Common use of Disruption of Company Business Clause in Contracts

Disruption of Company Business. The Company shall not lock out pilots and pilots shall not engage in, cause or support any strike or work stoppage at the Company. In the event of an existing or impending labor dispute involving other represented employees, which is or has the capability of disrupting Company flight operations, the MEC Chairman and the Vice President, Flight Operations or the System Chief Pilot shall consult about what measures, if any, were or would be appropriate for Federal Express to take in light of the situation. The Vice President, Flight Operations or the System Chief Pilot will share the result of those conversations in an FCIF to the crewforce and outline what action(s), if any, the Company will take (or has taken) concerning the possible labor dispute. In the event of a work stoppage legally authorized under the Railway Labor Act, involving other U.S. employees of the Company, the Vice President, Flight Operations or the System Chief Pilot shall consult with the MEC Chairman concerning the nature of any possible disruptions and the expectations the Company has in light of those anticipated disruptions. Pilots shall not be required to perform work customarily done by the pilots of another U.S. certificated air cargo operation who are engaged in a lawful strike against their employer unless the Company has historically performed and provided such services on that airline’s behalf. In cases where the Company has contracted to conduct training for another carrier’s pilots, Federal Express pilots may refuse to train the other carrier’s pilots if those pilots are strike replacements. Strike replacement pilots are those pilots who are being trained to replace the carrier’s current striking pilots or those pilots (from the other carrier) in training for a new seat position when an imminent pilot strike is threatened. Nothing in this section shall preclude the Association from engaging in self-help activities after the procedures provided by the Railway Labor Act, as amended, for changing the terms of this comprehensive collective bargaining agreement have been exhausted.

Disruption of Company Business. The Company shall not lock out pilots and pilots shall not engage in, cause or support any strike or work stoppage at the Company. In the event of an existing or impending labor dispute involving other represented employees, which is or has the capability of disrupting Company flight operations, the MEC Chairman and the Vice President, Flight Operations or the System Chief Pilot shall consult about what measures, if any, were or would be appropriate for Federal Express to take in light of the situation. The Vice President, Flight Operations or the System Chief Pilot will share the result of those conversations in an FCIF to the crewforce and outline what action(s), if any, the Company will take (or has taken) concerning the possible labor dispute. In the event of a work stoppage legally authorized under the Railway Labor Act, involving other U.S. employees of the Company, the Vice President, Flight Operations or the System Chief Pilot shall consult with the MEC Chairman concerning the nature of any possible disruptions and the expectations the Company has in light of those anticipated disruptions. Pilots shall not be required to perform work customarily done by the pilots of another U.S. certificated air cargo operation who are engaged in a lawful strike against their employer unless the Company has historically performed and provided such services on that airline’s behalf. In cases where the Company has contracted to conduct training for another carrier’s pilots, Federal Express pilots may refuse to train the other carrier’s pilots if those pilots are strike replacements. Strike replacement pilots are those pilots who are being trained to replace the carrier’s current striking pilots or those pilots (from the other carrier) in training for a new seat position when an imminent pilot strike is threatened. Nothing in this section shall preclude the Association from engaging in self-help activities after the procedures provided by the Railway Labor Act, as amended, for changing the terms of this comprehensive collective bargaining agreement have been exhausted.. August , 2006 Captain Xxxxx Xxxx Captain Xxxxxx Xxxxxxxx FEDEX Master Executive Council Air Line Pilots Association, International 0000 Xxxxx Xxxxxxx, Suite 300 Memphis, TN 38138 Gentlemen: The letter is intended to describe FedEx Corp.'s intentions and commitments with respect to the interaction between FedEx Corp., its operating companies and FedEx Express specifically concerning subsequently acquired or developed air carrier operations by FedEx Corp. or any of its operating companies. As you both know, FedEx Express is a Railway Labor Act (RLA) carrier whose operations are interconnected and integrated with its ground, hub and other support operations. With respect to any acquisition or development of another RLA air carrier should FedEx Corp. or other Federal Express operating companies acquire or develop any RLA carrier it shall be housed within FedEx Express. In other words, it is not the intent of FedEx Corp. to run or acquire an “alter ego” airline to compete with FedEx Express. As for the other Federal Express operating companies, it should be noted that some of these companies have, as part of their business model, relationships with other airlines as well as FedEx Express in order to service their customers. However, none of these companies own or operate any aircraft with pilots. Should any of the other operating companies employ pilots who operate aircraft (excluding corporate aviation aircraft and those with a MTOGW of 60,000 pounds or less) for purposes of supporting their businesses, those acquisitions will be moved to FedEx Express for integration into FedEx Express, as the RLA carrier component of this network. FedEx Corp. further commits to be bound by Sections 1.C. and 1.D.2. of the collective bargaining agreement between FedEx Express and the Air Line Pilots Association, and to resolve any disputes arising out of the interpretation or application of those provisions or this Letter of Agreement in accordance with the expedited arbitration procedures of Section 1.E. of that agreement. Accepted: Captain Xxxxx Xxxxxx President, Air Line Pilots Association, Int’l Captain Xxxxx Xxxx Chairman, FedEx MEC Air Line Pilots Association, Int’l

Disruption of Company Business. The Company shall not lock out pilots and pilots shall not engage in, cause or support any strike or work stoppage at the Company. In the event of an existing or impending labor dispute involving other represented employees, which is or has the capability of disrupting Company flight operations, the MEC Chairman and the Vice President, Flight Operations or the System Chief Pilot shall consult about what measures, if any, were or would be appropriate for Federal Express to take in light of the situation. The Vice President, Flight Operations or the System Chief Pilot will share the result of those conversations in an FCIF to the crewforce and outline what action(s), if any, the Company will take (or has taken) concerning the possible labor dispute. In the event of a work stoppage legally authorized under the Railway Labor Act, involving other U.S. employees of the Company, the Vice President, Flight Operations or the System Chief Pilot shall consult with the MEC Chairman concerning the nature of any possible disruptions and the expectations the Company has in light of those anticipated disruptions. Pilots shall not be required to perform work customarily done by the pilots of another U.S. certificated air cargo operation who are engaged in a lawful strike against their employer unless the Company has historically performed and provided such services on that airline’s behalf. In cases where the Company has contracted to conduct training for another carrier’s pilots, Federal Express pilots may refuse to train the other carrier’s pilots if those pilots are strike replacements. Strike replacement pilots are those pilots who are being trained to replace the carrier’s current striking pilots or those pilots (from the other carrier) in training for a new seat position when an imminent pilot strike is threatened. Nothing in this section shall preclude the Association from engaging in self-help activities after the procedures provided by the Railway Labor Act, as amended, for changing the terms of this comprehensive collective bargaining agreement have been exhausted. Captain Xxxxx FatoDavid Xxxx President FedexAir Line Pilots Association, International 0000 Xxxxxx Xxxxxx 0000 Xxxxx Xxxxxxx, Suite 210300 Memphis, TN 38138 Dear Captain Xxxx:Gentlemen: The letter is intended to describe FedEx Corp.'s intentions and commitments with respect to the interaction between FedEx Corp., its operating companies and FedEx Express specifically concerning subsequently acquired or developed air carrier operations by FedEx Corp. or any of its operating companies. As you both know, FedEx Express is a Railway Labor Act (RLA) carrier whose operations are interconnected and integrated with its ground, hub and other support operations. With respect to any acquisition or development of another RLA air carrier should FedEx Corp. or other Federal Express operating companies acquire or develop any RLA carrier it shall be housed within FedEx Express. In other words, it is not the intent of FedEx Corp. to run or acquire an “alter ego” airline to compete with FedEx Express. As for the other Federal Express operating companies, it should be noted that some of these companies have, as part of their business model, relationships with other airlines as well as FedEx Express in order to service their customers. However, none of these companies own or operate any aircraft with pilots. Should any of the other operating companies employ pilots who operate aircraft (excluding corporate aviation aircraft and those with a MTOGW of 60,000 pounds or less) for purposes of supporting their businesses, those acquisitions will be moved to FedEx Express for integration into FedEx Express, as the RLA carrier component of this network. This will confirm the agreement between the Fedex Pilots Association (“FPA”) and FDX Corporation (“FDX”). In particular, FDX and any subsidiaries or affiliates directly or indirectly owned or controlled by FDX agree that, in the event that they acquire with the intention of retaining and operating another U.S. certificated air cargo operation that employs pilots who operate aircraft with a MTOGW of 60,000 pounds or more, the acquired carrier’s routes and operation of aircraft above the MTOGW limit shall be assumed by pilots on the FedEx Master Seniority List. If the acquired airline is to be sold in the normal course of business, these seniority- merger provisions do not apply. If FDX, its subsidiaries or affiliates retain the acquired airline, the assumption of the acquired flying by Federal Express Master Seniority List pilots shall take place as soon as is reasonably practical after either the merger of the acquired carrier’s appropriate pilots (those flying aircraft over 60,000 lbs.) into the Federal Express Master Seniority List in the manner set forth in Section 1, Paragraph D 2 of the agreement between FPA and Federal Express Corporation or, in the event the pilots from the acquired carrier are not to be retained, then upon the final regulatory confirmation and transfer of the operating certificates to Federal Express and/or FDX. FedEx Corp. further commits to be bound by Sections 1.C. and 1.D.2. of the collective bargaining agreement between FedEx Express and the Air Line Pilots Association, and to resolve any disputes arising out of the interpretation or application of those provisions or this Letter of Agreement in accordance with the expedited arbitration procedures of Section 1.E. of that agreement. This letter shall expire completely and without possibility of continuation one day prior to the earliest of the following: a. the notification by the National Mediation Board that, despite its best efforts to bring about an amicable settlement through mediation, Federal Express and the FPA have failed to reach agreement; b. the satisfaction of any of the legal conditions precedent to the FPA’s engagement in a job action against Federal Express including initial approval by the FPA Board of Directors for such an action; c. the commencement of the lawful self-help period following exhaustion by Federal Express and FPA of the procedures for changing their comprehensive collective bargaining agreement provided in the Railway Labor Act. Sincerely, FedEx Corporation Accepted: Captain Xxxxx Xxxxxx President, Captain Xxxxx Xxxx Chairman, FedEx MEC