Labor Protective Provisions. 1. In the event the Company is merged with another airline, the Flight Attendants covered hereunder shall, upon such merger of the airlines, be provided labor protective provisions no less favorable than the labor protective provisions specified by the Civil Aeronautics Board (CAB) in the Allegheny-Mohawk merger as specified in Section 1 (Introduction), Section 2 (Definitions), Section 4 (Displacement Allowance), Section 5 (Dismissal Allowance), Section 6 (Benefits), Section 7 (Lump Sum Payment in Lieu of Dismissal Allowances), Section 10 (Rearrangement of Forces in Anticipation of a Merger) and Section 12 (No Requirement for Employees to Accept Employment in a Different Craft or Class) of the Allegheny-Mohawk labor protective provisions. The moving expenses provided for in Section 8 of the Allegheny-Mohawk labor protective provisions, shall consist of the Moving Expenses provided in Section 5 of this Agreement. In lieu of Section 11 of the Allegheny-Mohawk labor protective provisions, the provisions of Reduction in Force, Section 23, shall apply. If the Company is under Chapter 11 bankruptcy protection during the duration of this Agreement, the Association agrees that only Sections 3 and 13 of the Allegheny-Mohawk labor protective provisions will apply until one (1) year after the implementation of a confirmed plan of reorganization in such Chapter 11 case.
2. In addition to the protections specified in Xxxxxxxxx X.0, in the event the Company is merged with another airline whose Flight Attendants are not represented by the Union, the Flight Attendants covered hereunder shall, upon such merger of the airlines, be provided labor protective provisions no less favorable than the labor protective provisions as contained in Sections 3 and 13 of the Allegheny-Mohawk merger.
Labor Protective Provisions. SUB-RECIPIENT shall fully cooperate with PHOENIX in meeting the legal requirements of the labor protective provisions of Section 5333(b) of Title 49 U.S. Code [formerly Section 13(c) of the Federal Transit Act of 1964, as amended (49 U.S.C. 1609)] and the Labor Agreements and side letters currently in force and certified by the United States Department of Labor. Changes, including changes in service and any other changes that may adversely affect transit employees, shall be made only after due consideration of the impact of such changes on Section 5333(b) protections granted to employees. SUB-RECIPIENT shall defend and indemnify PHOENIX from any and all claims and losses due, or alleged to be due, in whole or in part, to the consequences of changes made by SUB-RECIPIENT, that were not requested by PHOENIX which result in grievances, claims and/or liability.
Labor Protective Provisions. 1. The following provisions apply in the case of a successorship transaction, as described in 4.B., above, in which the Successor is an air carrier or any corporate affiliate of an air carrier. The Flight Attendant groups shall be merged in accordance with the following:
a. The integration of the seniority lists of the respective Flight Attendant groups shall be governed by the Association Merger policy if both pre-transaction Flight Attendant groups are represented by the Association. If the other pre-transaction Flight Attendant group is not represented by the Association, then the lists will be merged according to the Flight Attendants’ dates of hire at their respective carrier or predecessor carrier (in the event of a previous merger). The Successor shall accept the integrated seniority list.
b. The respective Flight Attendant collective bargaining agreements shall be merged into one (1) agreement as the result of negotiations among the Flight Attendant groups and the Successor; provided, however, that there will be no system-wide realignment of Flight Attendant positions or system re-bid as a result of the merger of the seniority lists or collective bargaining agreements resulting in Flight Attendants on the Alaska Airlines System Seniority List being involuntarily displaced or "bumped" out of her/his domicile by pre-transaction employees of the Successor. This provision does not prevent the closing of a domicile, reduction of the number of Flight Attendants in a domicile, reduction of flying by the Successor or any other such actions that may result in a furlough or a lay-off of any Flight Attendants on the merged seniority list of the Successor.
c. The aircraft (including all orders and options to purchase aircraft) and operations of each pre-transaction airline shall remain separated until such time as both the Flight Attendant System Seniority Lists are integrated and the Flight Attendant collective bargaining agreements are combined in accordance with C.1.a. and C.1.b., above.
d. If there is no collective bargaining representative for the Flight Attendants at the Successor carrier, the Successor must, to the extent that it continues to fly routes operated by the Company at or above pre- acquisition levels, offer employment to the Flight Attendants covered by this Collective Bargaining Agreement. Such offer of employment must be made prior to the integration of the aircraft and operations of the pre-transaction airlines. Nothing in this provision,...
Labor Protective Provisions. (a) IAM Personnel on the System Seniority List will be provided with the same labor protective provisions specified by the Civil Aeronautics Board in Sections 2, 3 and 13 only of the Allegheny- Mohawk merger conditions as amended (hereafter “LPP”) as a material and irrevocable written condition of any future merger or acquisition, as defined by Section 2(a) of said LPP, involving the Company. The written condition to provide those personnel the Hawaiian Airlines IAM System Seniority List with said LPP shall be embodied in a signed agreement between/among the parties to the transaction, which shall specifically:
i. Bind all parties to the transaction, including the Company and any successor of the Company, to assume and carry out the obligation to provide such personnel with said LPP as a material and irrevocable condition of entering into, concluding and implementing their transaction.
ii. Provide that the Association of Machinists and Aerospace Workers and its members on the Hawaiian Airline System Seniority List shall have all necessary and required rights and standing to invoke said LPP, and to take such action as is necessary to enforce the application of said LPP, against all parties to the transaction, including the Company and any successor of the Company; provided that, with respect to the integration of seniority lists between/among two (2) or more groups represented by the International Association of Machinists and Aerospace Workers, the merger policy shall be applied according to its terms before Section 13 of said LPP may be invoked as to any dispute or controversy over integration of seniority lists, and that Section 13 may be invoked on behalf of the International Association of Machinists and Aerospace Workers members on the Hawaiian Airlines System Services List only by the Association as bargaining representative.
iii. Provide that the Association and the affected International Association of Machinists and Aerospace Workers members on the Hawaiian Airlines System Services List shall be entitled to a remedy of specific performance, including injunctive relief, against all parties to the transaction, including the Company and any successor of the Company, to enforce the application of said LPP.
(b) The signed agreement required by paragraph 3.4 a. shall be provided to the Association within 72 hours of signing any agreement or other legally binding merger or acquisition commitment.
Labor Protective Provisions. 1. In the event of a merger of the Company with another airline which affects the seniority rights of Flight Attendants on the Company’s Flight Attendant System Seniority List, provisions will be made for the integration of seniority lists in a fair and equitable manner. The integration of the seniority lists of the respective Flight Attendant groups shall be governed by the Association merger policy if both pre-transaction Flight Attendant groups are represented by the Association. If the other pre-transaction Flight Attendant group is not represented by the Association, then Sections 3 and 13 of the Allegheny-Mohawk LPPs shall apply. The Surviving Entity shall accept the integrated seniority list established through the Association merger policy or LPP proceedings subject to the following conditions:
a. no "system flush" whereby an active Flight Attendant may displace any other active Flight Attendant from the latter’s position; and
b. furloughed Flight Attendant may not bump/displace active Flight Attendants; and
c. no requirement for Flight Attendants to be compensated for flying not performed; and
d. does not contain conditions and restrictions that materially increase costs associated with training or company paid moves.
2. Except as required by law, the Company agrees that it will not accept or implement an integrated Flight Attendant System Seniority List unless it has been established pursuant to this Section.
Labor Protective Provisions. 1. In the event of a merger of the Company with another airline, which affects the seniority rights of Flight Attendants on the Company's Flight Attendant System Seniority List, provisions will be made for the integration of seniority lists in a fair and equitable manner. The integration of the seniority lists of the respective Flight Attendant groups shall be governed by the Association merger policy if both pre- transaction Flight Attendant groups are represented by the Association. If the other pre-transaction Flight Attendant group is not represented by the Association, then Sections 3 and 13 of the Allegheny-Mohawk LPPs shall apply. The Surviving Entity shall accept the integrated seniority list established through the Association merger policy or LPP proceedings.
2. In the event of a merger or acquisition involving the Company, the Company will meet and confer with the Association concerning any matters that affect the Flight Attendants covered by this Agreement.
3. The Company agrees that it will not accept or implement an integrated Flight Attendant System Seniority List unless it has been established pursuant to this Section.
Labor Protective Provisions. TEMPE shall fully cooperate with PHOENIX in meeting the legal requirements of the labor protective provisions of Section 5333(b) of Title 49 U.S. Code (formerly Section 13(c) of the Federal Transit Act) and the Labor Agreements and side letters currently in force and certified by the United States Department of Labor. Changes, including changes in service and any other changes that may adversely affect transit employees, shall be made only after due consideration of the impact of such changes on Section 5333(b) protections granted to employees. PHOENIX shall defend and indemnify TEMPE from any and all claims and losses due, or alleged to be due, in whole or in part, to the consequences of changes made by PHOENIX, that were not requested by TEMPE which result in grievances, claims and/or liability.
Labor Protective Provisions. The Company shall not enter into any agreement to a Successor Transaction unless the other party to the transaction agrees in writing, as a condition of the transaction, to (1) provide Labor Protective Provisions for Republic Airline Flight Attendants no less favorable than the Labor Protective Provisions specified by the CAB in Sections 3 and 13 of Allegheny-Mohawk relating to fair and equitable seniority
ARTICLE 1 RECOGNITION AND SCOPE ARTICLE 2 DEFINITIONS
Labor Protective Provisions. Amend the ESSC Agreement to delete all Labor Protective Provisions (“LPPs”) in the letters of agreement: ESSC LOA A. 38 with the exception of Sections 2, 3 and 13 relating to the fair and equitable integration of seniority.
Labor Protective Provisions. 1. The Flight Attendants will be provided with the same labor protective provisions specified by the Civil Aeronautics Board in Sections 2., 3., and 13. only of the Allegheny-Mohawk merger conditions as amended (herein “LPP”) as a material and irrevocable written condition of any future merger or acquisition, as defined by Section 2.a. of said LPP, involving the Company. The written condition to provide the Flight Attendants with said LPP shall be embodied in a signed agreement between/among the parties to the transaction, which shall specifically:
a. Bind all parties to the transaction, including the Company and any successor of the Company, to assume and carry out the obligation to provide the Flight Attendants with said LPP as a material and irrevocable condition of entering into, concluding and implementing this transaction.
b. Provide that the Association and affected Flight Attendants shall have all necessary and required rights and standing to invoke said LPP, and to take such action as is necessary to enforce the application of said LPP, against all
SECTION 1: RECOGNITION, SCOPE, AND JOB SECURITY
c. Provide that the Association and the affected Flight Attendants shall be entitled to a remedy of specific performance, including injunctive relief, against all parties to the transaction, including the Company and any successor of the Company, to enforce the application of said LPP.
2. The signed agreement required by paragraph 1. above shall be provided to the Association within seventy-two (72) hours of signing any agreement or other legally binding merger or acquisition commitment.
