Common use of Labor Protective Provisions Clause in Contracts

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. (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- 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/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. (a) IAM Personnel on a. In the System Seniority List will be provided with event of a merger, acquisition, or purchase by United Parcel Service Co. of another company that employs pilots, the same labor protective provisions of Allegheny-Mohawk 59 CAB 22 (1972) shall be applicable to the affected crewmembers, except as specified below: (1) The term employee shall be defined to exclude probationary employees, as well as temporary or part-time employees. (2) The amount of the displacement allowance provided to crewmembers on the UPS/IPA seniority list prior to the merger, acquisition, or purchase shall be calculated based only on the affected crewmember's pay period guarantee and the reduction in compensation must be a direct result of the merger, purchase or acquisition. (3) The dismissal allowance provided by Allegheny- Mohawk shall not be applicable to any crewmember who is deprived of employment as a result of the merger, acquisition, or purchase. Nothing herein shall be construed to deprive a crewmember of benefits payable due to dismissal or furlough by virtue of any other provision of this Agreement. (4) The moving expense provisions of Allegheny- Mohawk shall not be applicable to any crewmember required to relocate as a result of the merger, acquisition, or purchase. Nothing herein shall be construed to deprive a crewmember of moving expenses payable based on other provisions of this Agreement. b. The integration of the seniority lists of the respective pilot groups shall be governed by the Civil Aeronautics Board in Sections 2applicable provisions of Allegheny-Mohawk, 3 59 CAB 22 (1972) and 13 only the Association's merger policy provided that the Company approves the policy or any changes thereto. If the two pilot groups agree on integration of seniority, the Allegheny- Mohawk merger conditions as amended (hereafter “LPP”) as Company reserves the right to object. In the event the Company objects to the agreement between the two pilot groups, the matter will be resolved by a material neutral arbitrator selected by the IPA 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 arbitrator will be selected from a list of seven (7) arbitrators provided by the American Arbitration Association. Each party shall take turns striking names from the list with the initial strike determined by coin toss. All arbitrators on the list shall have experience resolving airline pilot seniority list integration disputes. c. The pilot groups of each carrier shall remain separated until such time as the seniority lists are integrated in accordance with paragraph b. above, and in the event representational disputes are raised by employees or employee organizations, until such disputes are resolved by the National Mediation Board (NMB), provided that this does not preclude the Company's compliance with the NMB's merger policies. Nothing in this section is intended to provide those personnel alter 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 authority of the Company, National Mediation Board to assume and carry out resolve representation disputes in accordance with the obligation to provide such personnel with said LPP as a material and irrevocable condition of entering into, concluding and implementing their transactionRailway Labor Act. 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. (a) IAM Personnel on a. In the System Seniority List will be provided with event of a merger, acquisition, or purchase by United Parcel Service Co. of another company that employs pilots, the same labor protective provisions of Allegheny-Mohawk 59 CAB 22 (1972) shall be applicable to the affected crewmembers, except as specified below: (1) The term employee shall be defined to exclude probationary employees, as well as temporary or part-time employees. (2) The amount of the displacement allowance provided to crewmembers on the UPS/IPA seniority list prior to the merger, acquisition, or purchase shall be calculated based only on the affected crewmember's pay period guarantee and the reduction in compensation must be a direct result of the merger, purchase or acquisition. (3) The dismissal allowance provided by Allegheny-Mohawk shall not be applicable to any crewmember who is deprived of employment as a result of the merger, acquisition, or purchase. Nothing herein shall be construed to deprive a crewmember of benefits payable due to dismissal or furlough by virtue of any other provision of this Agreement. (4) The moving expense provisions of Allegheny- Mohawk shall not be applicable to any crewmember required to relocate as a result of the merger, acquisition, or purchase. Nothing herein shall be construed to deprive a crewmember of moving expenses payable based on other provisions of this Agreement. b. The integration of the seniority lists of the respective pilot groups shall be governed by the Civil Aeronautics Board in Sections 2applicable provisions of Allegheny-Mohawk, 3 59 CAB 22 (1972) and 13 only the Association's merger policy provided that the Company approves the policy or any changes thereto. If the two pilot groups agree on integration of seniority, the Allegheny- Mohawk merger conditions as amended (hereafter “LPP”) as Company reserves the right to object. In the event the Company objects to the agreement between the two pilot groups, the matter will be resolved by a material neutral arbitrator selected by the IPA 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 arbitrator will be selected from a list of seven (7) arbitrators provided by the American Arbitration Association. Each party shall take turns striking names from the list with the initial strike determined by coin toss. All arbitrators on the list shall have experience resolving airline pilot seniority list integration disputes. c. The pilot groups of each carrier shall remain separated until such time as the seniority lists are integrated in accordance with paragraph b. above, and in the event representational disputes are raised by employees or employee organizations, until such disputes are resolved by the National Mediation Board (NMB), provided that this does not preclude the Company's compliance with the NMB's merger policies. Nothing in this section is intended to provide those personnel alter 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 authority of the Company, National Mediation Board to assume and carry out resolve representation disputes in accordance with the obligation to provide such personnel with said LPP as a material and irrevocable condition of entering into, concluding and implementing their transactionRailway Labor Act. 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. (a) IAM Personnel on the System Seniority List 1. The Flight Attendants will be provided with the same labor protective provisions specified by the Civil Aeronautics Board in Sections 2., 3 3., and 13 13. only of the Allegheny- Allegheny-Mohawk merger conditions as amended (hereafter herein “LPP”) as a material and irrevocable written condition of any future merger or acquisition, as defined by Section 2(a) 2.a. of said LPP, involving the Company. The written condition to provide those personnel the Hawaiian Airlines IAM System Seniority List Flight Attendants with said LPP shall be embodied in a signed agreement between/among the parties to the transaction, which shall specifically: i. 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 such personnel the Flight Attendants with said LPP as a material and irrevocable condition of entering into, concluding and implementing their this transaction. ii. b. Provide that the Association of Machinists and Aerospace Workers and its members on the Hawaiian Airline System Seniority List 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 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 WorkersAssociation, the Association merger policy shall be applied according to its terms before Section 13 13. of the said LPP may be invoked as to any dispute or controversy over integration of seniority lists, and that Section 13 13. may be invoked on behalf of the International Association of Machinists and Aerospace Workers members on the Hawaiian Airlines System Services List Flight Attendants only by the Association as bargaining representative. iii. c. Provide that the Association and the affected International Association of Machinists and Aerospace Workers members on the Hawaiian Airlines System Services List 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. (b) 2. The signed agreement required by paragraph 3.4 a. 1. above shall be provided to the Association within 72 seventy-two (72) hours of signing any agreement or other legally binding merger or acquisition commitment.