consecutive days off.

 

iii.††† One (1) block of at least seven (7) consecutive days off and one (1) block of at least five (5) consecutive days off.

 

 

 

iv.††† Fifty (50) percent may contain the following combinations provided the line contains not more than two (2) commutes:

 

(1)†† Two (2) blocks of at least three (3) consecutive days off each and one (1) block of at least six (6) consecutive days off.

 

(2)†† One (1) block of at least six (6) consecutive days off, one (1) block of at least four (4) consecutive days off, and one (1) block of at least two (2) consecutive days off.

 

v.†††† Two (2) blocks of five (5) consecutive days off, provided the line contains not less than fourteen (14) days off in total.

 

vi.††† For trips between destinations that require restrictive rest requirements to comply with FAR restrictions (e.g. trips with destinations in the Pacific Time zone), one block of at least nine (9) consecutive days off and one (1) of at least three (3) consecutive days off.

 

vii.†† Blocks of days off may be combined.

 

d.†††† When consecutive trips in a regular line within the same bid period are separated by days off or open days, such days must be scheduled in blocks of not less than three (3). This provision shall not apply for trips between destinations that require restrictive rest requirements to comply with FAR restrictions (e.g. trips with destinations in the Pacific Time zone). Up to fifteen percent (15%), rounded up to the nearest whole number, of Regular lines in each domicile need not comply with this provision.

 

e.†††† Regular lines of time shall be constructed to contain trips or consecutive duty days consisting of at least three (3) and not more than eight (8) duty days for Prime Time and PMPC trips, or, seven (7) duty days for all other trips. The three (3) day minimum shall not apply to trips between destinations that require restrictive rest requirements to comply with FAR restrictions (e.g. trips with destinations in the Pacific Time zone). Up to ten percent (10%), rounded up to the nearest whole number, of Regular lines in each domicile need not comply with this provision.

 

f.††††† Up to twenty-five (25) percent of the Regular Lines of Time may include standby assignments on either Saturday or Sunday during a layover on a Prime Time or PMPC trip (not at the Pilotís base). The Company will designate in the bid package which of the regular lines are likely to have standby assignments under this provision. Other regular lines during the bid period may have Standby assignments, when operationally necessary, but will not exceed the twenty-five (25) percent maximum, above. In the case of Standby assignments to lines which were not so designated, the affected Pilots will be compensated as provided in Article 4, Minimum Pay Guarantees. The limitations above shall not apply to Bid Period Thirteen (BP13).

 

g.†††† Except as otherwise provided in this Agreement days off shall not be changed or altered by the Company after being posted for bid.

 

4.†††† Reserve and Standby Lines

 

a.†††† Sufficient reserves will be maintained to cover all reasonably foreseeable contingencies (e.g. sick and other short term leaves of absence, uncovered open time, weather contingencies, crew legality contingencies). At any base with at least ten (10) or more regular lines of time, reserve and/or standby lines will be constructed and posted for bid by pilots at that base. For bases with fewer than ten (10) regular lines, the Company may construct regional reserve and/or standby lines to meet reserve requirements at several bases within a geographic region (e.g. West Coast).

 

b.†††† Reserve and Standby lines of time shall be constructed to include a minimum of twelve (12) days off each bid period, except Bid Period Thirteen (BP13). Bid Period Thirteen (BP13) Reserve and Standby lines may contain as few as nine (9) days off.Pilots who are scheduled for less than twelve (12) days off in Bid Period Thirteen (BP13) will be credited additional compensation as defined in Article 4, Minimum Pay Guarantees.

 

c.†††† Days off for Reserve and Standby lines shall be arranged in each bid period to provide a maximum of three (3) blocks of calendar days off with a minimum of three (3) days off in a block, except Bid Period Thirteen (BP13). The Company will make reasonable efforts to return as many Pilots as possible to their domiciles on or before Christmas Day. Blocks of days off may be combined.Reserve and Standby lines of time shall be constructed to contain consecutive reserve or standby days consisting of at least three (3) and not more than seven (7) days. In the event that a Pilotís line contains one or more seven (7) consecutive day reserve or standby periods, a twenty-four (24) hour duty free period will be designated prior to the first day of each seven (7) consecutive day period.

 

d.†††† Standby lines shall be constructed to contain only nighttime (0001Z to 1200Z) or only daytime (1401Zto 0200Z) standby availability.During Daylight Savings Time, standby lines shall be constructed to contain only nighttime (0101Z to 1300Z) or only daytime (1501Z to 0300Z) standby availability.

 

e.†††† Reserve lines shall not be constructed to incorporate standby periods. Standby lines shall not be constructed to incorporate reserve days.

 

f.††††† Except as otherwise provided in this Agreement, days off shall not be changed or altered by the Company after being posted for bid.

 

5.†††† Mixed Lines

 

a.†††† The Company may construct mixed lines of time. Mixed lines may consist of availability for vacation, training, bid carry over conflicts, other known absence time to be dropped by regular line holders, known time that could not be placed into regular lines, and reserve or standby days. The number of mixed lines at a base shall be no more than fifteen (15) percent of the regular lines (rounded up to the nearest whole number).

 

b.†††† If mixed lines of time are constructed they shall include a minimum of twelve (12) days off each bid period, except Bid Period Thirteen (BP13). Bid Period Thirteen (BP13) mixed lines may contain as few as nine (9) days off. Pilots who are scheduled for less than twelve (12) days off in Bid Period Thirteen (BP13) will be credited additional compensation as defined in Article 3, Compensation.

 

c.†††† Mixed lines of time shall be constructed to include one of the following combinations of days off within the bid period:

 

i.††††† Two (2) blocks of at least six (6) consecutive days off each.

 

ii.†††† One block of at least eight (8) consecutive days off and one (1) of at least four (4) consecutive days off.

 

iii.††† One (1) block of at least seven (7) consecutive days off and one (1) block of at least five (5) consecutive days off.

 

iv.††† Fifty (50) percent may contain the following combinations providing the line does not include more than two (2) commutes:

 

(1)†† Two (2) blocks of at least three (3) consecutive days off each and one (1) block of at least six (6) consecutive days off.

 

(2)†† One (1) block of at least six (6) consecutive days off, one (1) block of at least four (4) consecutive days off, and one (1) block of at least two (2) consecutive days off.

 

(3)†† Two (2) blocks of five (5) consecutive days off provided the line contains not less than fourteen (14) days off.

 

v.†††† For trips between destinations that require restrictive rest requirements to comply with FAR restrictions (e.g. trips with destinations in the Pacific Time zone), one block of at least nine (9) consecutive days off and one of at least three (3) consecutive days off.

 

vi.††† Blocks of days off may be combined.

 

d.†††† Following the bid award, if Mixed Lines are constructed they shall be constructed as provided in Paragraph C.5.c.i-vi. (above).

 

e.†††† Preference sheets for Mixed Line bids indicating days off and other preferences as agreed between the Company and the Scheduling Committee may be submitted with the Pilots bid. Crew Scheduling shall accommodate a Pilotís preference for Mixed Line construction to the degree operationally practical.

 

f.††††† Preference sheets for Mixed Line bids shall be accommodated in order of seniority.

 

g.†††† Pilotís preferences may contain a waiver of the requirements contained in Paragraph C.5.c.i-vi (above).

 

h.†††† Except as otherwise provided in this Agreement, days off shall not be changed or altered by the Company after being awarded.

 

i.††††† Mixed Lines that have been awarded will be constructed and posted no later than 12:00 local Dayton time on the twenty fourth (24th) day of the bid period preceding the upcoming bid period. Posting shall be by voice mail and web site.

 

 

D.††† Bid Package

 

1.†††† Distribution Timetable

 

††††††† Each Pilot shall be provided with a bid package for the next Bid Period no later than the ninth (9th) day of the current Bid Period. The Company shall post the bid package via an electronic medium (web site) mutually agreeable to the Company and the Association.If a Pilot does not use the web site, he shall designate a method for the Company to forward the bid package to him. The options shall be by delivery to the Pilot's mailbox at the HUB, sent via U.S. Mail to an address specified by the Pilot or e-mail transmission to an e-mail address specified by the Pilot.

 

2.†††† Contents of Bid Package

The bid package shall consist of:

 

a.†††† A cover letter of instructions, bid form, and time tables.

 

b.†††† The applicable section of the Bid Period Schedule consistent with the Pilot's current base, equipment and status.

 

c.†††† A base alignment list will be made available on a web site.The list shall reflect the bidding position of the Pilots within the base for the upcoming Bid Period.If the list has changed since the last list was provided, it will be mailed to Pilots not using the web site.

 

d.†††† Known training for the Bid Period.

 

e.†††† Names of persons whose flight physicals will expire during the Bid Period.

 

f.††††† Names of persons who will require line checks, passport renewals, LRN checks.

 

g.†††† Names of persons who will have vacations or other known absences during the Bid Period.

 

h.†††† Other information pertinent to bidding.

 

3.†††† Procedures for Bidding

 

a.†††† A Pilot may submit his bid form in person, via U.S. mail, fax, or any electronic medium agreeable to the Company.Bids received after the specified time are not valid and shall not be considered.The responsibility for the receipt of bids rests solely with the Pilot.Verbal and/or telephone bids shall not be accepted.A Pilot may call for phone confirmation that his bid has been received.

 

b.†††† Each Pilot who is eligible to bid may bid for any line of time applicable to his base, equipment and status.A Pilot is expected to bid sufficient choices consistent with his bid position number.

 

4.†††† Timetable for Bidding

 

All bids must be received no later than 12:00 (noon) local KDAY time on the seventeenth (17th) day of the Bid Period preceding the upcoming Bid Period.

 

5.†††† Error in Bid Package

 

In the event an error or errors are discovered in the bid package prior to bid award, a revised package shall be prepared, reviewed with the Scheduling Committee and distributed, provided there is sufficient time available to complete the award process before the commencement of the bid period. Should there be insufficient time, any erroneous lines will be adjusted after award and the affected Pilots protected against loss of pay, credit or number of days off.

 

E.††† Bid Awards

 

1.†††† All bids will be awarded and posted no later than 1700 local Dayton time on the twentieth (20th) day of the bid period preceding the upcoming bid period. Posting shall be by voice mail and web site.

 

2.†††† Unless otherwise provided by this Agreement, bids will be awarded in order of seniority within each base, status and equipment.

 

3.†††† A Pilot will not be awarded any bid line of time unless he can fly each flight on that bid line of time for the entire bid period except:

 

a.†††† A Pilot who is scheduled for vacation may bid and will be awarded a bid line of time if he can fly any flight on that line of time and could otherwise hold that line of time;

 

b.†††† A Pilot with carry-over from the previous bid period will be awarded a line of time if his seniority will normally allow him to hold a line of time. Carry-over conflict will be resolved in accordance with Paragraph F.1.c. (below);

 

c.†††† A Pilot will not be awarded a Standby Bid Line if he will not be in position and available for each standby period on that line.

 

4.†††† If a Pilot fails to bid, fails to timely bid, or if all his choices have been awarded, he shall be assigned the line with the highest line value remaining not awarded after all other valid bids have been awarded.

 

5.†††† In the event an error or errors are discovered in the bid award prior to commencement of the bid period, a revised award shall be posted, provided there is sufficient time available to complete the award process before the commencement of the bid period. Provided an error is called to the attention of the Company within forty-eight (48) hours after the award (or after construction in the case of Mixed Lines) any affected Pilot will be protected against loss of pay and credit and the erroneous line will be adjusted to protect the days off which should have been awarded. If the error is discovered after forty-eight (48) hours, the Pilot will be protected against loss of pay, credit or number of days off.

 

F.††† Bid Line Adjustments

 

1.†††† Adjustments to Regular Lines

 

a.†††† Rescheduling, rerouting and cancellation of Trips

 

††††††† The Company may reschedule or reroute an awarded trip provided the change does not cause the scheduled return time to be extended for more than two (2) hours. In the event that the scheduled return time is extended for more than two (2) hours, the Pilot shall receive flight pay for all extension time beyond two (2) hours. In the event of a trip cancellation, a Pilot may not be required to accept a substitute trip unless the scheduled duty time and the scheduled return time for that trip are within four (4) hours of the originally scheduled trip. A Pilot may waive any of the limitations contained in this paragraph.

 

b.†††† Operational Delays

 

In the event a Pilot reports for duty but, as the result of a delay caused by weather, air traffic control contingencies, mechanical delays, customer delays, or acts of God, the departure time is delayed or is projected to be delayed by five (5) hours or more, the Pilot may elect to commence crew rest. The Company will minimize schedule disruptions to trips or portions of a trip not directly affected by such contingencies and the Pilot will be returned to his original schedule as soon as practical.

 

c.†††† Bid Period Carry-over Conflict

 

In the event that a Pilotís trip carries over into the following bid period and conflicts with a trip in that bid period, the Pilot shall fly his current bid line to completion. Upon completion of his current bid line, a Pilot will receive the following rest period, as applicable:

 

i.††††† When a Pilot has a carry-over and will be transitioning from night flying (Prime Time) to day flying (PMPC) the Pilot shall have a legal rest period as per Article 12. Paragraph B.5.

 

ii.†††† When a Pilot has a carry-over and will be transitioning from day flying (PMPC) to night flying (Prime Time) the Pilot shall have a minimum of twenty-four (24) hours free of duty prior to the start of the first trip on the new bid period.

 

d.†††† Displacement from Trip

 

In the event that a Pilot is displaced from his trip or portion of a trip, he will receive pay credit for scheduled Block Hours or actual Block Hours, whichever is greater. The Company may assign the Pilot to another trip, or portion of a trip, provided that the assignment is made within one (1) hour from the originally schedule departure time of the cancelled trip and that the new trip departs within two (2) hours of the originally scheduled departure time. The Company will restore a displaced Pilot to his originally awarded trip schedule as soon as practical.

 

e.†††† Vacation Adjustments

 

††††††† If a Pilot has a trip that conflicts with his vacation, the Pilot will have one of three (3) options:

 

i.††††† Drop the entire trip that conflicts with the vacation provided that there is sufficient coverage to permit the drop without interference to Company operations. However, the entire trip may not be dropped if the trip transits the Pilotís base prior to the beginning of the vacation period. In such case, the Pilot will fly the portion of the trip prior to base transit and drop the portion after transit.

 

ii.†††† Drop the portion of the trip that conflicts with the vacation.

 

iii.††† Complete the trip that conflicts and have his vacation dates adjusted by adding the vacation days lost to the vacation period.

 

In the event the Pilot elects to drop all or a portion of the trip, the Company will have no liability for lost compensation.

 

f.††††† Training Adjustments

 

i.††† The Company shall publish a schedule of recurrent training to be conducted during each bid period. This schedule will be distributed as part of the bid package two bid periods prior to the beginning of the bid period covered by the schedule (e.g. for training to be conducted during Bid Period 5, the schedule will be included with the bid package distributed during Bid Period 3. Pilots due for recurrent training shall bid their training schedule preferences for that bid period.

 

ii.††† Training Bids must be submitted within the time limits applicable to that bid package. Training schedules will be awarded in seniority order. Pilots who fail to bid or who bid an insufficient number of preferences will be assigned a training schedule. Training schedule awards and assignments will be published at the same time and in the same manner as line awards.

 

iii.††† After lines are awarded for the bid period covered by the training schedule, Lineholderís will have their lines adjusted as follows:

 

(1)†† In the event of a conflict between a Lineholderís scheduled training and a scheduled trip, the Company will remove the Lineholder from the portion of the trip that conflicts with training or, if deemed not practical by the Company, will remove him from the entire trip (see Article 3);

 

(2)†† In the event of a conflict between a Lineholderís scheduled training and scheduled days off, the number of days off for that bid period shall be reduced by the number or days with training conflicts (see Article 3).

 

g.†††† Sick and Approved Short-term Absence

 

i.††††† A Pilot who is unable to commence or complete an assigned trip because of illness or an approved short-term absence will be returned to his trip when he becomes available if the trip transits the Pilotís base.If the Pilot cannot be returned to his trip, the following procedure will be used:

 

(1)†† The Pilot will be required to bid for available open time;

(2)†† If no open time can be awarded, the Company may assign a substitute trip in accordance with Paragraph F.1.a, (above);

(3)†† The Pilot will be assigned to reserve status for the remaining period of his bid line trip.

 

h.†††† Trip Trading

 

i.††††† Bid line holders will have the opportunity to trade individual trips for a like amount of time. Any trip trades must be agreed to by both trading Pilots, and, the proposed trade submitted to CRS, in writing, no less than twenty-four (24) hours prior to the earliest trip. A Company provided form will be used for this purpose on which the trading Pilots shall verify that the trip trade requirements of this provision have been met. It is understood that if all requirements contained in this section are met, approval will normally be granted by the Company.

 

ii.†††† Trip Trades may be denied in any of the following cases:

 

(1)†† If either Pilot would be projected to exceed FAR limitations;

 

(2)†† If, as a result of the proposed trade, either Pilot will be projected under guarantee;

 

(3)†† If the proposed trade would conflict with a training assignment of either trading Pilot;

 

(4)†† If the proposed trade would conflict with remaining assignments of either Pilotís bid line;

 

(5)†† If the proposed trade would conflict with either Pilotís scheduled vacation or pre-approved absence.

 

iii.††† The Company will recognize no liability for:

 

(1)†† Additional deadhead required to position trading pilots;

 

(2)†† Make up of any time lost as a result of the trade;

 

(3)†† Restoring any duty-free periods lost as a result of the trade, or for time lost as a result of subsequent replacement of either Pilot due to FAR limitations as a result of any trip trade.

 

iv†††† Trip trades may also be made with another Pilot who has been awarded open time. In the event a trip trade causes a pilot to drop below Minimum Bid Period Guarantee, the Pilotís guarantee will be adjusted downwards accordingly.

 

i.††††† Trip Drops

 

A Line holder will use the Company designated procedure to request a trip drop. The request shall be submitted on a form provided by the Company or on an electronic version of the form via the Company web site. If the time dropped has not been picked up by another Pilot twenty-four (24) hours before the trip, the Company may deny the request. The Company has no liability to provide make-up time or pay credit that is lost as the result of trip drops.

 

2.†††† Adjustments to Reserve and Standby Lines

 

a.†††† Assignment to Standby Duty

 

Reserve line holders may be assigned Standby duty at any time during scheduled reserve days.

 

b.†††† Rescheduling, Rerouting and Cancellation of trips

 

The Company may reschedule, reroute or cancel any trip that has been assigned to a standby or reserve line holder and is not liable for make-up or displacement credit. If the trip cancels, the Pilot shall be returned to his original reserve status; assigned to standby duty; or given another trip sequence. If the Standby or Reserve Pilot is assigned to another trip, the trip assigned must be scheduled to return the Pilot to his base prior to starting scheduled days off. If the trip is rescheduled or rerouted prior to trip departure, the Standby or Reserve Pilot will fly the trip and the Company will replace the Pilot during the trip so that he will return to base prior to start of the Pilotís scheduled days off. If the Standby or Reserve Pilotís trip is rescheduled or rerouted during the trip, the Company will attempt to schedule the Pilot to return to base prior to the start of the Pilotís scheduled days off. Should the Company be unable to restore the number of days off that were lost before the bid period ends, the Pilot shall be compensated per Article 4, Minimum Pay Guarantees.

 

c.†††† Operational Delays

 

Circumstances beyond the control of the Company which become known after departure of the trip (e.g. mechanical failure, ATC or weather delays, acts of God) may affect the return of the pilot to his base as originally scheduled. When the Pilot does return to base later than scheduled, the Company will extend the block of days off to restore any days off that were lost. Should the Company be unable to restore the number of days off that were lost before the bid period ends, the Pilot shall be compensated for the lost days off as described in Article 4, Minimum Pay Guarantees.

 

d.†††† Bid Period Carry-over Conflict

 

The Company will not assign a reserve or standby Pilot a trip that carries over into the following bid period if that trip conflicts with a day off in the following bid period.

 

e.†††† Displacement from Trip

 

In the event that a Pilot is displaced from his trip or portion of a trip the Company may assign the Pilot to another trip, portion of a trip, Standby or Reserve, except a Standby Line Holder may not be assigned Reserve duty.

 

f.††††† Vacation Adjustments

 

A Pilot that has been awarded a reserve or standby line will not be assigned a trip that will conflict with his awarded vacation.

 

g.†††† Training Adjustments

 

If a Pilot has a Standby or Reserve assignment that conflicts with a required Training assignment, the Company will remove the Pilot from his Standby or Reserve assignment so that he can attend the required training function. The Pilot will be paid pursuant to Article 3. Paragraph E.2. If the training conflicts with a Pilots scheduled days off his line will be adjusted to comply with the minimum days off in Paragraph C.4.b. (above).

 

h.†††† Sick and Approved Short-term Absences

 

A Pilot who is on standby or reserve status will immediately notify the Company if at any time he is unable to perform flight duties because of illness or other qualifying short-term leaves of absence (e.g. jury duty, personal leave, family leave, military leave). A Pilot who is unable to perform a standby or reserve activity will be returned to standby or reserve status consistent with his original line schedule and upon receipt of notification that he is available to return to work.

 

3.†††† Adjustment to Mixed Lines

 

Mixed Line holders will be governed by the provisions of paragraph F.1. (Adjustment to Regular Lines) above for bid line adjustment issues relating to the portion of the Pilotís line which consists of scheduled flying, and by the provisions of paragraph F.2. (Adjustments to Reserve and Standby Lines) above for bid line adjustment issues relating to the portion of the Pilotís line which consists of Reserve or Standby duty.

 

G.††† Open Flying

 

1.†††† Placement of Trips into Open Flying will be in the following order:

 

a.†††† Trips that will not fit into Regular Lines or Mixed Lines.

 

b.†††† Trips that have dropped out of Regular Lines or Mixed Lines of flying (e.g. Vacation, Sick, Carryover, Training) and are known in sufficient time to post and award as open time flying.

 

c.†††† Trips that become available after the bid lines are posted for bid and are not reassigned to bid line holders as a replacement trip for a canceled trip.

 

2.†††† Posting of Open Flying

 

a.†††† Known Open flying will be posted for bidding within five (5) calendar days after bid awards.

 

b.†††† Additional Open Flying(AOF) that becomes available after bid awards will be posted each Monday by 1800 local KDAY time, and close at 1200 local KDAY time the following Thursday for the Trips that begin the subsequent week.The Company shall notify those Pilots who have been awarded the open flying.

 

c.†††† The flights available for open flying bidding shall be placed on the Company voice mail system and on a mutually agreeable electronic medium (i.e. web site accessible in the crew lounge and via Internet).

 

d.†††† The AOF bid list shall be updated on a daily basis, if the AOF has any change, during the open flying bid period each week.

 

3.†††† Award/Assignment of Open Flying

 

a.†††† Open flying will be awarded or assigned in the following order:

 

i.††††† Open time will be awarded by bid among all Lineholders in seniority order who are projected to be below minimum guaranteed hours for the current bid period. Lineholders below minimum guaranteed hours who fail to bid open time will be assigned open time.

 

ii.†††† Open time will be awarded by bid among all Lineholders in seniority order whose line is projected to be below their awarded bid lines in the current bid period due to cancellations. Lineholders below their awarded bid lines who fail to bid open time will be assigned open time.

 

b.†††† A Pilot to be assigned a trip in accordance with paragraphs 3.a.i. and 3.a.ii. above, will not be assigned a trip which requires him to work on a scheduled day off. A Pilot may bid for open time flying that requires him to work on a scheduled day off and he will not be entitled to additional compensation for working on his originally scheduled days off.

 

c.†††† Domestic open time may be assigned to Reserve and Standby Pilots, in reverse seniority order, provided the assigned open flying does not fall on scheduled days off.

 

d.†††† Open time will be awarded by bid in seniority order among all Pilots who are on days off, are qualified to perform the flight, and will not exceed eighty (80) block hours for the bid period.

 

e.†††† Management flying in accordance with Article 10. Paragraph C.3.

 

H.††† Reserve Procedures

 

1.†††† All Reserve duty shall be designated as either Airport Standby, Hotel Standby, or Call in Reserve.

 

a.†††† Airport Standby is served at the airport designated by the Company.

 

b.†††† Hotel Standby is served at the hotel designated by the Company. A Standby Pilot shall be given a minimum of one and one half (1.5) hours to report for an assignment.

 

c.†††† If a Pilot is required to contact Crew Scheduling as specified in this Article, the communication shall be via personal communication between the Pilot and staff in the Crew Scheduling Department. Voice mail or e-mail does not qualify as contact with Crew Scheduling.

 

d.†††† Call-in-Reserve shall be served at the Pilotís base.

 

i.††††† A Call-in-Reserve Pilot shall contact Crew Scheduling between 1200 and 1600 Dayton local time on the day prior to the start of the Reserve sequence in order to receive any assignment that the Company may have for that Pilot on the first day of the Reserve period.

 

ii.†††† A Call-in-Reserve Pilot is not required to beavailable for contact. A Reserve Pilot shall contact Crew Scheduling between 1200 and 1500 Dayton local time on the day preceding each reserve day. A Call in Reserve Pilot who is in a legal rest period during the required contact period shall contact Crew Scheduling at the conclusion of his rest period. However, the Company may contact the Reserve Pilot for a trip assignment the following day. Such a trip shall not have a report time earlier than sixteen (16) hours from time of contact unless the Pilot waives this report time requirement. The Reserve list shall be followed until a Reserve Pilot is contacted.

 

iii.††† A Call-in-Reserve Pilot must contact Crew Scheduling within thirty (30) minutes of block-in of each trip flown while in Call-in-Reserve status.

 

iv.††† Upon contacting Crew Scheduling, a Call-in-Reserve Pilot shall be assigned a trip, moved to Hotel Standby or Airport Standby, in order, or released until his next duty day. A Pilot may be moved from Reserve to Hotel Standby or Airport Standby for any period of time specified by the Company provided that time falls within the scheduled Reserve period for the Pilot and within the Standby Duty periods specified within Article 12. Paragraph B.4.g.i and ii.

 

v.†††† Except as specified in Paragraph 1.d.ii, (above), if a Call-in-Reserve Pilot is assigned a trip, such trip shall not have a report time earlier than 0100 Dayton local time the following day. A Pilot shall not be required to report at a location other than his base unless he is provided transportation from his location to the point at which he is required to report. In such case, the trip shall be constructed to originate and end at the Pilotís base and the Pilot shall be paid and credited as if he had reported and been released from the trip at his base.

 

vi.††† If a Call-in-Reserve Pilot is moved up to Hotel Standby or Airport Standby, his Hotel Standby or Airport Standby duty shall not begin earlier than 0100 Dayton local time the following day.

 

vii.†† A Call-in-Reserve Pilot may be given a duty assignment with a report time later than the following day.

 

2.†††† When assigning trips to Reserve Pilots, Crew Scheduling will assign trips using Pilots from the Reserve category (Airport Standby, Hotel Standby, or Call-in-Reserve) that best meets the operational requirements of the Company.

 

a.†††† Within the Hotel Standby and Call-in-Reserve classifications, assignments shall be made as provided in Paragraph 3 of this section.

 

b.†††† Within the Airport Standby classification, assignments shall be made based on the number of days and duty time remaining in the Airport Standby Pilotís current blocks of Airport Standby duty. A one-day trip shall be assigned to the Airport Standby Pilots having the least remaining duty time sufficient to cover the assignment. A multi-day trip shall be assigned to the Pilot having the fewest remaining days off sufficient to cover the assignment. If two or more Airport Standby Pilots have the fewest remaining days, the assignment shall be given to the Pilot having the least remaining duty time sufficient to cover the assignment.

 

c.†††† A Pilot shall not be assigned to flight duty scheduled to extend into his scheduled days off if such assignment can be assigned to another Pilot who has available duty days on the days such an assignment is scheduled to operate. If there are no Hotel Standby or Airport Standby Pilots with sufficient days left, then the trip will be assigned to the Pilot having the greatest number of days available that coincide with the assignment. A Reserve Pilot shall not be assigned into his days off. If a Hotel Standby or Airport Standby Pilot is assigned duty into his days off, he will be compensated under Article 4, Minimum Pay Guarantees. A Call-in-Reserve Pilot will not be moved up to Hotel Standby or Airport Standby for the purpose of moving him to fly into days off.

 

3.†††† Crew Scheduling shall assign trips to Call-in-Reserve and Hotel Standby Pilots based upon seniority as follows:

 

a.†††† The Company shall create, post and provide separate Reserve and Hotel Standby seniority ďReserve ListsĒ three (3) days prior to the commencement of the bid period. Each of these lists shall consist of a list of Pilots in each classification and their awarded order from first out to last out based on their seniority in reverse order.

 

b.†††† In order to equalize flying among Reserve Pilots, after a Call-in-Reserve or Hotel Standby Pilot has completed an assigned trip, he shall be returned to the bottom of the list of Pilots within his Reserve classification.

 

c.†††† Call-in-Reserve and Hotel Standby Pilots shall be given assignments within their Reserve classification, in accordance with the ďReserve ListĒ in their Reserve classification, with the following exceptions:

 

i.††††† A Reserve Pilot who requires a trip to stay FAR current shall have the highest priority for assignment.

 

ii.†††† A Pilot on Reserve with fewer than one hundred (100) hours in status shall have the next highest priority for assignment.

 

iii.††† Captains with fewer than one hundred (100) hours in status may be denied an Airport Standby assignment.

 

d.†††† When multiple assignments are available, a Hotel Standby or Reserve Pilot shall be given the assignment having the highest pay value in accordance with the FAR restrictions that apply to the Pilot. If the flight cancels or changes value after the assignment has been made, the Company is not obligated to change the Pilotís assignment to comply with this paragraph.

 

4.†††† Upon completion of a trip, a Pilot is required to contact Crew Scheduling as stated in paragraph 1.d.iii, above. If the Pilot receives no assignment or is not moved to another reserve classification at that time, he shall revert to his original scheduled Reserve status.

 

5.†††† If a Reserve Pilot has been assigned a trip and he subsequently is notified that a pairing within that trip or the entire trip has been removed or changed, the Pilot is subject to immediate reassignment to another pairing.

 

6.†††† A Reserve Pilot shall receive a minimum of twelve (12) days scheduled days off in a bid period.

 

7.†††† Days off for Airport Standby, Hotel Standby, and Reserve shall be constructed in accordance with Paragraphs C.4.a-f, (above).

 

I.††††† Irregular Operations

 

1.†††† Emergency Assignment(s)

 

a.†††† If, due to unforeseeable circumstances, the Company's Pilot requirements are not met, the Company may assign emergency replacements.

 

b.†††† Emergency replacements will be accomplished using the most current Pilot Seniority List.Contacting Pilots will begin with the most junior available person from the list.Geographical proximity of the Pilot to the uncovered trip may be a factor in assignments when the departure time dictates.

 

c.†††† The Company may assign a Pilot to emergency replacement duty even though that duty reduces the number of days off below twelve (12) or nine (9) days off in BP13. In that case, the Pilot shall be provided a compensatory day off within the next two bid periods with mutual agreement between the Pilot and Crew Scheduling.

 

2.†††† High Minimum Captains

 

a.†††† A Captain on high minimums as defined in the FARís may be removed from his scheduled trip/flight segment due to operational necessity.In the event that a Captain is removed from his trip/flight segment, the Company will attempt to assign him a trip/flight segment of equal pay credit.In the event that the Captain is removed from his trip while transiting his base, he will be provided with a hotel room.

 

b.†††† When a Captain is removed from his scheduled trip/flight segment he will be returned as soon as practicable to his scheduled line of time.

 

3.†††† Special Qualifications or Assignments

 

In the event a Pilot is assigned a line of time, or open flying trip, the Company will make every effort to qualify the Pilot prior to that trip. If the Company is unable to complete the required qualification prior to the trip, then the Company will operate the trip with a qualified additional Pilot (i.e. previously qualified Captain, Check Airman).If this is not practical, the Pilot may be removed from that trip and will receive a substitute trip during the same time frame or he will be pay protected.

 

4.†††† Assignment to CRAF/Hostile Operations

 

Pilots may be assigned to CRAF operations in accordance with Article 17. Paragraph G.4-6 of this Agreement.