ARTICLE 26.GENERAL

A.††† RAILWAY LABOR ACT

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.

 

B.††† SEVERABILITY

 

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

 

1.†††† Should 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.

2.†††† If 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.

 

4.†††† The 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.

 

E.††† UNIFORMS

 

1.†††† The Company and the MEC Uniform Committee shall meet and confer before making any change in the style, color, or materials of uniforms.

2.†††† One (1) basic uniform shall be purchased by the Company for each Pilot if the Company initiates a change in style or color.

3.†††† The 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.

4.†††† The 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.

5.†††† A 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

Trousers††††††††††††††††††††††††† Black

Shirt†††††††††††††††††††††††††††††††† White†††††††††††††††††††††††††† ďAviatorĒ type with epaulets

Necktie†††††††††††††††††††††††††††† Black

Topcoat†††††††††††††††††††††††††† Black†††††††††††††††††††††††††† ďLondon FogĒ type

Insignia††††††††††††††††††††††††††† Gold†††††††††††††††††††††††††††† Issued by Company

Sweater†††††††††††††††††††††††††† Black†††††††††††††††††††††††††† Pullover or Cardigan

Leather Jacket ††††††††††††††† Black†††††††††††††††††††††††††† A2 or G1 type

Belt††††††††††††††††††††††††††††††††† Black††††††††††††††

Shoes/Boots††††††††††††††††††† Black†††††††††††††††††††††††††† Plain toe

Stockings†††††††††††††††††††††††† Black

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

 

††††††† A 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.

8.†††† Seasonal Wear

††††††† The 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 epaulets.

9.†††† The 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.

 

G.††† INDEMNIFICATION

 

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.

 

H.††† PERSONNEL FILES

 

1.†††† A 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.

2.†††† Beginning 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

 

1.†††† Information 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 the FAA.

2.†††† Information 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

 

1.†††† Consistent 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.

 

P.††† JUMPSEAT

 

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.

 

R.        CREW MEALS

 

1.†††† If 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.

2.†††† Crew meals shall be provided for all Pilots on duty on all flights scheduled in excess of five (5) hours.

3.†††† In 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:

 

1.†††† Between 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.

 

T.††† PAYROLL DATA

 

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.

 

U.††† I.D. REPLACEMENTS

 

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.

 

V.††† SYSTEM BID

 

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.

 

X.††† AIRCRAFT MANUALS

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.

 

Y.††† PASSPORTS, VISAS, AND IMMUNIZATIONS

1.†††† Passports: All Pilots must maintain a current passport and provide verification to the Company that this requirement has been met.

2.†††† Visas: 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.

 

Z.†††† NON-DISCRIMINATON/GENDER INCLUSION

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)

 

1.†††† It 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.

2.†††† While 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.

 

BB. MAINTENANCE FLIGHTS

A Pilot will not be required to operate an engine out ferry or maintenance test flight without his consent.

 

CC. ILLNESS OR INJURY WHILE ON COMPANY BUSINESS

1.†††† In 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.

2.†††† The Company will make information available on how to contact the best available physicians and medical facilities for Pilots scheduled to fly to destinations where English speaking medical personnel and/or medical facilities that meet U.S. standards are not easily accessible.

3.†††† For 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

 

1.†††† It 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.

 

EE.BULLETIN BOARDS/SAFETY

1.†††† Bulletin 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.

 

FF.PILOT ASSISTANCE COMMITTEE

1.†††† The 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.

2.†††† The 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.

3.†††† The 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.


 

GG. CHANGES 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 following:

1.†††† Name

2.†††† Address

3.†††† Telephone Number

4.†††† Dependents

5.†††† Beneficiaries

6.†††† Marital Status

7.†††† Emergency Contact Information