ARTICLE 26.† GENERAL
Nothing in the Agreement shall be construed to limit or deny any Pilot any rights or privileges to which he may be entitled under the provisions of the Railway Labor Act, as amended.
Should any part of this Agreement be rendered invalid by reason of any existing or subsequently enacted legislation, act of government agency or decree of court, the invalid part or provision of this Agreement shall not invalidate the remaining portions, and they shall remain in full force and effect.
C.††† COPY OF AGREEMENT
The Company shall provide each Pilot, free of charge, one copy of this Agreement in a Jeppesen-size format within sixty (60) days of the date of the signing of the Agreement. Replacement copies of this Agreement will be at the Pilotís expense.
D.††† NEW EQUIPMENT
the Company place into revenue service an aircraft-type to be flown by Pilots
on the EWA Pilots Systems Seniority List other than an aircraft-type for which
rates are specified in this Agreement, the Company and the Association will
meet pursuant to the processes of Title 1, Section 6 of the Railway Labor Act.
These meetings shall commence ninety (90) days, if possible, but no later than
sixty (60) days before the aircraft-type is to be placed in service, for the
purpose of establishing rates of pay, rules and working conditions for such
aircraft-type. Neither party may demand that other changes be made to this
Agreement as a condition for reaching agreement on the foregoing.
no agreement has been reached by the thirtieth (30) day prior to the date the
new aircraft-type is scheduled to be placed in service, the parties agree to
submit any unresolved issues to an arbitrator for final and binding
arbitration. The arbitrator will be mutually agreed to by the parties, or if mutual
agreement is not reached, the arbitrator will be selected from the list in
Article 21 of this Agreement. The arbitration will occur no later than twenty
(20) days prior to the in-service date.
3.†††† At the conclusion of the arbitration hearing, closing oral arguments will be made in lieu of post hearing briefs. The Arbitratorís decision shall be issued within ten (10) working days following the close of the hearing.
time limits prescribed in Article 26.D. may be extended by the mutual agreement
of the parties.
5. While in Transition or Upgrade Training for a new piece of equipment, a Pilotís rate of pay will be based upon his current equipment and status until his successful completion of simulator training on the new equipment. Should a new aircraft-type be placed into revenue service prior to the date an agreement has been reached or an arbitratorís decision issued, the Pilot will fly the aircraft-type and rates of pay will be retroactive to the Pilotís successful completion of simulator training.
Company and the MEC Uniform Committee shall meet and confer before making any
change in the style, color, or materials of uniforms.
(1) basic uniform shall be purchased by the Company for each Pilot if the
Company initiates a change in style or color.
Company shall provide each new-hire Pilot one (1) basic uniform at no expense.
The new hire Pilot will be required to wear a Company approved uniform at the
time he completes IOE.
basic uniform specified above shall consist of one (1) hat, one (1) coat, two
(2) uniform pants, four (4) shirts, two (2) ties, one (1) leather belt, one (1)
set of wings, epaulets and Company insignia.
Company uniform maintenance program will be established with a
Company-designated vendor. This program will provide each Pilot three (3)
shirts, one (1) tie, and two (2) pair of pants each calendar year, commencing
the first calendar year after this Agreement becomes effective. One (1) new
coat will be provided to each Pilot the third (3rd) calendar year
after this Agreement becomes effective, and once every three (3) calendar years
thereafter. One (1) new hat will be provided to each Pilot as soon as
practicable after the ratification of this Agreement, and once every five (5)
calendar years thereafter.
6.†††† The authorized uniform will consist of the following:
ITEM††††††††††††††††††††††††††††††† COLOR†††††††††††††††††††††† REMARKS
Coat†††††††††††††††††††††††††††††††† Black†††††††††††††††††††††††††† Braids as appropriate
Shirt†††††††††††††††††††††††††††††††† White†††††††††††††††††††††††††† ďAviatorĒ type with epaulets
Topcoat†††††††††††††††††††††††††† Black†††††††††††††††††††††††††† ďLondon FogĒ type
Insignia††††††††††††††††††††††††††† Gold†††††††††††††††††††††††††††† Issued by Company
Sweater†††††††††††††††††††††††††† Black†††††††††††††††††††††††††† Pullover or Cardigan
Leather Jacket ††††††††††††††† Black†††††††††††††††††††††††††† A2 or G1 type
Shoes/Boots††††††††††††††††††† Black†††††††††††††††††††††††††† Plain toe
Epaulets††††††††††††††††††††††††† Black/Gold stripes
Hats†††††††††††††††††††††††††††††††† Black†††††††††††††††††††††††††† Captainís w/gold braid on bill
†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† First Officers w/ plain bill
†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Flight Engineer w/ plain bill
7.†††† Rank Insignia
Captainís uniform is distinguished by four (4) stripes on the coat and epaulets
and an embroidered visor on the hat. First Officerís and Flight Engineerís
uniforms are distinguished by three (3) stripes on the coat and epaulets. A
Pilot qualified and assigned as a Captain may wear the four (4) stripes on his
uniform. All Pilots will wear the rank insignia of their position.
authorized uniform described above is authorized for year-round wear. During
the summer months (May 1 Ė October 31), when traveling in tropical climates or
when so designated by the Chief Pilot, the uniform coat may be considered
optional provided the Pilot wears a hat, a tie and shirt with the appropriate
authorized uniform hat will be worn as part of the uniform.
10.†† The Company shall establish reasonable requirements for grooming and other personal appearance standards.
F.††† COMPANY PROPERTY
††††††† No Pilot, or his estate, shall be required to pay for the cost of aircraft, equipment, or other property damaged while in the performance of his duties with the Company.
The Company shall, at its own expense, provide legal representation for any Pilot named as a defendant or subpoenaed as a witness by a third party in any legal proceedings (including those initiated by fellow employees) arising out of the Pilotís performance of his duties with the Company within the scope of his employment, and shall also indemnify such Pilot against any money judgment or award rendered against him. It is expressly understood that the Companyís obligations as set forth herein shall apply equally to legal proceedings against a Pilotís estate. The foregoing shall not apply when the claims arise out of the intentional misconduct of the Pilot, or criminal conduct of the Pilot under the laws of the United States, or any State thereof.
Pilotís personnel file shall be open for his inspection. Such review may be
made during normal Human Resource Department office hours or as scheduled in
advance, provided a Human Resource staff member or Flight Operations manager is
available to be present during the inspection of the file. Upon request, the
Company will provide the Pilot with a copy of documents contained in the file
provided that the request is reasonable and not unduly burdensome (e.g. the
request does not require copying of large numbers of routine personnel forms or
other documents). A Pilot will be provided with a copy of all disciplinary
actions and other derogatory material whenever such is placed in his file.
with the effective date of this Agreement, any disciplinary records shall be
removed from the Pilotís file two (2) years after the disciplinary action was
issued. Disciplinary records retained pursuant to the second sentence of
Paragraph 3, below, (e.g. concerning such matters as harassment, discrimination
or assault) shall be removed from the Pilotís file five (5) years after the
disciplinary action was issued. Any material which was removed or which should
have been removed in accordance with this paragraph may not be used or referred
to in any disciplinary proceeding.
3.†††† Notwithstanding any other provision of this paragraph, the Company will maintain such additional records as required by the Pilot Records Improvement Act (PRIA) for such periods as required by the Act. In addition, the Company may maintain a record of counseling or disciplinary action taken in connection with matters which may become the subject of litigation brought against the Company under State or Federal statutes and regulations. In the latter case, records may be maintained for such periods as provided in the statutes of limitation applicable to the laws in question. Such records may not be used or cited for any purpose other than litigation defense or those purposes required by PRIA.
I.††††† RECORDING DEVICES
obtained from flight data recording devices shall not be used for disciplinary
action against a Pilot except in cases involving accidents or involving
incidents resulting in an investigation by the NTSB or finding of violation by
obtained from cockpit voice recording devices shall not be used for
disciplinary action against a Pilot.
3.†††† The MEC or a representative of the Association shall be present when any recording device is examined, reviewed, or monitored.
J.†††† ASSOCIATION INFORMATION
An Association representative shall be afforded an opportunity to address the Pilots during new-hire training.
K.††† BENEFITS INFORMATION
††††††† The Company shall furnish retiring Emery Worldwide Airlines Pilots, or if deceased their eligible dependents, a list of insurance and retirement benefits as well as travel privileges available, under the terms and provisions of this Agreement.
L.††† RETIREE INDENTIFICATION
A Company identification card (not airport security ID) shall be issued to each Pilot upon retirement.
M.†† AIRCRAFT MODIFICATIONS
The Company shall inform the MEC Safety Committee of any pending major modifications to aircraft or components and any other changes that affect the safety of flight. The MEC Safety Committee shall have the opportunity to make recommendations to the Company on any major modifications to aircraft or components.
N.††† COMPANY MANUALS
The Company shall provide the MEC Chairman a copy of all current Company manuals including, but not limited to, Training Manuals, Flight Operations Manuals, Aircraft Manuals, Company Policy Manuals, Approach Plates, Enroute Charts, and revisions as they are released.
O.††† PASS PRIVILEGES
with the Companyís pass policy and interline agreements with other carriers all
Pilots covered under this Agreement, and their eligible dependents, or their
surviving eligible dependents, shall be entitled to the same pass or reduced
fare privileges afforded or available to other Emery Worldwide Airline
employees and their eligible dependents. The Company shall publish interline
travel benefit information to active EWA Pilots and provide ALPA with
information on benefits available to retired EWA Pilots.
2.†††† The Company shall not, during the duration of this Agreement, initiate any changes that would diminish the jump seat policy on Company aircraft.
The Captain, at his discretion, may authorize additional crewmembers (ACM) and other Company qualified personnel on a first come, first serve basis, whenever a seat is available, and in accordance with Company policy.
Q.††† CREW LOUNGE
The Company shall provide a crew lounge at the Dayton Hub. The Company will meet and confer with the MEC Crew Facilities Committee to discuss the adequacy of crew lounge facilities and determine the need for additional crew lounge facilities at locations other than Dayton, Ohio.
a Pilot is scheduled to be on continuous duty for seven (7) hours and thirty
(30) minutes (7:30) or more, and he is scheduled for an intransit stop of two
(2) hours or more, a crew meal will be furnished by the Company unless an
on-site restaurant is available. If a Pilot is scheduled for seven (7) hours
and thirty (30) minutes or more and he is scheduled for an intransit stop of
less than two (2) hours a crew meal will be furnished by the Company. The
Company will not furnish meals for intransit stops through the Dayton Hub.
meals shall be provided for all Pilots on duty on all flights scheduled in
excess of five (5) hours.
the event CRS alerts a Pilot that he will be required to show at the airport
earlier than originally scheduled, the Pilot will be provided sufficient time
to obtain a meal before departing the hotel or the Company will provide
catering on board the aircraft.
4.†††† Each aircraft will be supplied with bottled water, juice, tea, coffee, and hot chocolate packets. No flight will be delayed for lack of beverage availability.
S.††† COMMUTER PILOT PROCEDURES
The following procedures shall be used by Pilots who commute on Company aircraft:
0600 and 1200 Dayton, Ohio Local Time on the day of departure, the Pilot must
check with dispatch and will be advised if his seat is available. This schedule
must assure the Pilotís arrival at Dayton at least two (2) hours prior to
report time. If a Pilot fails to arrive, but meets the verification criteria as
stated above, he will not be considered negligent and will not be subject to
discipline. The commuting Pilot shall check in with Crew Scheduling at his
base. In the event that a commuting Pilot loses time due to jumpseat
unavailability beyond his control, he shall be permitted to make up lost time.
2.†††† Jumpseat use for Company business requirements shall take precedence over availability for commuting. In the event a jumpseat becomes unavailable to a listed commuting Pilot, he shall be so advised as soon as unavailability is known to Crew Scheduling.
The Company shall provide to each Pilot a summary of the last bid period that reports his pay credit/hours and per diem for the respective bid period.
All required Company I.D. badges will be provided initially by the Company at no cost to the Pilot. If a Pilot loses his Company I.D. badge it will be replaced pursuant to the Company policy applicable to all Company employees, not to exceed costs established by Dayton Airport authorities.
The Company will post a system base bid within sixty (60) days of the signing of this Agreement.
W.†† CAPTAIN UTILIZATION
No Captain shall be scheduled or required to serve as a First Officer without the Pilotís consent.
The Company shall seek approval for the use of Ships Library manuals in lieu of the General Operations Manual requirement for Pilots to carry such manuals during flight assignments.
All Pilots must maintain a current passport and provide verification to the
Company that this requirement has been met.
In the event foreign nation visas are required for Company assigned duties, the
Company will be responsible for obtaining and for the cost of such visas.
3.†††† Immunizations: The cost of any immunizations recommended by a U.S. Government Agency for travel to Company operational areas will be reimbursed by the Company.
The provisions of this Agreement will apply to all Pilots regardless of race, color, creed, religion, national origin, age, sex, sexual orientation, disability or veteran status. Whenever reference is made in this Agreement to Pilots using a pronoun in the male gender, the reference shall also mean and include the female gender.
AA.† ADDITIONAL CREW MEMBERS (ACM)
is acknowledged that Emery Worldwide Airlines (EWA)may require the services of
mechanics, loadmasters, couriers, and/or other personnel (hereinafter referred
to as Additional Crew Member or ACM) whose services are helpful, but not
required, in the performance of specific charter or contract operations.
performing their respective duties, ACMs are responsible to the
Pilot-in-Command of the flight to which they are assigned. The Company will
advise the Pilot-in-Command when an ACM is planned to be utilized, and their
respective position on a specific flight. All ACMs will be identified by name
and position on the flight release.
3.†††† All ACMs will be trained in accordance with EWA policy and procedures regarding the use of emergency equipment, egress, and ďsterileĒ cockpit procedures.
A Pilot will not be required to operate an engine out ferry or maintenance test flight without his consent.
OR INJURY WHILE ON COMPANY BUSINESS
the event a Pilot becomes ill or is injured while away from home on Company
business, the Company will promptly arrange to return him home and/or will
assist in locating and arranging for medical treatment when notified that such
assistance is needed, whichever is appropriate.
cases of serious illness or injury, the Company will be responsible for
arranging prompt air ambulance transportation from locations where adequate treatment
is not available to suitable medical facilities (when possible, in the U.S.)
4.†††† The Company will arrange free transportation, lodging and expenses for reasonable visitation by immediate family or significant other for Pilots hospitalized at locations distant from the Pilotís home.
DD. SOLICITATION AND DISTRIBUTION
is EWAís policy that solicitation or distribution of literature for any purpose
by non-employees is strictly prohibited on company premises at any time. The
only exceptions to the Companyís non-solicitation rule applies to the Companyís
annual participation in local United Way campaigns, and the Girl Scouts and Boy
Scouts.† Solicitation or distribution in
any way connected with the sale of any goods or services for profit is strictly
prohibited anywhere on Company property at any time.
2.†††† Employees may engage in solicitation on Company premises only during their non-working time. Employees may distribute or circulate literature only during non-working time and only in non-working areas.† Non-working time means time during meals and breaks and before or after work.† If an employee is not certain whether an area is a work or non-working area, he should consult his immediate supervisor for clarification.
Boards:† The Company has bulletin boards
located throughout its facilities for the purpose of communicating with
employees.† Postings on these boards are
limited to Company related material including statutory and legal notices, safety
and disciplinary rules, Company policies, memos of general interest relating to
the Company, local operating rules, job notices and other items.† All postings require the prior approval of
the location manager.† No postings will
be permitted for any other purpose.† The
Company will make available space for enclosed locking bulletin boards to be
supplied by the Association at each domicile for use by the Association in
posting information on meetings and other Association matters.† All posted material shall remain free of
derogatory, inflammatory, and pornographic content with the respect to the
Company or any of its employees.
2.†††† Safety Box:† A safety box shall be maintained at the Dayton Flight Crew Facility.† Pilots will be encouraged to submit safety concerns to the Association Central Air Safety Committee Chairman using the safety box.† The Chairman will share such reports with the Company Director of Safety.
Company and the Association agree to cooperate in providing Pilot employees a
choice of seeking assistance for substance dependency and abuse through the
Company Employee Assistance Program or through the EWA/ALPA Human Intervention
and Motivation Study (HIMS) Committee.
Company and the MEC will each designate two (2) individuals to serve on the
EWA/ALPA HIMS Committee. The EWA/ALPA Pilot HIMS Committee will meet to
mutually agree upon a standard procedure for coordinating the assistance provided
by the EWA/ALPA HIMS Committee in cases of self-referrals or interventions in
connection with issues of substance dependency or abuse. The procedure will
include provisions for safeguarding the confidential nature of the assistance.
procedure agreed upon will be designed to accommodate the special medical
certification requirements of Pilots and will be based upon generally accepted
standards developed by the FAA. The procedure will be directed towards
preventing and ameliorating adverse effects associated with substance abuse,
substance dependency, emotional, behavioral or similar conditions.
4.†††† Pilots who receive assistance through the EWA/ALPA HIMS Committee or through the Company Employee Assistance Program (EAP) will be provided Company medical leave and insurance coverage, as provided for in this Agreement.The Company and the Association will cooperate in providing monitoring of similar services required for the re-issuance of medical certificates. A Pilot who successfully completes a program will be allowed to return to line flying with no loss of seniority.
IN PERSONAL STATUS
Each Pilot is responsible to keep
personal records up-to-date. The Chief Pilot, Chief Flight Engineer, or a Human
Resource representative must be notified when there is a change in the
3.†††† Telephone Number
6.†††† Marital Status
7.†††† Emergency Contact Information