Common use of Successorship and Mergers Clause in Contracts

Successorship and Mergers. 1. This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-step related transactions. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship transaction, whether by sale, transfer or lease of the Company or substantially all of its assets, will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, and employees on the then current mechanic and related seniority list will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company and another air carrier the Company will require, as a condition of any such operational merger that provisions be included requiring that the surviving carrier provide for fair and equitable integration of the pre-merger mechanic and related seniority list in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article and Section 6 of the Railway Labor Act. Integration of the mechanic and related craft and class groups shall not occur until the applicable seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or class. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic and related seniority list. 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-merger Company mechanic and related employees, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. c. The maintenance operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completed. During such time of separate operations, mechanic and related employees shall not be interchanged without the Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Successorship and Mergers. 1. This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-step related transactionstransactions which close within a twelve (12) month period. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship transaction, whether by sale, transfer or lease of the Company or substantially all of its assets, will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, and employees on the then current mechanic technician and related seniority list will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company and another air carrier the Company will require, as a condition of any such operational merger that provisions be included requiring that the surviving carrier provide for fair and equitable integration of the pre-merger mechanic technician and related seniority list in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article and Section 6 of the Railway Labor Act. Integration of the mechanic technician and related craft and class groups shall not occur until the applicable seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or class. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic technician and related seniority list. 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-merger Company mechanic technician and related employees, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. c. The maintenance operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completed. During such time of separate operations, mechanic and related employees shall not be interchanged without the Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union Union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information. bc. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Tentative Agreement, Collective Bargaining Agreement

Successorship and Mergers. 1. This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-step related transactions. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship transaction, whether by sale, transfer or lease of the Company or substantially all of its assets, will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, and employees on the then current mechanic technician and related and flight simulator technician seniority list lists will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company and another air carrier carrier, the Company will require, as a condition of any such operational merger merger, that provisions be included requiring that the surviving carrier provide for fair and equitable integration of the pre-merger mechanic technician and related and flight simulator technician seniority list lists in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPsXxXxxxxxx-Xxxx Xxxxxxxxx, 00 X.X.X § 00000. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article and Section 6 of the Railway Labor Act. Integration of the mechanic and related craft and class groups shall not occur until the applicable seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or class. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic and related seniority list. 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-merger Company mechanic and related employees, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. c. The maintenance operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completed. During such time of separate operations, mechanic and related employees shall not be interchanged without the Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Successorship and Mergers. 1. This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-step related transactionstransactions which close within a twelve (12) month period. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship transaction, whether by sale, transfer or lease of the Company or substantially all of its assets, will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, and employees on the then current mechanic and related seniority list will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company and another air carrier the Company will require, as a condition of any such operational merger that provisions be included requiring that the surviving carrier provide for fair and equitable integration of the pre-merger mechanic and related seniority list in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article and Section 6 of the Railway Labor Act. Integration of the mechanic technician and related craft and class groups shall not occur until the applicable seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or class. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic and related seniority list. 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-merger Company mechanic technician and related employees, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. Subject to applicable securities and other laws and regulations, the Company will review with the Union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information. c. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. c. d. The maintenance operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completed. During such time of separate operations, mechanic technician and related employees shall not be interchanged without the Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Successorship and Mergers. 1. This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance accor- dance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-step related transactions. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship succes- sorship transaction, whether by sale, transfer or lease of the Company or substantially all of its assets, will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing imple- xxxxxxx such transaction that the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, and employees on the then current mechanic technician and related and flight simulator technician seniority list lists will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaserpur- chaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company and another air carrier carrier, the Company will require, as a condition of any such operational merger merger, that provisions provi- sions be included requiring that the surviving carrier provide for fair and equitable integration of the pre-merger mechanic technician and related seniority list and flight simulator technician senior- ity lists in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPsXxXxxxxxx-Xxxx Amendment, 49 U.S.C § 42112. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article and Section 6 of the Railway Labor Act. Integration of the mechanic technician and related and flight simulator craft and class groups shall not occur until the applicable seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft crafts or classclasses. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic technician and related and flight simulator technician seniority listlists. 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuatedeffec- tuated, the Union will continue to be recognized as the representative of the pre-merger Company mechanic technician and related and flight simulator employees, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative repre- sentative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPsXxXxxxxxx-Xxxx Amendment, 49 U.S.C § 42112. c. The maintenance operations and flight simulator opera- tions of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completedcom- pleted. During such time of separate operations, mechanic technician and related and flight simulator technician employees shall not be interchanged without the Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information.and

Appears in 1 contract

Samples: Collective Bargaining Agreement

Successorship and Mergers. 1. This Agreement including the rates of pay, rules and working conditions set forth in this Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the a Company through a single transaction or multi-step related transactionstransaction which closes within a twelve (12) month period. 2. No The Company shall not enter into any contract or other legally binding commitment involving which would result in the sale, lease or transfer of ownership or control pursuant to a successorship transaction, whether by sale, transfer or lease of the Company all or substantially all of its assetsthe Company’s assets (whether in a single transaction or set of related transactions closing within any twelve (12) month period), will be signed or otherwise entered into unless it is agreed unless, as a material and irrevocable condition of entering intosuch agreement, concluding and implementing such transaction that the purchaser, transferee or lessee agrees to hire the employees on the then-current USA 3000 Pilots’ System Seniority List, assume this Agreement (including the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, therein) and to maintain and merge post-transaction operations and employees on the then current mechanic and related seniority list will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, Union at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company or a subsidiary of the Company and another air carrier carrier, the Company or subsidiary of the Company will require, as a condition of any such operational merger that provisions be included requiring that the surviving carrier shall provide for fair and equitable integration of the pre-merger mechanic and related Pilots’ seniority list lists in accordance with Sections Articles 3 and 13 only of the Allegheny Mohawk LPPs. In any arbitration proceeding under Section 13, the arbitrator shall have authority only to determine a fair and equitable integration of the seniority lists and shall not have authority to impose layoff restrictions, pay protection provisions or any other labor protective provisions other than those already provided for in this Agreement. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article and Section 6 of the Railway Labor Act. Integration of the mechanic and related craft and class Pilot groups shall not occur until the applicable Pilot seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or class. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic and related seniority list. 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, or subsidiary of the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-merger Company mechanic and related employeesPilots, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. In advance of any operational integrationSubject to applicable securities and other laws and regulations, the Company will, in a timely manner upon request, review with the Union any of the terms of the transaction material to the implementation and administration of the terms of this Agreement, provided that no financial or other confidential business information need be disclosed unless the Company or the surviving carrier, carrier if different than from the Company, will accept Company seeks changes in the integrated seniority list accomplished in accordance with Sections 3 terms and 13 conditions of the Allegheny Mohawk LPPsthis Agreement based upon a claim of financial hardship. c. The maintenance operations flying operations, routes and the Pilot groups of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) paragraph b. above is completed and (4) above the seniority lists of the two Pilot groups are integrated in accordance with Sections 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions are completed. During such time of separate operations, mechanic and related employees neither aircraft nor Pilots shall not be interchanged without the Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) paragraph c. above are completed, no employee Pilot covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition; provided, however, that this provision shall not protect any Pilot from reduction in status or pay category as a result of business, economic or other conditions other than the merger, purchase or acquisition. e. During the period of separate operations, Pilots on the USA 3000 Pilots’ System Seniority List prior to the merger, purchase, or acquisition shall operate all aircraft listed on the Company’s or subsidiary’s FAA Operations Specification at the time of the public announcement of the transaction and all aircraft thereafter acquired by the Company or subsidiary, other than as a result of the transaction; provided, however, that (a) nothing herein shall be construed to prevent fleet reductions which are attributable to economic or other reasons and conditions not related to the transaction or the retirement of existing aircraft in the normal course of business; and (b) where the Company acquires an aircraft which was on firm order or to replace an aircraft which was on the FAA Operating Specification of the other party to the transaction at the time of the public announcement of the transaction, Pilots on the other party’s seniority list may operate such aircraft. f. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraphSection. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Successorship and Mergers. 1. This Agreement including the rates of pay, rules and working conditions set forth in this Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor Successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the a Company through a single transaction or multi-step related transactionstransaction which closes within a twelve (12) month period. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship Successorship transaction, whether by sale, transfer or lease of the Company Company, Parent or Subsidiary of the Parent, or substantially all of its assetsthe assets of any entity, will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that this Agreement including the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, employer and employees on the then current mechanic and related Chautauqua Airlines system seniority list will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company and another air carrier the Company will require, as a condition of any such operational merger that provisions be included requiring that the surviving carrier shall provide for fair and equitable integration of the pre-merger mechanic and related pilots’ seniority list lists in accordance with Sections Articles 3 and 13 of the Allegheny Mohawk LPPs. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article and Section 6 of the Railway Labor Act. Integration of the mechanic and related craft and class pilot groups shall not occur until the applicable pilot seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or class. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic and related seniority list. 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-merger Company mechanic and related employeespilots, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. c. The maintenance operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completed. During such time of separate operations, mechanic and related employees shall not be interchanged without the Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union the details of any material agreements relating to successorship Successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information. c. The operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraph b above is completed and the seniority lists of the two pilot groups are integrated in accordance with Sections 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions are completed. During such time of separate operations, neither aircraft nor pilots shall be interchanged without the Union’s written consent. d. Until the processes described in paragraph c above are completed, no flight deck crew member covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. During the period of separate operations pilots on the Chautauqua Pilots System Seniority List prior to the merger, purchase, or acquisition shall operate all aircraft on hand at the Company, all aircraft on firm order to the Company and all aircraft acquired by the Company other than as a result of the transaction after public announcement of the acquisition

Appears in 1 contract

Samples: Collective Bargaining Agreement (Republic Airways Holdings Inc)

Successorship and Mergers. 1. This Agreement including the rates of pay, rules and working conditions set forth in this Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor Successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the a Company through a single transaction or multi-step related transactionstransaction which closes within a twelve (12) month period. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship Successorship transaction, whether by sale, transfer or lease of the Company Company, Parent or Subsidiary of the Parent, or substantially all of its assets, the assets of any individual entity will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that this Agreement including the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, employer and the successor employer shall employ the employees on the then current mechanic and related seniority list will be employed Republic Airways Pilots System Seniority List in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor xxxxxx executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company and another air carrier Air Carrier, the Company will require, as a condition of any such operational merger merger, that provisions be included requiring that the surviving carrier shall employ all employees on the Republic Airways Pilots System Seniority List in accordance with the statutory status quo consisting of the rates of pay, rules and working conditions set forth in this Agreement, and to provide for fair and equitable integration of the pre-merger mechanic and related Pilots’ seniority list lists in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article and Section 6 of the Railway Labor Act. Integration of the mechanic and related craft and class pilot groups shall not occur until the applicable pilot seniority lists are merged pursuant to procedures as described in H.3 above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or class. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic and related seniority list. 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-merger Company mechanic and related employeesPilots, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. In advance of any operational integrationSubject to applicable securities and other laws and regulations, the Company or surviving carrier, if different than will review with the Union the details concerning the Company’s compliance with the obligations of H.2, will accept H.3 and H.5.a above and matters directly impacting the integrated seniority list accomplished Pilot group of any material agreements for Successorship transactions in accordance a timely manner reasonably in advance of, but in any event no later than seven days prior to, the execution of any agreement governing the Successorship transaction, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information. The Company shall provide the Union with Sections 3 and 13 a copy of the Allegheny Mohawk LPPsexecuted agreement, with financial and other confidential terms not directly impacting the Pilot group redacted to the extent those terms are redacted in filings pursuant to securities and other laws and regulations, no later than seven days following the execution of the Agreement, regardless of whether the agreement will be effective at a later date or that its effectiveness is subject to a condition subsequent to the execution of the agreement. c. The maintenance operations of the Company and those of the other air carrier Air Carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) this Section H are completed and (4) above the seniority lists of the two pilot groups are completedintegrated in accordance with Sections 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions. During such time of separate operations, mechanic operations aircraft and related employees pilots shall not be interchanged without the Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) paragraph c above are completed, no employee flight deck crew member covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. During the period o separate operations Pilots on the Republic Airways Pilots System Seniority List prior to the merger, purchase, or acquisition shall operate all aircraft on hand at the Company, all aircraft on firm order to the Company and all aircraft acquired by the Company other than as a result of the transaction after public announcement of the acquisition in accordance with this Agreement, provided however that nothing herein shall be construed to prevent fleet reductions which are attributable to economic or other reasons and conditions not related to the transaction, or the retirement of existing aircraft in the normal course of business. f. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraphArticle. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Successorship and Mergers. 1. This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-step related transactions. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship transaction, whether by sale, transfer or lease of the Company or substantially all of its assets, will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, and employees on the then current mechanic and related flight attendant seniority list will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company and another air carrier the Company will require, as a condition of any such operational merger that provisions be included requiring that the surviving carrier provide for fair and equitable integration of the pre-merger mechanic and related flight attendant seniority list in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article Section of this Agreement and Section 6 of the Railway Labor Act. Integration of the mechanic and related craft and class flight attendant groups shall not occur until the applicable seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or class. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic and related flight attendant seniority list. 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-pre- merger Company mechanic and related employeesflight attendants, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. Subject to applicable securities and other laws and regulations, the Company will review with the Union the details of any material agreements relating to successor-ship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information. c. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. c. d. The maintenance inflight operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completed. During such time of separate operations, mechanic and related employees flight attendants shall not be interchanged without the Union’s written consent. d. e. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information.paragraphs

Appears in 1 contract

Samples: Collective Bargaining Agreement

Successorship and Mergers. The purpose of this subsection is to ensure, that the privileges and benefits gained through the collective bargaining process with the Company are preserved and that any and all successors or assigns are bound by the provisions of this Agreement, as a result of any corporate transactions of the Company and that the provisions of this Agreement shall not be abrogated by such corporate transactions. 1. This Agreement Agreement, including the rates of pay, rules and working conditions set forth in this Agreement, shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as -as amended. For purposes of this paragraphsubsection, a successor Successor or assign Assign shall be defined as an entity which acquires all or substantially all of the assets assets, or a controlling interest of the equity of the Company through a single transaction or multi-step related transactionstransaction which closes within a twenty-four (24) month period. In the case of a sale of the equity of the Company, this Agreement shall continue to be binding on the Company to the extent permitted by law. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to of a successorship transactionmajority of the equity or assets of the company, whether by sale, transfer directly or lease indirectly through any subsidiary or parent of the Company company or substantially all of its assetstheir affiliates, will shall be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that the rates of pay, rules and working conditions set forth in this Agreement will shall be assumed by the successor employer, employer and employees on the then current mechanic and related seniority list will Amerijet PFE Seniority List shall be employed in accordance with the provisions of this Agreement. The Company , except if such transaction constitutes a covered transaction under the XxXxxxxxx-Xxxx Amendment, in which case the following provisions in section 3 3-9 shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein describedapply. 3. In the event of a merger of airline operations between With respect to any corporate transaction involving the Company and another air carrier(s) that results in the combination of the PFE groups of each air carrier under the Railway Labor Act, if the IBT represents the PFEs at each of the air carriers the IBT’s internal policies regarding integration in effect at the time, if any, will apply to the integration of the two PFE groups. 4. If the Company is the surviving or combined carrier and the IBT’s internal policies regarding integration are not applied to the integration of the two PFEs groups, the Company will require, as accept a condition of any such operational merger that provisions be included requiring that voluntarily negotiated or arbitrated integrated seniority list from the surviving carrier provide for fair and equitable integration PFE group parties at each of the pre-merger mechanic combination air carriers. If the PFE group parties do not voluntarily present such a list to the Company and related seniority list the Company is the responsible surviving or combined carrier, the Company will engage in accordance arbitration with Sections 3 and those groups as provided for in Section 13 of the Allegheny labor protective provisions imposed by the Civil Aeronautics Board in the Allegheny- Mohawk LPPsmerger (as published at 59 C.A.B. 45). 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article and Section 6 of the Railway Labor Act5. Integration of the mechanic and related craft and class crewmember groups shall not occur until on the applicable date and in the manner provided for in the IBT’s internal integration policy if applicable, or as provided in any negotiated or arbitrated agreement between the affected PFE groups presented to the Company as the surviving or combined carrier. If there is no negotiated or arbitrated agreement concerning the date and manner of integration of the seniority lists are merged pursuant lists, the date and manner of integration will be determined according to the procedures as described above, but shall not be before the National Mediation Board issues its ruling on whether the post- transaction carriers comprise a single transportation system and agreement certifies the union, if any, that is reached over rates the duly designated representative of pay, rules, and working conditions for the post-merger PFE craft or class. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear class on the Company’s mechanic and related seniority listthat transportation system. 56. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union will shall continue to be recognized as the representative of the pre-merger Company mechanic crewmembers and related employeesthis Agreement shall continue to apply, so long as such recognition is consistent with the Railway Labor Act Act, as amended, and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. In advance 7. With respect to any corporate transaction involving the Company and another air carrier(s) that results in the combination of the PFE groups of each air carrier under the Railway Labor Act, until any operational integrationmerger is finally effectuated, including the Company or surviving carrier, if different than the Company, will accept the integrated integration of seniority list accomplished lists in accordance with Sections 3 this Section 3, the aircraft operated by PFEs on the Amerijet PFEs System Seniority List shall continue to be flown by such PFEs and 13 of the Allegheny Mohawk LPPs. c. The maintenance operations of the Company and those of the other air carrier no such PFEs shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completed. During such time of separate operations, mechanic and related employees shall not be interchanged without the Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be furloughed or reduced in status or pay category as an effect of the operational merger, purchase unless otherwise provided for in the IBT’s internal integration policy if applicable or acquisitionin any negotiated or arbitrated agreement between the affected PFE groups presented to the Company as the surviving or combined carrier, or as otherwise allowed under Section 1 of this Agreement, and so long as consistent with the Railway Labor Act as amended. e. The Company or surviving carrier8. Negotiations for the amalgamation of the respective individual agreements into a Joint Collective Bargaining Agreement (JCBA) shall occur as provided in the IBT’s internal merger policy, if different than applicable, or as agreed in negotiations or arbitration between the Company, shall meet promptly with the Union upon request to negotiate the implementation PFE groups of the requirements respective carriers. In the absence of an applicable IBT policy on resolution of a combined CBA or a negotiated or arbitrated agreement between the PFE groups on resolution of a combined CBA, negotiations for the JCBA shall not exceed one (1) year from the effective date of the merger of the air carriers, without the mutual consent of the parties. All outstanding items remaining in dispute at the end of this paragraphperiod shall be submitted to binding Interest Arbitration for resolution. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Successorship and Mergers. 1. This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor Successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-step related transactionstransactions which closes within a twelve (12) month period. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship transaction, whether by sale, transfer or lease of the Company or substantially all of its assets, will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, employer and employees on the then current mechanic and related System seniority list will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company and another air carrier the Company will require, as a condition of any such operational merger that provisions be included requiring that the surviving carrier provide for fair and equitable integration of the pre-merger mechanic and related Pilots’ seniority list lists in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in Section 26 of the Duration Article Agreement and Section 6 of the Railway Labor Act. Integration of the mechanic and related craft and class Pilot groups shall not occur until the applicable Pilot seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or class. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees Pilots whose names appear on the Company’s mechanic and related Pilot system seniority list. 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-merger Company mechanic and related employees, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. c. The maintenance operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completed. During such time of separate operations, mechanic and related employees shall not be interchanged without the Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information.

Appears in 1 contract

Samples: Collective Bargaining Agreement (Gulfstream International Group Inc)

Successorship and Mergers. 1. This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-step related transactions. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship transaction, whether by sale, transfer or lease of the Company or substantially all of its assets, will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, and employees on the then current mechanic and related flight attendant seniority list will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company and another air carrier the Company will require, as a condition of any such operational merger that provisions be included requiring that the surviving carrier provide for fair and equitable integration of the pre-merger mechanic and related flight attendant seniority list in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article Section of this Agreement and Section 6 of the Railway Labor Act. Integration of the mechanic and related craft and class flight attendant groups shall not occur until the applicable seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or class. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic and related flight attendant seniority list. 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-pre- merger Company mechanic and related employeesflight attendants, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. Subject to applicable securities and other laws and regulations, the Company will review with the Union the details of any material agreements relating to successor-ship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information. c. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. c. d. The maintenance inflight operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completed. During such time of separate operations, mechanic and related employees flight attendants shall not be interchanged without the Union’s written consent. d. e. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category furloughed as an effect of the merger, purchase or acquisition. e. f. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. Subject The Company agrees to applicable securities arbitrate any grievance filed by the Union alleging a violation of this Paragraph D on an expedited basis directly before the System Board of Adjustment sitting with a neutral arbitrator mutually acceptable to both parties. If a mutually agreed upon arbitrator cannot be selected within three (3) days of the filing, an arbitrator will be selected pursuant to Section 20 of this Agreement. The dispute shall be heard no later than thirty (30) days following the submission to the system board (subject to the availability of the arbitrator), and other laws and regulationsshall be decided no later than thirty (30) days following submission, unless the Company will review with the union the details of any material agreements relating to successorship transactions parties agree otherwise in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such informationwriting.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Successorship and Mergers. 1. This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor or assign shall be defined as an entity which acquires requires all or substantially all of the assets or of equity of the Company through a single transaction or multi-step related transactionstransactions which close within a 12 month period. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship transaction, whether by sale, transfer transfer, or lease of the Company or substantially all of its assets, will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding concluding, and implementing such transaction that the rates of pay, rules rules, and working conditions set forth in this Agreement agreement will be assumed by the successor employer, employer and employees on the then current mechanic and related seniority list will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company and another other air carrier carrier, the Company will require, as a condition of any such operational operation merger that provisions be included requiring that the surviving carrier provide for fair and equitable integration of the pre-merger mechanic and related Flight Attendants’ seniority list in accordance with Sections Section 3 and 13 of the Allegheny Mohawk LPPs. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article Section of this Agreement and Section 6 of the Railway Labor Act, as amended. Integration of the mechanic and related craft and class Flight Attendant groups shall not occur until the applicable Flight Attendant seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or class. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees Flight Attendants whose names appear on the Company’s mechanic and related seniority listFlight Attendant System Seniority List. 5. The following additional requirements shall be applicable in the event of a merger, purchase purchase, or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-merger Company mechanic and related employeescompany Flight Attendants, so long as such recognition is consistent with the Railway Labor Act Act, as amended, and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act Act, as amended, and by any applicable rulings or orders of the National Mediation Board. b. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. c. The maintenance operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completed. During such time of separate operations, mechanic and related employees shall not be interchanged without the Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union Union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information. c. In advance of any operational integration, the Company or surviving carrier, if different, will accept the integrated seniority list accomplished in accordance with Section 3 and 13 of the Allegheny Mohawk LLPs. d. The inflight operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in E.3. and E.4., above, are completed. During such time of separate operations, Flight Attendants shall not be interchanged without the Union’s written consent. e. Until the processes described in E.3. and E.4., above, are completed, no Flight Attendant covered by this Agreement shall be furloughed as an effect of the merger, purchase, or acquisition. f. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Successorship and Mergers. 1. This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance accor- dance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-step related transactions. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship succes- sorship transaction, whether by sale, transfer or lease of the Company or substantially all of its assets, will be willbe signed or otherwise entered into unless it is agreed isagreed as a material and irrevocable condition of entering into, concluding and implementing imple- xxxxxxx such transaction that the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, and employees on the then current mechanic technician and related and flight simulator technician seniority list lists will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaserpur- chaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein describedwithrespect toatransactionashereindescribed. 3. In the event of a merger of airline operations between the Company and another air carrier carrier, the Company will require, as a condition of any such operational merger merger, that provisions provi- sions be included requiring that the surviving carrier provide for fair and equitable integration of the pre-merger mechanic technician and related seniority list in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPsflight simulator technician senior- ity lists inaccordance withthe XxXxxxxxx-Xxxx Amendment, 49 U.S.C § 42112. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article and Section 6 of the Railway Labor Act. Integration of the mechanic technician and related and flight simulator craft and class groups shall not occur until the applicable seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or classcrafts orclasses. Prior to such tosuch agreement, the terms and conditions theterms andconditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic technician and related and flight simulator technician seniority listlists. 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuatedeffec- tuated, the Union will continue to be recognized as the representative of the pre-merger Company mechanic technician and related and flight simulator employees, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative repre- sentative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPsXxXxxxxxx-Xxxx Amendment, 49 U.S.C § 42112. c. The maintenance operations and flight simulator opera- tions of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completedcom- pleted. During such time of separate operations, mechanic technician and related and flight simulator technician employees shall not be interchanged without the notbeinterchangedwithoutthe Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information.and

Appears in 1 contract

Samples: Collective Bargaining Agreement

Successorship and Mergers. 1. This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-step related transactions. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship transaction, whether by sale, transfer or lease of the Company or substantially all of its assets, will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, and employees on the then current mechanic and related flight attendant seniority list will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company and another air carrier the Company will require, as a condition of any such operational merger that provisions be included requiring that the surviving carrier provide for fair and equitable integration of the pre-merger mechanic and related flight attendant seniority list in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article Section of this Agreement and Section 6 of the Railway Labor Act. Integration of the mechanic and related craft and class flight attendant groups shall not occur until the applicable seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or class. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic and related flight attendant seniority list. 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-pre- merger Company mechanic and related employeesflight attendants, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. Subject to applicable securities and other laws and regulations, the Company will review with the Union the details of any material agreements relating to successor- ship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information. c. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. c. d. The maintenance inflight operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completed. During such time of separate operations, mechanic and related employees flight attendants shall not be interchanged without the Union’s written consent. d. e. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category furloughed as an effect of the merger, purchase or acquisition. e. f. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. Subject The Company agrees to applicable securities arbitrate any grievance filed by the Union alleging a violation of this Paragraph D on an expedited basis directly before the System Board of Adjustment sitting with a neutral arbitrator mutually acceptable to both parties. If a mutually agreed upon arbitrator cannot be selected within three (3) days of the filing, an arbitrator will be selected pursuant to Section 20 of this Agreement. The dispute shall be heard no later than thirty (30) days following the submission to the system board (subject to the availability of the arbitrator), and other laws and regulationsshall be decided no later than thirty (30) days following submission, unless the Company will review with the union the details of any material agreements relating to successorship transactions parties agree otherwise in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such informationwriting.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Successorship and Mergers. 1. This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraphParagraph, a successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-step related transactions. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship transaction, whether by sale, transfer or lease of the Company or substantially all of its assets, will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, and employees on the then current mechanic and related seniority list Flight Attendant Seniority List will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company and another air carrier the Company will require, as a condition of any such operational merger that provisions be included requiring that the surviving carrier provide for fair and equitable integration of the pre-merger mechanic and related Flight Attendant seniority list in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs.XxXxxxxxx-Xxxx Amendment, 42 U.S.C. Section 42112.‌ 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article Section of this Agreement and Section 6 of the Railway Labor Act. Integration of the mechanic and related craft and class Flight Attendant groups shall not occur until the applicable seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or class. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic and related seniority list.Flight Attendant System Seniority List.‌ 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-merger Company mechanic and related employeesFlight Attendants, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board.Board.‌ b. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. c. The maintenance operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completed. During such time of separate operations, mechanic and related employees shall not be interchanged without the Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union Union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information. c. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with the XxXxxxxxx-Xxxx Amendment, 42 U.S.C. Section 42112. d. The inflight operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in Paragraphs B.3. and B.4. above, are completed. During such time of separate operations, Flight Attendants shall not be interchanged without the Union’s written consent. e. Until the processes described in Paragraphs B.3. and B.4. above are completed, no employee covered by this Agreement shall be furloughed as an effect of the merger, purchase or acquisition.‌ f. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this Paragraph. 6. The Company agrees to arbitrate any grievance filed by the Union alleging a violation of this Section on an expedited basis directly before the System Board of Adjustment sitting with a neutral arbitrator mutually acceptable to both parties. If a mutually agreed upon arbitrator cannot be selected within three (3) days of the filing, an arbitrator will be selected pursuant to Section 24 of this Agreement (System Board of Adjustment). The dispute shall be heard no later than thirty (30) days following the submission to the System Board (subject to the availability of the arbitrator), and shall be decided no later than thirty (30) days following submission, unless the parties agree otherwise in writing.

Appears in 1 contract

Samples: Flight Attendant Agreement

Successorship and Mergers. 1. This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-multi- step related transactions. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship transaction, whether by sale, transfer or lease of the Company or substantially all of its assets, will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, and employees on the then current mechanic and related flight attendant seniority list will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company and another air carrier the Company will require, as a condition of any such operational merger that provisions be included requiring that the surviving carrier provide for fair and equitable integration of the pre-merger mechanic and related flight attendant seniority list in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article Section of this Agreement and Section 6 of the Railway Labor Act. Integration of the mechanic and related craft and class flight attendant groups shall not occur until the applicable seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or class. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic and related flight attendant seniority list. 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-pre- merger Company mechanic and related employeesflight attendants, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. c. The maintenance operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completed. During such time of separate operations, mechanic and related employees shall not be interchanged without the Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union Union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information. c. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. d. The inflight operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (B) (3) and (4) above are completed. During such time of separate operations, flight attendants shall not be interchanged without the Union’s written consent. e. Until the processes described in paragraphs B. 3 and 4 above are completed, no employee covered by this Agreement shall be furloughed as an effect of the merger, purchase or acquisition. f. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. The Company agrees to arbitrate any grievance filed by the Union alleging a violation of this Paragraph B on an expedited basis directly before the System Board of Adjustment sitting with a neutral arbitrator mutually acceptable to both parties. If a mutually agreed upon arbitrator cannot be selected within three (3) days of the filing, an arbitrator will be selected pursuant to Section 22 of this Agreement. The dispute shall be heard no later than thirty (30) days following the submission to the system board (subject to the availability of the arbitrator), and shall be decided no later than thirty (30) days following submission, unless the parties agree otherwise in writing.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Successorship and Mergers. 1. This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance accor- dance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-step related transactions. 2. No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship succes- sorship transaction, whether by sale, transfer or lease of the Company or substantially all of its assets, will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing imple- xxxxxxx such transaction that the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, and employees on the then current mechanic technician and related and flight simulator technician seniority list lists will be employed in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaserpur- chaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described. 3. In the event of a merger of airline operations between the Company and another air carrier carrier, the Company will require, as a condition of any such operational merger merger, that provisions provi- sions be included requiring that the surviving carrier provide for fair and equitable integration of the pre-merger mechanic technician and related seniority list and flight simulator technician senior- ity lists in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPsXxXxxxxxx-Xxxx Xxxxxxxxx, 00 X.X.X § 00000. 4. In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article and Section 6 of the Railway Labor Act. Integration of the mechanic technician and related and flight simulator craft and class groups shall not occur until the applicable seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft crafts or classclasses. Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic technician and related and flight simulator technician seniority listlists. 5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuatedeffec- tuated, the Union will continue to be recognized as the representative of the pre-merger Company mechanic technician and related and flight simulator employees, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative repre- sentative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board. b. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPsXxXxxxxxx-Xxxx Xxxxxxxxx, 00 X.X.X § 00000. c. The maintenance operations and flight simulator opera- tions of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completedcom- pleted. During such time of separate operations, mechanic technician and related and flight simulator technician employees shall not be interchanged without the Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6. Subject to applicable securities and other laws and regulations, the Company will review with the union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information.and

Appears in 1 contract

Samples: Collective Bargaining Agreement

Successorship and Mergers. 11 . This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amendedamended . For purposes of this paragraphParagraph, a successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-step related transactionstransactions . 22 . No contract or other legally binding commitment involving the transfer of ownership or control pursuant to a successorship transaction, whether by sale, transfer or lease of the Company or substantially all of its assets, will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer, and employees on the then current mechanic and related seniority list Flight Attendant Seniority List will be employed in accordance with the provisions of this AgreementAgreement . The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereofthereof . Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein describeddescribed . 33 . In the event of a merger of airline operations between the Company and another air carrier the Company will require, as a condition of any such operational merger that provisions be included requiring that the surviving carrier provide for fair and equitable integration of the pre-merger mechanic and related Flight Attendant seniority list in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPsXxXxxxxxx-Xxxx Amendment, 42 U .S .C . Section 42112 . 44 . In the event of a merger of airline operations, this Agreement shall be considered to be amendable as provided in the Duration Article Section of this Agreement and Section 6 of the Railway Labor ActAct . Integration of the mechanic and related craft and class Flight Attendant groups shall not occur until the applicable seniority lists are merged pursuant to procedures as described above, and agreement is reached over rates of pay, rules, and working conditions for the post-merger craft or classclass . Prior to such agreement, the terms and conditions of this Agreement shall continue to apply to the employees whose names appear on the Company’s mechanic and related seniority listFlight Attendant System Seniority List . 55 . The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integratedintegrated . a. a . Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-merger Company mechanic and related employeesFlight Attendants, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation BoardBoard . Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation BoardBoard . b. In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs. c. The maintenance operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraphs (D) (3) and (4) above are completed. During such time of separate operations, mechanic and related employees shall not be interchanged without the Union’s written consent. d. Until the processes described in paragraphs (D) (3) and (4) above are completed, no employee covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition. e. The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this paragraph. 6b . Subject to applicable securities and other laws and regulations, the Company will review with the union Union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such informationinformation . c . In advance of any operational integration, the Company or surviving carrier, if different than the Company, will accept the integrated seniority list accomplished in accordance with the XxXxxxxxx-Xxxx Amendment, 42 U .S .C . Section 42112 . d . The inflight operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in Paragraphs B .3 . and B .4 . above, are completed . During such time of separate operations, Flight Attendants shall not be interchanged without the Union’s written consent . e . Until the processes described in Paragraphs B .3 . and B .4 . above are completed, no employee covered by this Agreement shall be furloughed as an effect of the merger, purchase or acquisition . f . The Company or surviving carrier, if different than the Company, shall meet promptly with the Union upon request to negotiate the implementation of the requirements of this Paragraph . 6 . The Company agrees to arbitrate any grievance filed by the Union alleging a violation of this Section on an expedited basis directly before the System Board of Adjustment sitting with a neutral arbitrator mutually acceptable to both parties . If a mutually agreed upon arbitrator cannot be selected within three (3) days of the filing, an arbitrator will be selected pursuant to Section 24 of this Agreement (System Board of Adjustment) . The dispute shall be heard no later than thirty (30) days following the submission to the System Board (subject to the availability of the arbitrator), and shall be decided no later than thirty (30) days following submission, unless the parties agree otherwise in writing .

Appears in 1 contract

Samples: Flight Attendant Agreement

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