COLLECTIVE BARGAINING
AGREEMENT
By and Between
AIR METHODS CORPORATION
and
OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, LOCAL 109
Term:
January 1, 2006 through April 30, 2009
Note: In the event this offer is rejected by vote of the membership, the
Company reserves the right to withdraw the offer in whole or in part.
AIR METHODS CORP. and COLLECTIVE BARGAINING AGREEMENT
OPEIU 2006-2009
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TABLE OF CONTENTS
Page No.
ARTICLE 1 - Purpose of Agreement. . . . . . . . . . . . . 3
ARTICLE 2 - Recognition . . . . . . . . . . . . . . . . . 3
ARTICLE 3 - Agency Shop & Check Off . . . . . . . . . . . 4
ARTICLE 4 - Management Rights . . . . . . . . . . . . . . 6
ARTICLE 5 - Non-Discrimination. . . . . . . . . . . . . . 7
ARTICLE 6 - Grievance Procedure . . . . . . . . . . . . . 7
ARTICLE 7 - System Board of Adjustment. . . . . . . . . . 9
ARTICLE 8 - No Strike/No Lockout. . . . . . . . . . . . . 12
ARTICLE 9 - Discipline and Discharge. . . . . . . . . . . 12
ARTICLE 10 - Union Representation. . . . . . . . . . . . . 14
ARTICLE 11 - Seniority List. . . . . . . . . . . . . . . . 15
ARTICLE 12 - Seniority . . . . . . . . . . . . . . . . . . 16
ARTICLE 13 - Reductions in Workforce . . . . . . . . . . . 17
ARTICLE 14 - Job Posting and Bidding . . . . . . . . . . . 19
ARTICLE 15 - Training. . . . . . . . . . . . . . . . . . . 20
ARTICLE 16 - Schedules of Service. . . . . . . . . . . . . 22
ARTICLE 17 - Workover. . . . . . . . . . . . . . . . . . . 23
ARTICLE 18 - Pilot Status. . . . . . . . . . . . . . . . . 25
ARTICLE 19 - Pilot Classifications . . . . . . . . . . . . 25
ARTICLE 20 - Fees & Physical Exams . . . . . . . . . . . . 27
ARTICLE 21 - Moving Expenses . . . . . . . . . . . . . . . 27
ARTICLE 22 - Travel Pay. . . . . . . . . . . . . . . . . . 28
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ARTICLE 23 - Leaves of Absence . . . . . . . . . . . . . . 29
ARTICLE 24 - On-the-Job-Injury . . . . . . . . . . . . . . 32
ARTICLE 25 - Holidays. . . . . . . . . . . . . . . . . . . 33
ARTICLE 26 - Sick Leave. . . . . . . . . . . . . . . . . . 34
ARTICLE 27 - Vacation. . . . . . . . . . . . . . . . . . . 34
ARTICLE 28 - Health Insurance. . . . . . . . . . . . . . . 36
ARTICLE 29 - 401(k) Plan . . . . . . . . . . . . . . . . . 37
ARTICLE 30 - Jury Duty . . . . . . . . . . . . . . . . . . 37
ARTICLE 31 - Bereavement Leave . . . . . . . . . . . . . . 38
ARTICLE 32 - Severance Pay . . . . . . . . . . . . . . . . 38
ARTICLE 33 - Bulletin Boards . . . . . . . . . . . . . . . 39
ARTICLE 34 - General & Miscellaneous . . . . . . . . . . . 40
ARTICLE 35 - Equipment & Facilities. . . . . . . . . . . . 42
ARTICLE 36 - Productive Work Environment . . . . . . . . . 43
ARTICLE 37 - Waiver & Complete Agreement . . . . . . . . . 43
ARTICLE 38 - Savings Clause. . . . . . . . . . . . . . . . 44
ARTICLE 39 - Duration. . . . . . . . . . . . . . . . . . . 45
APPENDIX A - Salary Schedule . . . . . . . . . . . . . . . 46
APPENDIX B - ACCRA Ratings . . . . . . . . . . . . . . . . 49
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PARTIES TO AGREEMENT
This Agreement is entered into between AIR METHODS CORPORATION, hereinafter
called the "Company," and the OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL
UNION, and its LOCAL 109 hereinafter jointly called the "Union" or the "OPEIU."
ARTICLE 1
PURPOSE OF AGREEMENT
--------------------
SECTION 1.1
------------
The purpose of this Agreement is, in the mutual interest of the Company and
its Pilots, to provide for the operation of the services of the Company
under methods which will further, to the fullest extent possible, the
safety of air transportation and the efficiency of operation.
SECTION 1.2
------------
No Pilot covered by this Agreement will be interfered with, restrained,
coerced or discriminated against by the Company or the Union, its officers,
or its agents because of membership or non-membership in the Union, or any
lawful activity under the Railway Labor Act not in violation of this
agreement.
SECTION 1.3
------------
It is understood, whenever in this Agreement, Pilots or jobs are referred
to in the male gender, it shall be recognized as referring to both male and
female Pilots.
ARTICLE 2
RECOGNITION
-----------
SECTION 2.1
------------
This Agreement is made and entered into in accordance with the provisions
of Title II of the Railway Labor Act, as amended, by and between Air
Methods Corporation (the "Company") and the Office and Professional
Employees International Union (the "Union") representing employees composed
of the craft and class of Flight Deck Crew Members (hereafter called
"Pilots") as certified by the National Mediation Board in Case Number
R-6949, September 16, 2003.
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The Company hereby recognizes the Union as the sole collective bargaining
agent and authorized representative for those employees described in
Section 1 above, to represent them and, on their behalf, to negotiate and
conclude agreements with the Company as to hours of work, wages, and other
conditions of employment in accordance with the provisions of the Railway
Labor Act, as amended. This Collective Bargaining Agreement and any formal
letters of agreement between the Company and the Union may be collectively
referred to as the "Agreement."
SECTION 2.2
------------
This Agreement covers all revenue flying performed by the Company with
Pilots on its payroll. All revenue flying covered by this Agreement shall
be performed by Pilots whose names appear on the Air Methods Corporation
Pilot's System Seniority List.
SECTION 2.3
------------
In the event the Company sells all or part of its helicopter operations to
another carrier during the term of this Agreement, in advance of such sale,
the Company shall give notice of the existence of this Agreement to such
successor carrier and shall make reasonable effort to persuade such
successor carrier to agree to the continuation of the terms set forth in
this Agreement. In the event the Successor Carrier does not adopt the terms
of this Agreement the Company shall not be liable for any differences (in
hours, wages, benefits, or all other working conditions) after the
effective date of the change of ownership.
SECTION 2.4
------------
In the event the Company acquires all or substantially all of the assets or
equity of another carrier, or another air carrier acquires all or
substantially all of the assets or equity of the Company, the Company will
meet promptly with the Union to negotiate a possible "Fence Agreement" to
be in effect during the period, if any, the two carriers are operated
separately without integration of the Pilot work force. These discussions
shall not be pursuant to Section 6 of the Railway Labor Act, and reaching
an agreement with the Union shall not be a prerequisite for closing, or any
other aspect of the transaction or operations pursuant to the transaction.
ARTICLE 3
AGENCY SHOP & DUES CHECK OFF
----------------------------
SECTION 3.1
------------
Membership in the Union is not compulsory. Pilots have a right to join, not
join, maintain, or drop their membership in the Union as they see fit.
Neither party shall exert any pressure on or discriminate against any Pilot
as regards such matters.
SECTION 3.2
------------
Each Pilot covered by this Agreement who was hired prior to or after the
execution of this Agreement shall become a member or an agency fee payer
within sixty (60) days
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after his/her date of hire or the effective date of this agreement and
shall be required as a condition of continued employment by the Company to
pay an equivalent agency fee, so long as this agreement remains in effect.
The agency fee referred to in this Section shall be equal to the Union's
regular and usual initiation fee and its regular, uniform and usual monthly
dues. Notwithstanding the foregoing, nothing herein shall be construed to
be in violation of or in conflict with the provisions of the Railway Labor
Act.
SECTION 3.3
------------
During the life of this Agreement, the Company agrees that upon receipt of
a properly executed Authorization of Payroll Deductions, voluntarily
executed by a Pilot, it will make bi-weekly deductions from the Pilot's
earnings after other deductions authorized by the Pilot or are required by
law have been made, to cover this current standard bi-weekly assessments
and/or initiation fees or agency fees uniformly levied in accordance with
the Constitution and bylaws of the Union as set forth in the Railway Labor
Act.
Any authorizations for payroll deductions under this Article shall be
effective the first day of the month following its receipt by the Payroll
Department and shall apply to the next paycheck for which dues deduction or
agency fees is made.
SECTION 3.4
------------
The Company remittance to the union will be accompanied by a list of the
Pilots names and employee numbers of the Pilots for who the deductions have
been made in that particular month and the individual amounts deducted.
Deductions shall be remitted to the designated Financial Officer of the
Union not later than ten (10) days after the deductions are made.
SECTION 3.5
------------
Collection of dues or agency fees not deducted because of insufficient
current earnings missed because of clerical error or inadvertent error in
the accounting procedures, agency fees missed due to delay in receipt of
the Authorization for Payroll Deductions, shall be the responsibility of
the Union and shall not be the subject of payroll deductions from
subsequent paychecks, and the Company shall not be responsible in any way
for such missed collections. It shall be the Union's responsibility to
verify apparent errors with the individual Pilot prior to contacting the
Payroll Department. The total or balance of unpaid dues, assessments and/or
initiation fees or agency fees due and owed the Union at the time a Pilot
terminates his employment shall be deducted from the final paycheck in
accordance with applicable law.
SECTION 3.6
------------
An Authorization for Payroll Deduction under this Article shall be
irrevocable for the term of this Agreement or for a period of one (1) year
from the date the Authorization is first executed, whichever occurs sooner.
Revocation shall become effective when the Pilot serves written notice on
the Payroll Department to revoke such Authorization for payroll deductions.
An Authorization for Payroll Deduction shall automatically be revoked if:
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A. The Pilot transfers to a position with the Company not covered by the
Agreement;
B. The Pilot's service with the Company is terminated;
C. The Pilot is furloughed; or
D. The Pilot is on an authorized leave of absence.
SECTION 3.7
------------
Upon written demand from the Union, the Company shall terminate any
employee within the bargaining unit who fails to tender the sum due the
Union under Section Two of the Article within thirty (30) days from the
date such sum is due provided the Union informs the Company and the
employee in writing and allows him/her an additional fifteen (15) days
after the 30th day of delinquency. If the employee fails to resolve his/her
dues delinquency with the Union during this fifteen (15) day period and
after notification to the Company by the Union, the Company will terminate
the employee effective the end of that payroll period.
SECTION 3.8
------------
Any dispute between the Company and the Union arising out of the
interpretation or application of this Article, when reduced to writing as a
grievance, shall be subject to the Grievance Procedure by initially
referring the grievance to Step Three. The grievance thereafter may be
processed in accordance with the provisions of Articles 6 and 7 in this
Agreement.
SECTION 3.9
------------
The Union agrees to hold the Company harmless and to indemnify the Company
against any suits, claims, liabilities, and reasonable and customary
attorney's fees which arise out of or by reason of any action taken by the
Company under the terms of this Article.
SECTION 3.10
-------------
It is further agreed between the parties that the Union shall notify each
Pilot of their Xxxx rights as provided by law.
ARTICLE 4
MANAGEMENT RIGHTS
-----------------
SECTION 4.1
------------
The Union recognizes that the Management of the business of the Company and
the direction of the working force are vested exclusively with the Company,
subject to the expressed provisions of this Agreement.
SECTION 4.2
------------
Except as restricted by an express provision of this Agreement, the Company
shall retain all rights to manage and operate its business and work force,
including but not limited to the right to sell, or discontinue or diminish
in whole or part to determine where
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and when to operate scheduled or unscheduled flights; to determine its
marketing methods and strategies; and to determine the type of aircraft it
will utilize to negotiate customer contracts consistent with their
requirement, to determine the number of workover hours to be worked, the
qualifications of Pilots it may employ and to adopt, modify and rescind
reasonable work and safety rules.
SECTION 4.3
------------
The exercise of any right reserved herein to manage in a particular manner,
or the non-exercise of such right, shall not operate as a waiver of the
Company's rights hereunder, or preclude the Company from exercising the
right in a different manner or at a future date.
SECTION 4.4
------------
It is further agreed that the rights specified herein may not be impaired
by an arbitrator or arbitration even though the parties may agree to
arbitrate the issue involved in a specific manner as provided in the
grievance and arbitration procedure set forth elsewhere in this Agreement.
SECTION 5.
-----------
Under any contract of services or joint venture agreement/arrangement where
the Company's Operating Certificates are utilized the flight deck crew
members will be covered by this contract.
ARTICLE 5
NON DISCRIMINATION
------------------
There shall be no discrimination by the Company or the Union in the
application of the terms of this Agreement because of race, color,
religion, national origin, age, sex or handicap. The Company and the Union
will comply with applicable laws prohibiting discrimination.
ARTICLE 6
GRIEVANCE PROCEDURE
-------------------
SECTION 6.1
------------
Disputes relating to the interpretation or application of the specific
provisions of this Agreement may be the subject of a grievance. Any such
grievance shall be processed in the following manner:
Step 1. The Pilot shall first attempt to resolve the grievance with his
immediate supervisor within seven (7) calendar days from the date
of the occurrence of the event giving rise to the grievance, or
within seven (7) calendar days of the date the Pilot knew or
should have known of such event. The supervisor shall
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give his answer within seven (7) calendar days from that date,
after receiving permission to resolve said grievance from either
the applicable Operations Manager, Program Director or Designee.
Step 2. If the grievance is not resolved at Step 1 to the satisfaction of
the grievant, the grievance shall be reduced to writing and
presented to the designated representative of the Company within
seven (7) calendar days after the receipt of the immediate
supervisor's answer. The written grievance must state the nature
of the grievance, the circumstances out of which it arose, the
remedy or correction requested and the specific provisions of the
Agreement alleged to have been violated. The Company
representative will give his answer to the grievant in writing
with a copy to the Union within seven (7) calendar days after the
receipt of the grievance.
Step 3. In the event the decision by the Company representative is
unacceptable to the aggrieved employee or union, it may be
appealed in writing to the designated representative of the
Company within seven (7) calendar days of the receipt of the
decision. The appeal must include a statement of the reasons the
grievant believes the decision was erroneous. The Company's
representative shall render a decision on the appeal in writing
within seven (7) calendar days of receipt of the appeal. In the
event the decision at Step 3 is unacceptable to the grievant, the
Union may appeal to the System Board of Adjustment in accordance
with Article 7 of this agreement.
SECTION 6.2
------------
In the event a non-probationary Pilot who has been discharged wishes to
grieve such discharge, the grievance must be presented at Step 2 within
seven (7) calendar days after the termination.
SECTION 6.3
------------
All provisions of this Article shall apply to Union grievances except such
grievances shall be presented to the designated Company representative at
Step 2.
Any grievance not presented and processed in the manner, and within the
time limits set forth above, shall be waived and deemed null and void
provided, however, at any time in advance of the expiration of such time
limit the parties may agree, by mutual written consent, to extend any time
limit for a specified period of time. Compliance with all time limits
specified in this Article shall be determined by the date of mailing as
established by postmark.
SECTION 6.4
------------
No grievance, the basis for which occurred prior to the execution of this
Agreement, shall be considered.
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SECTION 6.5
------------
The Company and the Union agree to furnish to the other party the names of
their designated representatives charged with administration of the
grievance procedure within thirty (30) calendar days after the execution of
this Agreement. Any changes in these representatives shall be furnished to
the other party in writing.
SECTION 6.6
------------
The Union and the Company may, by mutual agreement in writing, elect to
bypass any or all steps in this Article and proceed to the System Board of
Adjustment in accordance with Article 7 of this Agreement.
SECTION 6.7
------------
All grievances resolved at any step of the grievance procedure prior to the
Systems Board of Adjustment shall be on a non-precedent basis unless
mutually agreed otherwise.
SECTION 6.8
------------
If a grievant is exonerated, his personnel file shall be cleared of all
references to the incident in question, consistent with applicable Federal
regulations and may not be used in future disciplinary actions against the
Pilot. A grievant that is cleared of all charges shall be made whole in
every respect.
ARTICLE 7
SYSTEM BOARD OF ADJUSTMENT
--------------------------
SECTION 7.1
------------
In compliance with Section 204, Title II of the Railway Labor Act, as
amended, this Agreement establishes a System Board of Adjustment, which
shall be called the Air Methods Pilots' System Board of Adjustment,
hereinafter called "the Board."
SECTION 7.2
------------
The Board has jurisdiction over timely filed and appropriately processed
grievances arising out of the interpretation and application of the
specific provisions of this Agreement relating to rates of pay, rules,
working conditions, discipline and discharge. The procedures set forth in
this Article are the exclusive and mandatory forum for all such disputes.
SECTION 7.3
------------
The Board does not have jurisdiction over any dispute unless all of the
procedures required by the Grievance Procedure provided for in this
Agreement have been timely
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and completely exhausted in the dispute, and the dispute has been properly
submitted to the Board pursuant to the provisions of this Article.
SECTION 7.4
------------
Neither the Systems Board or Arbitrator shall have any jurisdiction to
modify, add to or otherwise alter or amend any of the terms of this
Agreement or to make any decision that has such an effect.
SECTION 7.5
------------
The Board shall consist of four members, two of whom shall be selected and
appointed by the Company and two of whom shall be selected and appointed by
the President of the Local Union. A Board member appointed by the Union
shall serve as chairman and a Board member appointed by the Company shall
serve as vice-chairman in even years, and a Board member appointed by the
Company shall serve as chairman and a Board member appointed by the Union
shall serve as vice-chairman in odd years. The vice-chairman shall act as
chairman in his absence.
Each Board member has a vote in connection with all actions taken by the
Board. In the event the four Board members cannot reach a decision with
respect to a particular dispute, the Board will select a neutral member who
will decide the dispute. In the event the Board cannot agree on a neutral
member, within seven (7) calendar days thereafter either party may request
that the American Arbitration Association (AAA) submit a list of seven (7)
arbitrators, all of whom are members of the National Academy of
Arbitrators. The Arbitrators shall be selected in accordance to the rules
of AAA. The Board hearing before the third party neutral member shall be
conducted in accordance with the AAA rules.
SECTION 7.6
------------
The Board will meet quarterly in a location determined by mutual agreement,
provided that at such time there are cases on file with the Board for its
consideration.
SECTION 7.7
------------
Any expenses incurred by Board members appointed by one of the parties to
this Agreement will be paid by that party. The fees and expenses of any
neutral member of the Board shall be borne equally by the Company and the
Union.
SECTION 7.8
------------
Disputes may only be submitted to the Board by the President of the Local
Union or a duly designated officer of the Union or the Company's Vice
President of Human Resources.
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SECTION 7.9
------------
Decisions by the Board are final and binding on the Company, the Union and
the affected Pilots, provided they conform to Section 7.4 above.
SECTION 7.10
-------------
The party appealing a final decision under the Grievance Procedure in this
Agreement shall submit the dispute for consideration by the Board within
fourteen (14) calendar days of that decision, including all papers and
exhibits, and a list of potential witnesses known to the appealing party at
that time shall be submitted by each party seven (7) days prior to a
scheduled Board of Adjustment. Neither party will intimidate or coerce any
witness so identified. If the appeal is not made within this fourteen (14)
day period, the Board does not have jurisdiction over the dispute.
SECTION 7.11
-------------
All disputes referred to the Board shall be sent to the Vice President of
Human Resources for the Company and his/her office shall assign a docket
number according to the order in which the dispute is received. However,
grievances involving suspension or discharge shall be given preference for
disposition.
SECTION 7.12
-------------
The appealing party will ensure that a copy of the petition is served on
the members of the Board. Each case submitted to the Board must state:
A. The question or questions at issue;
B. a statement of the facts with supporting documents;
C. a reference to the applicable provisions of the Agreement alleged to
have been breached;
D. the position of the aggrieved party; and
E. the remedy requested.
SECTION 7.13
-------------
Decisions by the Board shall be rendered no later than thirty (30) calendar
days after the close of the hearing or receipt of post-hearing briefs.
SECTION 7.14
-------------
The Company and the Union shall, in good faith, attempt to make a joint
submission of their dispute to the Board. If the parties are unable to
agree on a joint submission, the appealing party shall file a submission
with the Board containing all of the information described in Article 6,
Section 1, and the responding party may do the same. Any party filing a
submission with the Board pursuant to this Article shall serve a copy of
its submission with the other party.
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SECTION 7.15
-------------
The parties agree that each Board member is free to discharge his duties in
an independent manner without fear of retaliation from the Company or the
Union because of any action taken by him in good faith in his capacity as a
Board member.
ARTICLE 8
NO STRIKE/NO LOCKOUT
--------------------
SECTION 8.1
------------
Neither the Union or any of its agents (stewards) nor any of its members
will collectively, concertedly, or in any manner engage in a strike,
sick-out, boycott, sympathy strike, slow down or work stoppage of any kind
during the term of this Agreement. During the term of this Agreement, the
Company agrees not to lock out any of the employees covered by this
Agreement. It is further understood that the duly-authorized
representatives of the Union shall use their best efforts on behalf of the
Union to actively encourage the employees engaging in a violation of this
Section to cease such conduct. If the Company knows one of its Customers
will have a primary picket line, the Company will notify the Pilot before
dispatching the Pilot to the location. A Pilot may refuse to take an
assignment to cross a picket line if he has reasonable safety concerns
based on verifiable incidents of picket line misconduct at the site. In
such cases, the Company reserves the right to meet Customer needs however
it deems appropriate.
SECTION 8.2
------------
Employees found to be in violation of the terms of this Section shall be
subject to discharge. Such discharge shall not be subjected to the
grievance procedure and System Board of Adjustment provisions of this
agreement, except as to the question of whether the Pilot engaged in such a
violation.
ARTICLE 9
DISCIPLINE AND DISCHARGE
------------------------
SECTION 9.1
------------
Pilots may be subject to disciplinary action, up to and including discharge
for just cause including violation or infraction of company rules or
policies, or for violating this Agreement. The Company will continue to use
a system of progressive discipline. The Company may suspend a Pilot with
pay prior to notifying him of the nature of the charge against him. Within
seven (7) calendar days of the date of suspension the Company will inform
the Pilot in writing, with a copy to the Union, of the nature of the charge
and its decision on the type of discipline that should be imposed.
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SECTION 9.2
------------
In a case where a Pilot is called into a meeting where as a result
disciplinary action could be taken against him, the Pilot may request to be
accompanied by his Xxxxxxx, and such a request will be granted by the
Company. Request for a xxxxxxx or alternate shall be honored if they are
available within a reasonable time not to exceed forty-eight (48) hours,
provided the Company incurs no workover or travel costs whatsoever. If a
Pilot at the base, while on duty, is selected to attend such meeting as a
representative of the Pilot being investigated, he shall suffer no loss in
pay. If called to take a mission, the Pilot and the one being investigated
shall reschedule said meeting at the earliest possible time. The parties
agree that there shall be no delay in the duty Pilot taking the mission.
SECTION 9.3
------------
Upon his request, a Pilot's personnel file shall be open for his inspection
during normal office hours in the presence of a Company representative,
upon reasonable notice. Nothing of a derogatory nature will be placed in a
Pilot's file unless a copy is sent to the Pilot. Upon receipt of such
report, the Pilot shall have the option of responding by returning his
explanation or comments to be included with the report in his file or by
challenging the accuracy of the report. If the Company determines the
challenge to be justified, the report will be removed from the Pilot's file
and destroyed. If the Company determines otherwise, it shall notify the
Pilot he may then appeal this decision through the normal grievance
procedure.
SECTION 9.4
------------
Customer complaints or correspondence of a derogatory nature shall not
serve as the basis for discipline after twelve (12) months from the date of
issuance unless within the twelve (12) month period there has been a
recurrence of the same or similar nature.
SECTION 9.5
------------
Disciplinary records involving safety matters shall not serve as a basis
for any disciplinary action after five (5) years from the date of issuance.
SECTION 9.6
------------
A Pilot may be immediately removed from the payroll and suspended or
discharged without pay if he violates the FAA Drug/Alcohol policy or
commits other acts of serious misconduct.
SECTION 9.7
------------
In the event the Pilot feels he has been unjustly disciplined or
discharged, the Pilot or Union may appeal in writing the Company's decision
to the Company designee within seven (7) calendar days of the adverse
action against the Pilot. Such appeal will be taken at Step 2 of the
grievance procedure and must set forth the facts giving rise to the appeal
and state the remedy or relief requested.
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SECTION 9.8
------------
The parties recognize that flight safety is paramount to the well-being of
the business, patients and employees. The Pilots acknowledge it is
essential to abide by all applicable FAR's. The parties further agree that
neither will rely upon any discipline administered prior to the execution
of this agreement.
ARTICLE 10
UNION REPRESENTATION
--------------------
SECTION 10.1
-------------
In the event it is necessary for a Union representative to enter the
premises owned or leased by the Company to discuss the application of this
Agreement, the Union representative shall notify the manager for the
particular location, and they shall arrange a mutually satisfactory time,
date and place for the visit within a five (5) day period thereafter. The
Union representative shall not take any action that would interrupt or in
any way interfere with the Company's operations or the job duties of any
employee. Such visits shall comply with customer or base entrance
requirements.
SECTION 10.2
-------------
The Company will not be obligated to deal with any Union representative who
has not been designated in writing to be an authorized representative of
the Union.
SECTION 10.3
-------------
The Union may elect or appoint Pilots to be primary job xxxxxxx(s) and
alternate(s) to conduct Union business and shall notify the Company, in
writing, of their election, appointment or removal. Pilots who have been
designated as primary stewards (and the alternate xxxxxxx in the absence of
the primary xxxxxxx) shall be granted reasonable time to investigate,
present and process grievances during their normal duty hours without loss
of pay, provided it does not cause a delay in meeting mission requirements.
Stewards or alternates who serve their fellow Pilots shall be considered
Union representatives.
SECTION 10.4
-------------
The Company and the Union desire that complaints and grievances shall be
settled whenever possible with supervisors at the location where the
complaint or grievance originates. It is understood and agreed that a
xxxxxxx'x activities shall fall within the scope of the following
functions:
A. To consult with a Pilot(s) regarding a presentation of a complaint or
grievance that the Pilot(s) desires to present. Stewards shall be
permitted to present grievances to management and attempt to resolve
any grievance.
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B. To present a grievance or complaint to a Pilot's immediate supervisor
in an attempt to settle the matter. Stewards shall be granted the
right to consult with Pilots at their base for the purpose of
enforcing the provisions of this agreement.
C. To investigate a complaint or grievance as defined in the grievance
Procedure.
SECTION 10.5
-------------
The Company and the Union agree that a minimum amount of time shall be
spent in the performance of xxxxxxx duties.
ARTICLE 11
SENIORITY LIST
--------------
SECTION 11.1
-------------
The Air Methods Corporation Pilot System Seniority List shall consist of
the seniority number, name, and seniority date of all Pilots covered by
this Agreement. The Company will post the seniority list on its web page.
Thereafter Pilots may post the seniority list on the bulletin boards, where
permitted, and/or in the Union information book. Copies of the seniority
list will be furnished to the Union.
SECTION 11.2
-------------
When two or more Pilots are employed on the same date, they shall be placed
on the seniority list according to the last four digits in their social
security number. The Pilot with the lowest last four digits will be awarded
the most senior position.
A. In the event more than one Pilot is hired from a newly acquired
contract such Pilots shall be placed at the bottom of the seniority
list in order of their time in service with the previous company.
SECTION 11.3
-------------
The Company agrees to update the seniority list each six (6) months,
beginning with the effective date of this Agreement with a copy to the
Union. A Pilot shall have a period of thirty (30) days after the posting of
the seniority list to protest to the Company any omission or incorrect
posting affecting his seniority. Pilots on vacation, leave of absence, or
furlough shall be permitted thirty (30) days after their return to duty to
make any protest concerning his seniority. Once the thirty (30) day period
has expired without a protest, the posting will be considered correct and
shall not be subject to further protest, unless the omission or incorrect
posting was the result of a clerical error on the part of the Company.
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ARTICLE 12
SENIORITY
---------
SECTION 12.1
-------------
Seniority of a new hire Pilot shall begin on the date the Pilot is entered
on the Company's payroll.
A. It is understood and agreed Pilots who are employed by AMC at the time
of this Agreement shall be placed on the Company seniority list using
their original date of hire with AMC or, if applicable, their original
date of hire from a previously acquired Company.
B. In the event of future acquisitions or mergers, the Company will meet
promptly with the Union for the purpose of integrating the Pilot
groups.
SECTION 12.2
-------------
There shall be two (2) types of seniority, Company seniority and Bidding
seniority.
A. Company Seniority - Company Seniority shall be defined as a Pilot's
------------------
length of service with the Company or present customer, regardless of
location, and except as provided for elsewhere in this agreement,
shall govern pay rates, and accrual or granting of paid days off
pursuant to Vacation - Article 27 of this Agreement. Company Seniority
shall be adjusted for leaves of absence as provided for in Leaves of
Absence - Article 23 of this Agreement.
B. Bidding Seniority - Bidding Seniority shall be defined as a Pilot's
------------------
length of uninterrupted Pilot service with the Company less all time
spent outside of the bargaining unit as defined in Section 12.3 of
this Article. Bidding Seniority shall govern all Pilots covered by
this Agreement in bidding for job assignments and vacancies as
provided for in this Agreement.
SECTION 12.3
-------------
A Pilot who is promoted to a non-flying or supervisory position shall stop
accruing bidding seniority, unless they return to flying duties within
twelve (12) calendar months. Such Pilot shall continue to accrue Company
Seniority and retain his Bidding Seniority.
If said Pilot returns to flying duty, it shall be in accordance with his
Bidding seniority. In the event there is no vacancy, he shall be assigned
to other duties if they exist and such Pilot chooses to accept them, or
placed on layoff status until a bid opportunity becomes available and the
Pilot is awarded the job. If a Pilot is terminated while in a supervisory
or non-flying position, such Pilot shall have no rights under this
Agreement.
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SECTION 12.4
-------------
A Pilot's seniority shall be nullified and his/her employment shall be
terminated if any of the following occur:
A. Resignation or retirement;
B. Discharge for cause;
C. Failure to inform the designated Company representative in person or
by certified mail of his intention to return to work as provided for
in the Reductions in Workforce - Section 13.5 (A);
D. Failure to return to work on or before a date specified in the notice
of recall from the designated Company representative after a layoff as
provided for in the Reductions in Workforce - Section 13.5 (B);
E. A Pilot's seniority and recall rights shall terminate after being on
furlough for a period of three (3) calendar years.
SECTION 12.5
-------------
Disputes arising over seniority shall be handled in accordance with
Grievance Procedure and System Board of Adjustment outlined in this
agreement.
ARTICLE 13
REDUCTIONS IN WORKFORCE
-----------------------
SECTION 13.1
-------------
If there is a loss of a contract, base closure, or other reduction in the
workforce, a Pilot's seniority, pursuant to Seniority - Article 12 of this
Agreement, shall govern the layoff. Pilots with the least seniority shall
be laid off first. The Company shall give at least fourteen (14) days
notice of an impending layoff unless prevented from doing so due to causes
beyond its control, or two (2) weeks pay in lieu thereof.
SECTION 13.2
-------------
Pilots will be recalled from furlough in seniority order, with the most
senior laid-off Pilot being recalled first. At the point of being placed on
furlough status the Pilot shall avail himself of all available job postings
on the Company web site. The Pilot shall bid on the postings and indicate
his order of preference. Provided the Pilot possesses the requisite
credentials he shall be offered the positions in order of his preference
before the position is filled by outside applicants. The Company shall not
be permitted to hire a new Pilot until all furloughed qualified Pilots are
recalled.
SECTION 13.3
-------------
Pilots shall continue to accrue Bidding Seniority and Company Seniority
while on furlough.
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SECTION 13.4
-------------
Laid off Pilots are required to file their proper mailing address, email
address, and telephone number(s) with the Human Resources Department at the
time of the layoff and will promptly notify the Company of any address
changes. Failure to do so will forfeit that Pilots' rights under this
Article.
SECTION 13.5
-------------
In the event no positions are available laid off Pilots shall be notified
of a recall in order of their seniority by e-mail with confirmed response,
telephone or certified mail to the most recent telephone number and address
provided by the Pilot. Notification by telephone must be accomplished by
positive telephone contact with the Pilot and the call must be followed up
with official notification by certified mail. The date of recall
notification shall be the earlier of the date on which telephone contact
was made or the recall letter was mailed. Notices sent to the last address
of record shall be considered conclusive evidence of notice to that Pilot.
A. Each Pilot accepting recall shall answer his recall notice no later
than three (3) business days after receipt of such notice in e-mail
with confirmed response, telephone, or by certified mail.
B. A laid off Pilot will not be allowed more than twenty one (21)
calendar days after the date of recall notification to report to duty
from layoff.
C. Pilots who fail to respond to a recall notice within the time limits
set forth above, Pilots who refuse recall, or Pilots who reject a
recall notice shall forfeit all recall rights and have their name
removed from the seniority list.
D. The offer of recall shall be made in order of seniority status from
the furloughed Pilots. However, if the senior furloughed Pilot
declines on the offer of recall it shall be made in descending order
to the remaining furloughed Pilots with the understanding that the
junior qualified Pilot shall be obligated to accept the offer. If such
Pilot refuses the offer of recall he shall forfeit all rights under
this article. In such circumstances the offer shall be made in
ascending order to the remaining Pilots. If no opening exists within
the Company such Pilot may displace the least senior Pilot in the
Company consistent with the hospital based Customer approval, if
--
applicable, provided he is qualified (as defined in Job Posting and
----------
Bidding Section 14.2 F (1), or accept a furlough until such time a
position becomes available within the timeframe outlined in Section
13.5 (E) of this Article.
E. Seniority and recall rights shall terminate if a laid off Pilot is not
recalled within three (3) years from the commencement of his layoff.
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ARTICLE 14
JOB POSTING AND BIDDING
-----------------------
SECTION 14.1
-------------
A Pilot may bid when a new job or permanent vacancy occurs, or when a new
job or crew position is created. All vacancies will be posted on the
Company Web Page within seven (7) calendar days after the vacancy occurs.
The notice shall provide as much information as is available regarding the
vacant position, including the job location and closing date for bid
application. This Article does not allow a senior Pilot to bid a job that
is already filled or to displace a junior Pilot from a job he is currently
filling. The parties agree that a vacancy does not exist if the Customer
changes aircraft type and requests that the assigned Pilots remain on the
job.
A. Vacancies resulting from LOA's will be considered temporary and will
be posted and assigned as such. Pilots accepting such temporary
positions will be subject to replacement by the returning LOA Pilot,
at which time the displaced Pilot will be eligible to bid on any other
job opening within the Company
SECTION 14.2 Bidding procedures are as follows:
-------------
A. Pilots will be given fourteen (14) calendar days from the initial
posting to bid on any vacant position. The fourteen (14) days shall
commence from the time of notification.
B. The Company will make the awards within seven (7) calendar days after
the bidding has closed or the last hospital based customer interview,
if required, is conducted.
C. The senior qualified Pilot, as defined in Section 14.2, Paragraph F of
this Article that bids on the vacancy, who successfully completes the
hospital based customer interview, if required, shall be awarded the
job, except those positions covered in Section 14.4 of this Article.
D. A Pilot responding to more than one (1) vacancy shall indicate his
order of preference on the bid and shall be awarded his highest
available preference.
E. In the event that a Pilot voluntarily bids on and is awarded a new
position, the Company reserves the right to require a Pilot to remain
in that new position for a period of twelve (12) months; or eighteen
(18) months if company paid relocation or training costs are incurred.
F. The term "qualified" as used in this Article means that a Pilot has
been trained in an aircraft type, or holds the necessary Airman
Certificate and endorsements and has the aeronautical experience to
meet customer and Company requirements to be trained by the Company in
that aircraft type. Training shall be provided in accordance with
Article 18.
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SECTION 14.3
-------------
A Pilot will be assigned to his new position within ninety (90) days of the
position being awarded to him, unless the Company and Pilot agree
otherwise.
SECTION 14.4
-------------
The following positions shall be posted at the base where they occur and
not be subject to the bidding procedure described above; Lead Pilot,
Aviation Services Manager (ASM), Aviation Base Manager (ABM), Safety
Representative/ Officer, Check Airman, and Training Captains. Such
positions shall be filled at the sole discretion of the Company. The
Company shall interview Pilots who have signed the bid and all other
applicants who have done likewise thereafter to determine their
qualifications. In the event the Company selects a person other than a
Pilot to fill the ASM position, it will then designate, at its discretion,
one of the Pilots at the base as the Lead Pilot or ABM.
SECTION 14.5
-------------
For the purposes of this article, "awarded" shall be defined as being
determined to be the successful bidder to fill a vacancy, "assigned" shall
be defined as being transferred to the new base and commencing a work
schedule.
ARTICLE 15
TRAINING
--------
SECTION 15.1 RECURRENT TRAINING
------------- -------------------
A. In accordance with applicable Federal Aviation Regulations (FAR's),
the Company will develop and maintain a computerized training system
whereby a Pilot can complete the classroom portions of his required
recurrent ground training at his normally assigned work location at
his convenience. In addition and in accordance with subpart G of FAR
135, the Company will utilize a system of written or oral examinations
to accomplish the testing required where written or oral exams are
required. The Company's training will provide adequate computerized or
base resource materials that clearly detail the information upon which
the Pilot will be tested for recurrent ground training. In no
circumstances will the Pilot be tested on materials or information
that is not reasonably available for the Pilot to study at his
normally assigned base. The Pilot will be required to successfully
complete recurrent ground training by the assigned completion
deadline.
B. In circumstances where the Company requires training away from the
Pilot's normally assigned base, the Company will make a reasonable
effort to schedule recurrent training during a Pilot's work schedule.
If for unusual operational reasons recurrent training cannot be
scheduled during a Pilot's work schedule, then training may be
scheduled during a Pilot's off duty time. The Company will make every
effort to schedule training immediately before or after the Pilot's
work schedule.
C. The Aviation Service Manager, Aviation Base Chief, Lead Pilot, or
other aviation base management representative shall submit to the
training department at least
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two months prior to scheduled recurrent flight training a list of two
possible sets of dates that training is requested and can be
accommodated by all Pilots.
The Training Department will attempt to accommodate training on the
dates submitted by the base to the fullest extent possible. If a Pilot
is unable to attend training during the scheduled training dates due
to illness, injury, or a reasonable unforeseen absence the Pilot and
the Training Department will agree to alternate dates to compete the
training.
D. Internet training sites will list all available recurrent ground
training classes and deadlines.
SECTION 15.2 UPGRADE/TRANSITION/SPECIAL TRAINING
------------- ------------------------------------
The Company will schedule such training consistent with customer service
requirements and the availability of qualified training personnel. The
Company will make a reasonable effort to schedule such training during the
Pilot's normal work period, but if unable to do so applicable work-over
will be paid to the affected Pilot. The Company will make every effort to
schedule training immediately before or after the Pilot's work schedule.
SECTION 15.3 TRAINING FAILURES
------------- ------------------
It is recognized that not all Pilots reach the required level of
proficiency in the same amount of time. Therefore, when it becomes apparent
to the Company that a Pilot will require time in excess of that usually
required to reach proficiency the Company Training Department will, in
consultation with the Pilot, determine the cause of his inability to reach
the required proficiency level and establish a plan for correcting the
problem.
A. A Pilot who fails any portion of training, written exam, oral exam or
flight check will be removed from line duty, with pay, until he has
commenced retraining and has been successfully retested by the
Company.
B. A Pilot who fails training, an oral exam, or flight check may request
a change of instructor/check airman. However, if a Pilot elects to
request a change of instructor/check airman the Pilot will be removed
from the payroll, but permitted to use unused vacation until such time
that the Pilot successfully completes re-training, an oral exam or
flight check. Such re-training or re-testing shall be conducted within
fourteen (14) days.
C. In the event a Pilot fails a subsequent written exam, oral exam, or
flight check the Company will make a determination as to his/her
continued employment. If the Company determines that retraining is
inappropriate the Company reserves the right to terminate said Pilot.
D. If a Pilot is unable to successfully complete upgrade or transition
training the Pilot will be allowed to return to their previous
position, if that position still exists. If the Pilot's previous
position has been filled or no longer exists the Pilot will be offered
the opportunity to apply for any position for which they are currently
qualified to perform, Company wide.
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E. A Pilot who fails any portion of his new hire training will be subject
to termination by the Company.
SECTION 15.4 TRAVEL AND ACCOMMODATIONS
------------- ---------------------------
A. In the event a Pilot is based away from home during training or
special assignment, the Company shall in all cases provide single
hotel room accommodations to each Pilot.
B. All travel expenses shall be paid by the Company. All travel will be
performed in accordance with Company travel policy.
SECTION 15.5 TRAINING PAY AND PER DIEM
------------- -----------------------------
A. All Pilots shall be paid while attending Training, including travel
days, at their normal rate of pay. Training conducted on a Pilot's
normal off duty day will be compensated at the applicable work-over
rate.
B. All Pilots shall be paid per diem while Training, including travel
days, at the rate of $36.00 per day.
ARTICLE 16
SCHEDULES OF SERVICE
--------------------
SECTION 16.1
-------------
Pilots at each base shall determine the appropriate schedules of service
consistent with Company and customer service requirements. They shall
forward their schedule to the appropriate Company official. A normal
scheduled shift shall not exceed twelve (12) hours. This section will not
relieve any Pilot from accepting any flight that may extend the shift
beyond the scheduled twelve (12) hours as long as the flight can be
conducted in accordance with the applicable FAR's and Company duty time
policies.
SECTION 16.2
-------------
The parties to this agreement will maintain schedules of service which
provide for one (1) day off for each day scheduled.
Example: 7 days on - 7 days off
4 days on - 4 days off
The Pilot's salary is based upon 182 work shifts per year.
SECTION 16.3
-------------
Other work schedules will be discussed between the parties. However, both
parties recognize schedules of service will meet customer requirements.
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SECTION 16.4
-------------
The schedule in Section 16.2 of this Article shall be considered standard.
Any other schedules shall be considered non-standard. Non-standard
schedules shall be filled on a voluntary basis. Vacancies in a standard
schedule resulting from temporary Pilot absences caused by illness, injury,
vacation, holidays, training or leaves of absences shall not be considered
a non-standard schedule.
SECTION 16.5
-------------
Pilots shall be allowed to trade or swap standard schedules provided it is
approved by the appropriate Manager and a copy of the revised schedule is
submitted to the Human Resources Department. Under no circumstance shall a
trade or swap result in a workover shift for either Pilot.
16.6 CUSTOMER REQUESTED WORK SCHEDULES
---- ------------------------------------
In the event a customer or prospective customer requires the Company to
operate on a non-standard schedule, other than one (1) day scheduled for
each day off, the parties shall meet to agree upon an applicable rate of
pay. In the event the parties are unable to reach an agreement, the Company
shall not assume the work in question.
ARTICLE 17
WORKOVER
--------
SECTION 17.1 WORKOVER ASSIGNMENT PROCEDURE
------------- -------------------------------
The Union recognizes the importance of the Company's ability to provide 24/7
coverage to remain competitive in the marketplace and will use their best
efforts to achieve this.
A workover is defined as being scheduled for and reporting to work on a
regularly-scheduled day off.
Before offering workover to Pilots at a particular base, the Company reserves
the right to utilize Relief or Part-time Pilots. If no Relief Pilots or
Part-time Pilots are available, workover shall be offered as follows:
1. The workover will be offered to the Pilots at the base where it
occurs. If more than one (1) Pilot volunteers for the workover it will
be offered to the senior Pilot first and rotated thereafter among the
other volunteers, at that base, in the descending order of seniority.
2. In the event there are insufficient Pilots stationed at the base where
the workover occurs the Company will solicit volunteers from bases in
close proximity to fill the workover shift, using the same method
described above.
3. In the event there are no volunteers from bases in close proximity,
the Company may use Pilots from other bases who have volunteered to
work additional shifts.
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a) Pilots who would like to be contacted for such assignments will
be required to post their name on a list maintained on the
Company Web Site.
b) The Pilot who volunteers for the largest number of consecutive
shifts shall be awarded the assignment.
4. The Company reserves the right to limit Pilots to twenty-one (21)
shifts per calendar month, and the number of shifts shall also be
limited by applicable FAR's. This provision is designed to assure an
equitable distribution amongst the applicable Pilots.
5. If the previous options do not provide a solution to the vacancy, the
Company may utilize qualified management personnel to fill these open
shifts.
SECTION 17.2 EMERGENCY WORKOVER ASSIGNMENT
------------- -------------------------------
A. Emergency workover shall be defined as an unplanned vacancy for which
the Company did not have seven (7) days advanced notice of (i.e.
injury, illness, and bereavement). In which case, absent volunteers,
the following procedures shall be utilized to fill such vacancies.
B. In any calendar year in which the number of uncovered Pilot duty
shifts does not exceed two (2) at a location, due to a lack of
volunteers, the Company will not have the ability to require workover
at that location.
C. In the event such uncovered shifts exceed two (2) in any calendar year
at a location, required workover may be assigned in an emergency
situation on the basis of reverse seniority and rotated thereafter.
The Company may only use this option to cover vacancies where less
than seven (7) days advance notice of the vacancy was received.
D. For the purposes of Emergency workover, the Company shall not require
any Pilot to perform more than two (2) Emergency workover shifts or
more than twenty one (21) total shifts in any calendar month.
E. The Company will report to the union the number of uncovered shifts
each month.
F. No Pilot can be forced on an emergency workover at a base other than
his assigned base. Pilots who are forced to perform a workover shall
be reimbursed for any verifiable non-refundable expenses they incurred
on the day of the workover only.
SECTION 17.3 WORKOVER PAY
------------- -------------
Effective January 1, 2006 Pilots shall receive one-and-one-half times (1 X)
their normal daily rate, excluding supplemental pay and ACCRA. A workover
shift is defined as being scheduled for and reporting for work on a
regularly scheduled day off that was not the result of a trade or swap.
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SECTION 17.4 OVERTIME
------------- --------
All work performed in excess of twelve (12) hours in a duty shift up to
fourteen (14) hours shall be paid at the straight time hourly rate.
Thereafter the Pilot's shall be paid at the Workover rate. Such payment
shall be based on the actual termination time of the flight plus 15
minutes.
SECTION 17.5 COMPANY MEETING PAY
------------- ---------------------
Pilots who are required by the Company to attend meetings on their
scheduled time off shall be compensated at the workover rate for all actual
time in attendance. Pilots shall be paid a minimum of two (2) hours for
attending such meetings.
ARTICLE 18
PILOT STATUS
------------
SECTION 18.1
-------------
A newly employed Pilot shall be on a 180 calendar day probationary status
during which time such a person may be discharged by the Company without
recourse. After accumulating 180 calendar days, such employee shall be
considered a non-probationary employee and his/her hire date shall revert
back to the most recent date of hire.
SECTION 18.2
-------------
A newly employed Pilot shall be entitled to all the rights and benefits as
any other Pilot of the terms of this Agreement, except that the Company
shall retain the right to discharge a probationary Pilot at any time within
their probationary period, without recourse to the grievance procedure
and/or System Board of Adjustment.
SECTION 18.3
-------------
Once a month, the Company will provide the local Union office with a list
of Pilots who have been hired, terminated, resigned, transferred or
promoted to a management position, and/or on a military leave of absence
during the prior quarter. This listing shall include the home address and
phone number of said Pilots.
SECTION 18.4
-------------
A Union representative, if available, will be introduced to a new Pilot
once they are assigned to a base for the purposes of explaining the
obligations and benefits of this agreement.
ARTICLE 19
PILOT CLASSIFICATIONS
---------------------
SECTION 19.1
-------------
A full-time Pilot is a Pilot who is assigned to a regular work schedule at
a specific base or program.
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SECTION 19.2
-------------
A Relief Pilot is a full time Pilot who fills vacancies at any base as
directed by the Company.
SECTION 19.3
-------------
A Temporary Full Time Pilot is a Pilot temporarily assigned to cover a
specific vacancy arising due to a Full Time Pilot's leave of absence. Such
Pilots will be allowed to bid for any open position after serving for six
months as a Temporary Full Time Pilot. A Temporary Full Time Pilot's status
shall coincide with the reinstatement rights of the Full Time Pilot
returning from his/her Leave of Absence. A newly hired Temporary Full Time
Pilot shall not qualify for benefits under the Severance pay provisions of
this Contract.
SECTION 19.4
-------------
A Part Time/Per Diem Pilot is a Pilot who is offered work consistent with
the Company's Customer Service or operational requirements. Such Pilots
shall not have a regular work schedule, nor be eligible to participate in
Company benefit programs as defined elsewhere in this Contract, unless
provided for under either State or Federal statute, to include the
Severance pay provision, nor shall they have any job bidding rights. Such
Pilots shall be paid on a per diem basis in accordance with the published
pay scale. Such Pilots shall have no rights under the Grievance and System
Board of Adjustment procedures until having completed ninety (90) work
schedules. Any Part Time/Per Diem Pilot who works twelve (12) or more work
schedules per month for three (3) consecutive months shall become
full-time. At no time shall the total number of Part Time/Per Diem Pilots
exceed four percent (4%) of the full time Pilot staff.
SECTION 19.5
-------------
The Company shall not use Temporary Full Time or Part Time/Per Diem Pilots
to avoid filling Full Time Pilot positions. The Company shall not use Part
Time/Per Diem Pilots to cover vacant shifts when a current and qualified
Full Time or Relief Pilot is available.
ARTICLE 20
FEES AND PHYSICAL EXAMINATIONS
------------------------------
SECTION 20.1
-------------
It shall be the responsibility of each Pilot to maintain an appropriate and
current FAA medical certificate, and to provide a copy of this certificate
to the Company by the 20th of the month in which it is due, if possible. If
a Pilot is unable to provide the Company with a copy of their current FAA
medical certificate by the 20th of the month in which it is due, the Pilot
will coordinate with the training department/flight records clerk to
communicate the delay. Under all circumstances it shall be the Pilots'
responsibility to provide the training department/flight records clerk with
their current FAA medical certificate no later than the last business day
of the month in which the medical certificate is due.
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SECTION 20.2
-------------
It shall be the responsibility of each Pilot to maintain the appropriate
FAA Pilot certificate(s) required for his duty position. The Pilot shall
provide the most current certificate(s) to the Company, and immediately
report any changes that affect the validity of those certificates.
SECTION 20.3
-------------
It shall be the responsibility of each Pilot to arrange his required
medical examinations by a qualified aero medical examiner of the Pilot's
choice, as required by the Federal Aviation Regulations. Examinations will
be scheduled while the Pilot is off duty. The Company will reimburse a
Pilot for the cost of the class I or class II medical examination. Any
additional physical exams and/or tests required by the Company or a
customer beyond those required as provided for in Section 20.4 of this
article shall be paid for by the Company.
SECTION 20.4
-------------
When the Company believes that there are grounds to question a Pilot's
physical or mental condition to remain on flight status, the Company may
require that such Pilot be examined by a FAA designated Aero Medical
Examiner (AME) selected by the Pilot.
The Company shall pay for this medical examination or tests required by the
Company pursuant to this Article. The Pilot agrees to sign a medical
release to allow a copy of the results to be given to the Company and the
Pilot shall also be provided a copy of this report. A Pilot who fails to
pass such an examination may have a review of the case. Such review will be
conducted by the Medical Certification Branch of the FAA. The Pilot may, at
his expense, have a second medical examination conducted and submitted
along with the Company's medical examination to this branch of the FAA.
SECTION 20.5
-------------
A Pilot who is medically unable to perform his duties shall be placed on a
leave of absence as described elsewhere in this Agreement.
SECTION 20.6
-------------
In the event the Company adopts an identification card or badge system, the
Company shall provide the identification card or badge at no cost to the
Pilot. However, if the Pilot loses the identification card or badge he/she
shall be obligated to replace it at the cost of $10.00.
ARTICLE 21
MOVING EXPENSE
--------------
SECTION 21.1
-------------
The Company shall provide a paid move to Pilots whom are required to move
as a result of being assigned to a base other than where the Pilot has
established his residence,
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provided that the Pilot moves within a fifty (50) mile radius of his new
base and the new base is at least fifty (50) miles away from the previously
assigned base.
SECTION 21.2
-------------
In order to receive a Company paid move, Pilots must complete such move
within six (6) months from the date of the new assignment and shall be
entitled to the following reimbursement upon presentation of reasonable
documentation:
A. Actual moving expenses, including insurance, for normal household
effects, including normal packing charges, up to a maximum of
$3500.00.
SECTION 21.3
-------------
Pilots shall be allowed the following en route expenses when properly
substantiated by receipts during the period of en-route travel:
A. For Pilot only - $36.00/day
B. For Pilot and family - $72.00/day
The period of en-route travel shall continue after arrival until the day
the household effects arrive or until the end of the fifth day, whichever
comes first.
SECTION 21.4
-------------
For the purpose of determining necessary travel time, the Company will
allow one (1) travel day for each five hundred (500) miles or fraction
thereof, to a maximum of five (5) travel days when driving a vehicle. The
Pilot is expected to move during his days off and be prepared to work on
his regular hitch. The most direct AAA mileage between the two (2) cities
will determine travel time.
SECTION 21.5
-------------
In addition to moving expenses, such Pilot will be reimbursed at the rate
established by the IRS for one vehicle driven to the new location.
SECTION 21.6
-------------
To be eligible to obtain reimbursement from the Company, a Pilot must meet
the requirements of Section 21.1 of this Article and have completed his
probationary period.
ARTICLE 22
TRAVEL PAY
----------
SECTION 22.1
-------------
Mileage shall be paid to the Pilot at the applicable rate established by
the Internal Revenue Service under the following circumstances:
a. Use of a personal vehicle when requested by the Company to relocate to
another base or a location other than a Pilot's normal base for
purposes of assignment on a
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temporary basis. The mileage will be calculated from the point of
departure to the next base and not the Pilot's home.
b. In the event a Pilot is required to report to a base other than his
assigned base, mileage will be calculated from the assigned base to
the new work location.
c. Pilots shall not be required to use their personal vehicles when
distances between the Pilots' home to the temporary assigned base are
in excess of one hundred (100) miles.
SECTION 22.2
-------------
Pilots shall be paid at their regular rate of pay for travel on a scheduled
duty day. In the event a Pilot travels on an off work day, such Pilot will
be compensated at the applicable workover rate.
SECTION 22.3
-------------
When transportation or lodging are not provided by the Company, reasonable
and actual expenses will be allowed. Within five (5) calendar days after
returning to his home base or at the close of each week in the event the
Pilot is away for a period longer than one (1) week, the Pilot shall submit
expense receipts for payment. The per diem shall be consistent with Company
policy.
ARTICLE 23
LEAVES OF ABSENCE
-----------------
SECTION 23.1
-------------
A Leave of Absence (LOA) is intended to account for a reasonable period of
time that a Pilot may be required to be absent from the job for reasons
other than vacation or paid bereavement leave. A LOA may fall into one of
the following categories:
A. Personal LOA - (a reasonable time not to exceed 30 calendar days)
-------------
without pay may be granted to a Pilot for urgent personal matters.
Except as approved by the applicable operational official, a Pilot may
be granted no more than one (1) personal LOA in a 2-year period. To be
eligible for such a leave a Pilot has to have completed six (6) months
of service. Approved personal LOA start and end dates shall be in
writing. Such leaves may be extended for additional periods, if
approved by the Company.
B. Pregnancy Disability Leave (PDL) - PDL shall be granted consistent
-----------------------------------
with the applicable statute requirements for Pilots who reside in
California and the Company's separate policy on same.
C. Military LOA - Military leaves of absence and reemployment rights
-------------
upon return from such leave shall be granted in accordance with
applicable laws. All orders for
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military duty, including National Guard and Reserve duty, shall be
provided to the Human Resources Department in accordance with
applicable laws.
D. Family & Medical LOA, and California Family Rights Act (CFRA) -
--------------------------------------------------------------------
Leave granted under the Family and Medical Leave Act or the California
statute, will be granted to eligible Pilots as required by law.
1. A Pilot on a medical leave of absence due to a serious
non-occupational health condition of the Pilot, who does not
return to work during the twelve (12) week period provided for
under the Company's short term disability benefit, shall be
granted an additional medical leave for the duration of the
illness or injury, up to twelve (12) months, if the Company and
Physician agree there is a reasonable expectation for the Pilot
to return to duty within twelve (12) months from the expiration
of short term disability. At the end of the first twelve (12)
month leave of absence an additional twelve months shall be
granted if the Company and Physician agree there is a reasonable
expectation for a Pilot to return to duty within twenty four (24)
months from the expiration of short term disability.
2. Pilots who are unable to work as a result of a non-job related
illness or injury shall be placed on Medical LOA. Such Pilot
shall retain insurance coverage for a period of six (6) months.
During this period the Company shall continue to provide
disability and life insurance coverage at no cost to the Pilot.
The Pilot's portion of medical, dental, and vision premiums will
continue to be the responsibility of the Pilot. If a Pilot who is
on Medical LOA is not receiving compensation from Air Methods or
if the compensation received does not fully cover the Pilots
portion of medical, dental, and vision premiums, the Pilot will
be required to remit their portion of said premiums, on a monthly
basis, no later than the fifteenth day of the month following
commencement of Medical LOA. Failure to provide payment by the
fifteenth of the month following the commencement of Medical LOA
will result in the termination of medical, dental, and vision
benefits and the initiation of offering medical insurance under
COBRA. Once the applicable time period has been exhausted, the
Pilot will be eligible for medical insurance under COBRA.
E. UNION LEAVE OF ABSENCE. A Pilot who accepts a temporary position with
the Union (up to one (1) month) will be permitted to return to his
original position upon release from such temporary assignment. At no
time will the Company authorize the release of more than two (2)
Pilots under this provision.
1. When requested by the Union, one (1) Pilot who is elected or
appointed to a full-time position with the Union shall be granted
an indefinite leave of absence. A Pilot leaving full-time service
of the Union, for any reason, must return to duty within thirty
(30) days or be terminated. Such Pilot upon returning to work
with the Company will be entitled to return to his previous
position at his last assigned base or apply for any open position
for which the Pilot is qualified.
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2. By mutual agreement, the Company may grant up to three (3) Pilots
an unpaid leave of absence for a one (1) week period of time so
that Pilots selected by the Union may perform work for the Union,
such as attendance at Union conventions and conferences.
SECTION 23.2
-------------
A Pilot who wishes to apply for a Leave of Absence must submit his request
in writing to his supervisor. This written request must include the
expected duration of the leave, the purpose of the leave (if it does not
violate any applicable statutes) and where the Pilot may be contacted
during the leave. It is the Pilot's responsibility to keep Human Resources
informed of any changes in his contact information for the duration of the
approved leave.
SECTION 23.3
-------------
All requests for leaves of absence must be submitted in writing and must be
approved by the applicable operational official. Except as approved by the
applicable operational official, a Pilot will not be granted a leave of
absence (except a Military LOA, Workers Compensation LOA, or Union LOA)
without first using all vacation.
SECTION 23.4
-------------
Prior to returning to duty from medical leave, a Pilot may be required to
present a physician's statement to the Company verifying that he is
medically fit to perform all Pilot duties.
SECTION 23.5
-------------
In the event of a reduction in force, a Pilot on a leave of absence who
would otherwise be furloughed will have his leave of absence cancelled. The
Pilot will be notified that his rights under this article have been changed
to those of a furloughed Pilot.
SECTION 23.6
-------------
A Pilot returning from a leave of absence will be returned to his duty
position if it still exists, or any other vacant position where his
qualifications permit. Any Pilot returning from a leave of absence who
requires training prior to returning to flying will be scheduled for
required training prior to return to flight duty not to exceed three (3)
weeks. Pay shall resume when the Pilot commences training.
SECTION 23.7
-------------
All leaves of absence shall specify the date on which the Pilot will return
to duty unless mutually agreed otherwise or by operation of law.
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SECTION 23.8
-------------
All leaves of absence shall be without pay unless otherwise specified in
this agreement or required by statute.
SECTION 23.9
-------------
Failure of any Pilot to return to active status at the end of any leave of
absence shall be deemed a voluntary resignation and his name will be
removed from the seniority list.
SECTION 23.10
--------------
Any Pilot on a leave of absence who enters the services of another Company
or who enters into a business of his own without first obtaining written
permission from the Company will be terminated and will forfeit his
seniority rights.
SECTION 23.11
--------------
During any approved leave of absence, a Pilot will retain and accrue
Company and Bidding Seniority.
ARTICLE 24
ON-THE-JOB INJURY (OJI) LEAVE
-----------------------------
SECTION 24.1
-------------
A Pilot is eligible for all state and federal workers compensation benefits
with respect to injuries or illnesses arising out of and in the course of
employment with the Company.
SECTION 24.2
-------------
A Pilot must report the occurrence of an OJI to his supervisor as soon as
possible, depending upon the nature of the accident or resulting injuries.
SECTION 24.3
-------------
All health, accident and life insurance benefits shall continue to be
available to an injured Pilot on the same basis as an active employee.
SECTION 24.4
-------------
The Company may require an injured Pilot to submit to a physical
examination in accordance with the provisions of Article 20.
SECTION 24.5
-------------
Prior to returning to duty from an OJI leave, a Pilot shall be required to
present a physician's statement to the Company verifying that he is
medically fit to perform all Employee duties. In the event there is a
dispute concerning the Employee's fitness for
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duty, the procedures of Article 20 shall be utilized to resolve the
dispute. Upon return from an OJI leave, a Pilot shall be returned to his
former position if the position still exists, or to any other position
where his seniority permits.
SECTION 24.6
-------------
All Pilots are entitled to a copy of any and all accident reports and any
and all written or recorded statements made or taken with regard to an OJI
within seventy-two (72) hours of a written request.
SECTION 24.7
-------------
All Pilots are entitled to a copy of any and all medical records,
maintained by the Company at no cost, resulting from OJI's within five (5)
days of a written request.
SECTION 24.8
-------------
Employee shall not be terminated or otherwise discharged from employment,
except for cause, while recovering from OJI injuries.
SECTION 24.9
-------------
A Pilot has the right to select his own Vocational Rehabilitation Counselor
while recovering from an OJI consistent with State regulations.
ARTICLE 25
HOLIDAYS
--------
SECTION 25.1
-------------
Air Methods recognizes the following holidays:
New Years Day Presidents Day
Memorial Day Independence Day
Labor Day Thanksgiving Day
Friday After Thanksgiving Christmas Day
SECTION 25.2
-------------
To be eligible for Holiday pay a Pilot must work on a Holiday. The Pilot
will be paid for the shift worked on the Holiday.
SECTION 25.3
-------------
The Pilot will receive their normal pay plus their annual base pay divided
by 182.5 for each Holiday worked. For shifts worked that are less than
twelve (12) hours the amount of holiday pay shall be prorated for each full
hour worked.
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ARTICLE 26
SICK LEAVE
----------
SECTION 26.1
-------------
Sick Leave is granted to a Pilot to provide him an opportunity to recover
from a non-job related illness and/or injury.
SECTION 26.2
-------------
Each Pilot shall earn up to sixty (60) hours of sick leave each calendar
year. Sick leave shall be earned at the rate of 2.3076 hours per pay
period. Sick leave shall be earned on all hours worked on workover,
vacation, sick leave used, holidays, jury duty, and bereavement leave.
Unused sick leave shall be earned up to a maximum of one hundred twenty
(120) hours.
SECTION 26.3
-------------
Effective on the execution of the Contract any accrued sick leave beyond
120 hours may be used during a transition period up to 24 months for a
bonafide medical need.
ARTICLE 27
VACATIONS
---------
SECTION 27.1 VACATION SCHEDULE
------------- ------------------
All Pilots shall be eligible to receive vacation on the following schedule:
Vacation Hours Months of Service Hourly Accrual Rate
-------------- ----------------- -------------------
84 Hours/Year 0 thru 60 .0383562
126 Hours/Year 61 thru 120 .0575342
168 Hours/Year 121 thru 180 .0767123
210 Hours/Year 181 and above .0958904
- Vacation accrual will be applied to the first 2190 hours worked in a
calendar year.
- Vacation balance will continue to be reported on the bi-weekly pay
stub.
- Maximum Vacation Balance: 264 Hours
- Any Pilot who, at the date of ratification of the Contract, receives
more vacation than the above schedule shall be grandfathered at their
current vacation accrual rate.
SECTION 27.2
-------------
Vacation pay, when cashed out, shall be based upon the Pilot's current rate
of pay.
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SECTION 27.3
-------------
When a Pilot reaches the maximum vacation accrual according to the above
schedule they shall not accrue any further vacation allowance. Once
reaching the maximum accrual the Pilot will be paid seventy two (72) hours
of his accrued vacation.
SECTION 27.4
-------------
At each Base location, Pilots will submit initial vacation requests by
November 30 for desired vacations to be taken in the following year. The
Company shall grant such requests in order of seniority, provided Pilots
had or will have the requested time available on the books.
After the initial vacation schedule has been accomplished, Pilots may
submit vacation requests for any desired week/days on a first come, first
served basis. Vacations may be changed/swapped by mutual agreement of the
Pilot and Company. When possible, vacation requests will be submitted to
the immediate supervisor at least sixty (60) calendar days in advance of
the requested time off. Vacation requests received at least sixty (60)
calendar days in advance of the requested time off that do not reduce base
staffing levels below 75% shall be granted. The Company reserves the right
to decline any vacation request when such vacation request would reduce
full staffing levels to below 75%. The Company may grant vacation requests
which will reduce staffing levels to below 75% provided sufficient
voluntary work over from the base is assured and such allowances are
consistent with all published regulatory and program rest requirements.
SECTION 27.5
-------------
Vacation will only be earned based upon compensable hours, which include
holiday, vacation, sick leave, jury duty, or bereavement leave.
SECTION 27.6
-------------
Vacation pay may be cashed out based upon a quarterly schedule published by
Payroll.
SECTION 27.7 CANCELLATION OF VACATION
------------- --------------------------
If a Pilot volunteers to cancel a scheduled vacation at the Company's
request, he shall be reimbursed for all verifiable non-refundable expenses
incurred. Such Pilot shall also have the following options:
1. Reschedule his vacation to any remaining available weeks/days in the
same calendar year.
2. In lieu of the above option, the Pilot may choose to be paid the full
value of his cancelled vacation period at the rate of one and one-half
(1 ) times his rate of pay. Payment for this vacation will be made by
issuing a separate check to the Pilot within ten (10) days from
election of this option.
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ARTICLE 28
HEALTH, DENTAL AND LIFE/AD&D INSURANCE BENEFITS
-----------------------------------------------
SECTION 28.1
-------------
For the term of this Agreement, the Company shall offer Pilots health,
dental, vision, LTD, STD, life and AD&D insurance as described in the
summary plan descriptions furnished to the Union. In the event that the
Company elects to change carriers, or administrators, it will endeavor to
provide benefits that are comparable benefit value to those currently
provided. The parties recognize in an effort to contain health care costs,
it may be necessary to modify benefit levels, prior to doing so the Company
will meet with the Union to review the proposed changes and solicit
suggestions. The plans offered to the Pilots shall be the same as offered
to all other non-represented employees.
SECTION 28.2
-------------
The Company will extend its best efforts to assist Pilots in resolving any
claim disputes which do arise under the above plans after the member has
followed the claims appeals process of the respective carrier or
administrator. No matter relating to a claims dispute which is not the
direct result of negligence by the Company shall be submitted to the
grievance and/or Systems Board of Adjustment provisions of this agreement.
SECTION 28.3
-------------
A Pilot shall be eligible to participate in the group benefits listed above
on the first day of the month coinciding with or following the date of
initial hire. To be eligible for coverage in the above plans a Pilot must
work or be paid consistent with the definitions in Article 19, Sections
19.1 through 19.4. Any Pilot who fails to meet the above definitions shall
not have coverage in the following month.
SECTION 28.4
-------------
Pilots who participate in one of the Company Health and/or Dental Plans
shall have the following amounts withheld from each bi-weekly pay check for
the 2005-2006 plan year:
-----------------------------------------------
HEALTH & DENTAL
-----------------------------------------------
COVERAGE PLAN 1 PLAN 2 DENTAL
-----------------------------------------------
-----------------------------------------------
Employee Only $ 36.00 $ 33.00 $ 1.50
-----------------------------------------------
Employee plus Spouse $ 81.00 $ 59.00 $ 4.00
-----------------------------------------------
Employee + Children $ 66.50 $ 56.00 $ 3.25
-----------------------------------------------
Family $ 98.00 $ 82.00 $ 5.75
-----------------------------------------------
Future Health and Dental Plan annual rate increases for Pilots shall not
exceed ten percent (10%) per year based on the 2005-2006 plan year Employee
contribution schedule. In no case shall the annual percentage increase for
a Pilot exceed that of the percentage increase for the Company.
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SECTION 28.5
-------------
Pilots shall be covered at one and one-half (1 ) times their total annual
salary in Life Insurance and Accidental Death and Dismemberment Insurance
under the provisions of the plan defined in the Company Benefit Plan.
ARTICLE 29
COMPANY 401(K) PLAN
-------------------
SECTION 29.1 PLAN MODIFICATIONS
------------- -------------------
The Company reserves the right to amend from time to time the plan to cover
the eligible Pilots to conform to the applicable State and Federal
statutes. Any amendments shall be furnished to the Pilots and Union. The
Company shall pay all costs associated with the administration of the plan.
SECTION 29.2 ENROLLMENT
------------- ----------
Enrollment in the plan shall be quarterly, provided that in the first year
of employment said Pilot worked at least one thousand (1,000) hours.
SECTION 29.3 VESTING
------------- -------
Years Percent of Vesting
----- --------------------
One year 33 1/3 Percent
Two years 66 2/3 Percent
Three years 100 Percent
SECTION 29.4 CONTRIBUTION
------------- ------------
For those Pilots who contribute to this plan the Company shall contribute
seventy percent (70%) on the first eight percent (8%) contributed by the
Pilot. All Company and employee contributions shall be deposited into the
respective employee's 401(k) account on the same day the wages are paid.
ARTICLE 30
JURY DUTY
---------
SECTION 30.1
-------------
The purpose of jury pay is to make the Pilots' pay whole while meeting
their civic duty. Pilots who are required by proper court order or summoned
to be absent from work in connection with jury duty will be paid the
earnings he would have received for a regular scheduled shift up to a
maximum of seven (7) work schedules per calendar year.
SECTION 30.2
-------------
Jury pay is not applicable when a Pilot is on leave of absence, vacation or
layoff.
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SECTION 30.3
-------------
In the event a Pilot is released from Jury Duty on a duty day, he shall
proceed to his base or assignment the following day commensurate with his
crew rest requirements.
SECTION 30.4
-------------
Pilots under subpoena for reasons benefiting the Company will be
compensated for all lost time provided the Pilot was scheduled to work.
SECTION 30.5
-------------
Vacation time may be used any time a Pilot is required by subpoena to
appear in a matter not benefiting the Company.
ARTICLE 31
BEREAVEMENT LEAVE
-----------------
SECTION 31.1
-------------
The Company shall grant a bereavement leave for each individual for the
death of a member of the Pilot's immediate family. Pilots on bereavement
leave shall be paid for each duty day missed, up to a maximum of four (4)
days or forty-eight (48) hours, whichever is less, per occurrence. Pilots
may use accrued but unused Vacation beyond the four (4) days or forty-eight
(48) hours bereavement leave. For the purposes of this Article, a Pilot's
immediate family shall include his current spouse, in-laws, children,
step-children, parents, grandparents, siblings and legal guardian.
SECTION 31.2
-------------
The Company shall grant bereavement leave for each individual for the death
of a member of the Pilot's extended family of one (1) day or twenty-four
(24) duty hours, whichever is less. A Pilot's extended family includes
aunt, uncle, nephew and niece. Pilots may use accrued but unused Vacation
beyond the one (1) day or twenty-four (24) duty hours bereavement leave.
SECTION 31.3
-------------
Funeral leave is not compensable when the Pilot is on scheduled days off,
leave of absence, layoff, or suspension.
ARTICLE 32
SEVERANCE PAY
-------------
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SECTION 32.1
-------------
A Pilot who is laid off and is placed on furlough with the Company shall
receive severance pay according to the schedule in Section 32.2 below.
Except if one or more of the following conditions exist he shall receive no
severance pay.
1. He refuses to accept a job or assignment within his category of Pilot
with the Company;
2. He is dismissed for cause or resigns or retires.
SECTION 32.2
-------------
Severance pay will be paid within seven (7) days following the Pilot's
furlough based on the following schedule:
Full Years of Company Service Calendar Weeks
----------------------------------------------------------- ---------------
One (1) full year of service but less than four (4) Two (2) weeks
Four (4) full year of service but less than eight (8) Four (4) weeks
Eight (8) full year of service but less than twelve (12) Six (6) weeks
Twelve (12) full year of service but less than fifteen (15) Eight (8) weeks
Fifteen (15) full year of service or more Ten (10) weeks
SECTION 32.3
-------------
The Company will attempt to give Pilot(s) two (2) weeks advance notice of a
base closure or loss of contract.
SECTION 32.4
-------------
Medical and Dental insurance, if any, shall continue for thirty (30)
calendar days following the Pilot's layoff or furlough, provided the Pilot
pays the appropriate contribution amounts. The Pilot will thereafter be
eligible for COBRA coverage at that time.
ARTICLE 33
UNION BULLETIN BOARDS & COMMUNICATIONS
--------------------------------------
SECTION 33.1
-------------
The Company shall permit the Union to display an unlocked bulletin board at
each base that is company owned. The Union shall purchase the bulletin
boards and shall be responsible for their installation. The bulletin boards
shall only be placed in areas that have been agreed to by the Company in
advance. The provision shall not be applicable if such bulletin boards are
not permitted or authorized by a customer who owns the premises.
SECTION 33.2
-------------
The bulletin boards used by the Union and Pilots covered by this agreement
shall be for posting notices of Union social and recreational affairs,
meetings and elections.
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SECTION 33.3
-------------
General distributions, posted notices and official business will bear the
seal or signature of an officer of the Union or a Pilot representative and
will not contain anything defamatory, derogative, inflammatory, negative,
or of a personal nature attacking the Company or its representatives.
SECTION 33.4
-------------
The Company may refuse to permit any posting that would violate any of the
provisions of this Agreement. Any notices posted that are not in accordance
with this Article shall be removed by the Union or by the Company upon
notice to the Union.
SECTION 33.5
-------------
If no bulletin board is permissible, the union may maintain an information
book which shall remain in the Pilot's reference area or office.
ARTICLE 34
GENERAL AND MISCELLANEOUS
-------------------------
SECTION 34.1
-------------
Any deviation from this Agreement shall be made by mutual consent between
the Company and the Union. Such consent must be in writing and signed by
both parties.
SECTION 34.2
-------------
All orders or notices to Pilots covered by this Agreement involving a
transfer, promotion, demotion, layoff, or leave of absence shall be given
in writing to such Pilot with a copy to the Union within ten (10) calendar
days.
SECTION 34.3
-------------
The pay period is currently fourteen (14) days (bi-weekly). If the Company
wishes to change the pay period timing, it shall meet and discuss the
change with the Union prior to implementation.
SECTION 34.4
-------------
This Agreement prohibits a Pilot from engaging in any activities that are
in competition with the Company and flying activities that interfere with
their service to the Company, provided, however that this provision shall
not be construed to prohibit Pilots from affiliating with the Armed Forces
of the United States.
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SECTION 34.5
-------------
The Company shall make a copy of the current contract available to all
Pilots on the Air Methods' website. In addition, the Company shall share in
the cost of printing this Agreement up to a maximum of $1,000.00.
SECTION 34.6
-------------
A Pilot's primary responsibility is to ensure the safe operation of the
aircraft. A Pilot may also be required to assist in minor aircraft
maintenance other than that specifically authorized; washing of aircraft,
couriering of parts, or other non-flying duties. In no case shall a Pilot
be required to operate a ground ambulance or perform facility repairs.
This provision does not restrict a Pilot from performing non-flying duties
related to the promotion of the profession such as conducting educational
classes, public relations presentations, or events of that nature.
SECTION 34.7
-------------
If a Pilot's personal items are damaged due to an aircraft accident or
other unusual circumstance beyond the Pilot's control, a claim may be
submitted to the Company and paid consistent with its insurance policy.
However, the Company reserves the right to require proof of loss and value
of the item covered in the claim.
SECTION 34.8
-------------
Any Pilot leaving the service of the Company shall, upon request to the
Human Resource department, be provided with a letter setting forth the
Company's record of his job title, stating his length of service and rate
of pay at the date he left the Company.
SECTION 34.9
-------------
Pilots covered by this Agreement shall be governed by all reasonable
Company rules, regulations and orders previously or hereafter issued by
proper authorities of the Company which are not in conflict with the terms
and conditions of this Agreement, and which have been made available to the
Pilots and union prior to becoming effective.
SECTION 34.10
--------------
If the Union considers the rule to be unreasonable, it will have the right
to file a written grievance challenging such rule prior to the
implementation by the Company. Grievances properly filed in this respect
will be subject to the normal Grievance and System Board of Adjustment
procedures as set forth in Article 6 and Article 7 of this Agreement.
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ARTICLE 35
EQUIPMENT AND FACILITIES
------------------------
SECTION 35.1
-------------
The Company shall furnish each Pilot with the following:
1. A helmet if required.
2. If a helmet is not required, effective upon execution of the Contract
the Company will provide a one-time $100.00 allowance toward the
purchase of an individual headset upon proof of purchase. Such
allowance will not be applicable to previously purchased headsets. In
either case a backup headset(s) will be provided in each aircraft as a
primary means of communication.
3. An appropriate name tag, badge, embroidery, or other suitable means to
identify each Pilot on their uniform.
4. A minimum of two suitable work uniforms deemed appropriate by the
Company or Customer. Such uniforms shall be given to Pilots new to a
program and be replaced annually as necessary.
5. One jacket, suitable for the local climate as deemed by the Company or
Customer, and replaced as necessary.
6. Up to two (2) department or Customer ball caps annually if provided by
the department or Customer and requested by the Pilot.
7. The Company shall reimburse, upon proof of purchase, up to one hundred
dollars ($100.00) per year to each active Pilot on the payroll, for
the purpose of purchasing Company or Customer required acceptable
footwear.
SECTION 35.2
-------------
The Company will endeavor to provide reasonably quiet quarters with a rest
facility for duty Pilots only.
SECTION 35.3
-------------
At each base the Company will provide internet access for appropriate
weather source and/or required Company information. An area shall be
designated for the completion of Company paperwork.
SECTION 35.4
-------------
Pilots who are required to spend the night away from their assigned base
location shall be provided with single room hotel accommodations.
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AIR METHODS CORP. and COLLECTIVE BARGAINING AGREEMENT
OPEIU 2006-2009
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SECTION 35.5
-------------
The Company shall provide a VCR or DVD player, and television in an area
accessible by the Pilot, if not already provided by the department or
Customer. Where standard broadcast signal is not available, the Company
will provide basic cable or satellite.
ARTICLE 36
PRODUCTIVE WORK ENVIRONMENT POLICY
----------------------------------
SECTION 36.1
-------------
It is agreed that the Company, as a responsible corporate citizen, is
committed to maintaining a hospitable, cooperative work environment that
promotes professionalism, common courtesy and mutual respect among all
levels of employees, supervisors, managers, and executives. To advance that
commitment, the Company has adopted and will communicate to employees the
productive work environment policy that strictly prohibits sexual and
workplace harassment on the basis of race, color, creed, gender, religion,
national origin, age, sexual orientation or disability or any other status
protected by either Federal or State statute. This policy shall not be
amended during the term of this agreement unless required by law.
SECTION 36.2
-------------
The Union agrees to support the provisions of the Air Methods corporate
productive work environment policy. Each Pilot will be required to read,
understand and sign an acknowledgement of this policy, which will be placed
in his personnel file.
ARTICLE 37
WAIVER AND COMPLETE AGREEMENT
-----------------------------
SECTION 37.1
-------------
This Agreement sets forth the entire understanding and agreement of the
parties and may not be modified in any respect except by writing subscribed
to by the parties. This Agreement supercedes all previous agreements,
commitments or practices, oral or written, between the Company and the
Union and/or the Pilots, and expresses all of the obligations of and
restrictions imposed upon each of the respective parties during its term.
The waiver of any provision of this Agreement or any breach of this
Agreement by either party during the term of the Agreement shall not
constitute a precedent for the future waiver of any breach or provision.
Nothing in this Agreement shall prohibit the parties from bargaining on any
issue they desire if both parties mutually agree to do so during the term
of this Agreement.
SECTION 37.2
-------------
This document, together with all exhibits, memoranda of understanding,
letters of agreement, and letter of interpretation incorporates the
complete agreement between the parties on all issues specifically addressed
herein.
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AIR METHODS CORP. and COLLECTIVE BARGAINING AGREEMENT
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SECTION 37.3
-------------
The parties agree that any past practices established prior to the date of
this Agreement shall not create any contractual or legal obligation to
continue such practices following the effective date of this Agreement.
ARTICLE 38
SAVINGS CLAUSE
--------------
SECTION 38.1
-------------
Should any part of this Agreement be rendered or declared invalid by reason
of any existing or subsequently enacted legislation, act of government
agency, or by any decree of a court of competent jurisdiction, such
invalidation of such part or portion of this Agreement shall not invalidate
the remaining portions hereof, and they shall remain in full force and
effect.
SECTION 38.2
-------------
In the event that any provisions of this Agreement are in conflict with or
are rendered inoperative or unlawful by virtue of any duly enacted law or
regulation or any governmental agency or commission having jurisdiction
over the Company, the Union and Company will meet and attempt to negotiate
changes necessary, pertaining only to those provisions so affected or
directly related thereto.
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AIR METHODS CORP. and COLLECTIVE BARGAINING AGREEMENT
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ARTICLE 39
DURATION
--------
This Agreement shall be effective from January 1, 2006 through April 30,
2009 and shall automatically renew itself from year to year thereafter, unless
written notice of intended change is served in accordance with Section 6, Title
I of the Railway Labor Act by either party at least sixty (60) days prior to the
amendable date or any anniversary thereof.
Office and Professional Employees Air Methods Corporation
International Union
By: /s/ Xxxxxxx Xxxxxxx By: /s/ Xxxxx X. Xxxx
--------------------------------- -------------------------------------
By: By:
--------------------------------- -------------------------------------
By: By:
--------------------------------- -------------------------------------
By: By:
--------------------------------- -------------------------------------
By: By:
--------------------------------- -------------------------------------
By:
---------------------------------
By:
---------------------------------
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AIR METHODS CORP. and COLLECTIVE BARGAINING AGREEMENT
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APPENDIX A
SALARY SCHEDULE
---------------
SECTION 1. BASE PAY
-----------------------
The Pilot in Command Base Pay Schedule listed below shall be effective on
January 1, 2006. Co-Pilots shall be paid a rate equal to 75% of the Pilot in
Command Pay Schedule.
-------------------------------------------------------------------------------
HIRE YEAR 1-Jan-06 (1) PAY STEP 1-Jan-07 (2) 1-Jan-08 (2) 1-Jan-09 (2)
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
3.75% 3.75% 4.00%
-------------------------------------------------------------------------------
2006 $ 50,000 0-1 $ 51,875 $ 53,820 $ 55,973
-------------------------------------------------------------------------------
2005 $ 50,813 1-2 $ 52,718 $ 54,695 $ 56,883
-------------------------------------------------------------------------------
2004 $ 51,639 2-3 $ 53,576 $ 55,585 $ 57,808
-------------------------------------------------------------------------------
2003 $ 52,479 3-4 $ 54,447 $ 56,489 $ 58,748
-------------------------------------------------------------------------------
2002 $ 53,332 4-5 $ 55,332 $ 57,407 $ 59,703
-------------------------------------------------------------------------------
2001 $ 54,199 5-6 $ 56,232 $ 58,341 $ 60,674
-------------------------------------------------------------------------------
2000 $ 55,081 6-7 $ 57,146 $ 59,289 $ 61,661
-------------------------------------------------------------------------------
1999 $ 55,976 7-8 $ 58,075 $ 60,253 $ 62,663
-------------------------------------------------------------------------------
1998 $ 56,886 8-9 $ 59,020 $ 61,233 $ 63,682
-------------------------------------------------------------------------------
1997 $ 57,811 9-10 $ 59,979 $ 62,229 $ 64,718
-------------------------------------------------------------------------------
1996 $ 58,000 00-00 $ 60,955 $ 63,240 $ 65,770
-------------------------------------------------------------------------------
1995 $ 59,000 00-00 $ 61,946 $ 64,269 $ 66,839
-------------------------------------------------------------------------------
1994 $ 60,000 00-00 $ 62,953 $ 65,314 $ 67,926
-------------------------------------------------------------------------------
1993 $ 61,000 00-00 $ 63,977 $ 66,376 $ 69,031
-------------------------------------------------------------------------------
1992 $ 62,000 00-00 $ 65,017 $ 67,455 $ 70,153
-------------------------------------------------------------------------------
1991 $ 63,000 00-00 $ 66,074 $ 68,552 $ 71,294
-------------------------------------------------------------------------------
1990 $ 64,000 00-00 $ 67,148 $ 69,666 $ 72,453
-------------------------------------------------------------------------------
1989 $ 65,000 00-00 $ 68,240 $ 70,799 $ 73,631
-------------------------------------------------------------------------------
1988 $ 66,000 00-00 $ 69,350 $ 71,950 $ 74,828
-------------------------------------------------------------------------------
1987 $ 67,000 00-00 $ 70,477 $ 73,120 $ 76,045
-------------------------------------------------------------------------------
1986 $ 69,000 00-00 $ 71,623 $ 74,309 $ 77,282
-------------------------------------------------------------------------------
1985 $ 70,000 00-00 $ 72,788 $ 75,518 $ 78,538
-------------------------------------------------------------------------------
1984 $ 71,000 00-00 $ 73,971 $ 76,745 $ 79,815
-------------------------------------------------------------------------------
1983 $ 72,000 00-00 $ 75,174 $ 77,993 $ 81,113
-------------------------------------------------------------------------------
1982-1977 $ 73,635 >24 $ 76,397 $ 79,261 $ 82,432
-------------------------------------------------------------------------------
Upon contract ratification all Pilots shall be placed onto the Base Pay Schedule
in the 2006 year column commensurate with their year of hire. Beginning in 2007
each Pilot shall move to the 2007 year column on January 1, 2007 to the row
corresponding with their years of service. At the Pilot's anniversary date with
the Company, beginning in 2007, the Pilot will move to the next row
corresponding with their years of service. The anniversary date is defined as
the date a Pilot entered service with the Company as a Pilot in Command or
Co-Pilot.
FOOTNOTES
(1) Will be retroactive to 1/1/06 provided contract is ratified on or before
March 31, 2006 and paid within forty-five (45) calendar days.
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AIR METHODS CORP. and COLLECTIVE BARGAINING AGREEMENT
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(2) Effective on the first payroll period commencing after the listed dates.
Such annual salary adjustments shall also be paid out on the first payroll
period.
SECTION 2. METHODOLOGY FOR DETERMINING WHERE A PILOT INITIALLY FITS IN THE
--------------------------------------------------------------------------------
SCALE.
------
The Company reserves the right, based on previous experience of a Pilot(s),
to place them on the above scale up to the five (5) year level or step.
Thereafter the Pilot annually shall be advanced to the next step. Any
disputes relative to that placement shall not be subject to the grievance
and/or Systems Board of Adjustment provision located elsewhere in this
agreement. Such placement on the scale will be made utilizing written
documentation of active years in aircraft aviation experience. The Company
reserves the right to determine the adequacy of the documentation.
SECTION 3. BASE ASSIGNMENT
------------------------------
The Pilot shall be paid based upon the applicable schedule for the base to
which he/she is assigned or relocated.
SECTION 4. ACCRA GEOGRAPHIC DIFFERENTIAL PAY
--------------------------------------------------
Effective with the implementation of the above schedule the Company shall
determine the ACCRA impact for each current base using the most recent
available quarterly ACCRA data when a Tentative Agreement is reached
between the parties. The above schedule shall be considered 100% under the
ACCRA system and all current bases shall be adjusted according to their
respective ACCRA rating as per the table below. If no ACCRA data is
available for a current or new base location, the five (5) nearest
reporting cities to that base may be used to derive an ACCRA average
provided that there are five (5) locations in close proximity of that base.
Close proximity shall be considered within 75 miles. The Company reserves
the right to develop recruitment and/or retention systems which will be
paid above the schedule. Such schedules or systems will be paid to all
Pilots at the base in question. In the event the Pilot voluntarily leaves
his/her original base their pay will be based on their actual date of hire
for purposes of step increases. The ACCRA impact rating effective at the
execution of this agreement shall remain unchanged for the duration of the
Contract. The ACCRA rating shall not be applicable for workover pay.
---------------------------------------------
Location ACCRA rating Pay scale adjustment
---------------------------------------------
---------------------------------------------
0 - 105% 100%
---------------------------------------------
105.1 - 115% 110%
---------------------------------------------
115.1 - 125% 120%
---------------------------------------------
125.1 - 135% 130%
---------------------------------------------
135.1 - 150% 140%
---------------------------------------------
Greater than 150% 160%
---------------------------------------------
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AIR METHODS CORP. and COLLECTIVE BARGAINING AGREEMENT
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SECTION 5. INITIAL TRAINING
-------------------------------
During initial training Pilots shall be paid at the starting rate
commensurate with the assigned base.
SECTION 6. RELIEF PILOTS
----------------------------
All relief Pilots shall have an ACCRA rating utilizing the Denver, Colorado
ACCRA rating.
SECTION 7. NO REDUCTION
---------------------------
No Pilot shall suffer a loss of pay due to the implementation of the above
schedule. The Company will extend a one-time payment of 3% Salary
Adjustment to any Pilot above the pay schedule. Such payment shall be made
within forty-five (45) days of ratification. For such Pilots, in years
2007, 2008 and 2009 they shall receive on January 1 of each year a check
equivalent to the amount of annual increase granted all other employees
less applicable taxes. Such adjustment shall not be added to the Pilots'
base pay. For those Pilots who receive less than a three percent (3%)
increase in the ACCRA adjusted base pay as of January 1, 2006, the Company
will extend a one-time payment that equals the difference between three
percent and the total of the first year increase.
SECTION 8. SUPPLEMENTAL PAY
-------------------------------
Pilots performing duties in the following positions shall receive the
indicated annual supplemental pay (divided by 26 and paid through the
normally occurring pay period cycle). Pilot(s) who receive more than the
supplemental pay listed below shall receive that amount so long as they
hold such position. The amount of such pay shall be determined by the
actual dollars the employee received prior to the adoption of this
collective bargaining agreement. Pilot(s) who currently receive IFR
supplemental pay shall continue to do so for the duration of this
agreement.
Check Airmen $3,000
Training Captain/Trainer 2,500
Aviation Service Manager 4,200
ASM w/Multiple A/C 5,700
ASM w/Multiple A/C Locations 7,200
Aviation Base Manager 1,500
Lead Pilot 3,000
Base Safety Pilot 800
Two to Three A/C 1,600
Four to Five A/C 2,400
Six or more A/C 3,200
ATP in category assigned 600
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AIR METHODS CORP. and COLLECTIVE BARGAINING AGREEMENT
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APPENDIX B
BASE ACCRA RATINGS
------------------
------------------------------------------------------------------------
REVISED MARCH 1, 2006
------------------------------------------------------------------------
LOCATION ACCRA FORMULA
------------------------------------------------------------------------
------------------------------------------------------------------------
Albany NY 124.6 120.0%
------------------------------------------------------------------------
Anaheim CA 156.1 160.0%
------------------------------------------------------------------------
Anderson SC 94.4 100.0%
------------------------------------------------------------------------
Asheville NC 99.4 100.0%
------------------------------------------------------------------------
Atlanta GA 97.4 100.0%
------------------------------------------------------------------------
Augusta GA 89.0 100.0%
------------------------------------------------------------------------
Aurora CO 100.6 100.0%
------------------------------------------------------------------------
Bakersfield CA 110.3 110.0%
------------------------------------------------------------------------
Banning CA 126.4 130.0%
------------------------------------------------------------------------
Bartow FL 99.4 100.0%
------------------------------------------------------------------------
Bend OR 103.9 100.0%
------------------------------------------------------------------------
Billings MT 98.1 100.0%
------------------------------------------------------------------------
Bluefield WV 92.6 100.0%
------------------------------------------------------------------------
Blueridge/Hickory NC 92.4 100.0%
------------------------------------------------------------------------
Xxxxxxx Xxxx XX 000.0 110.0%
------------------------------------------------------------------------
Branson MO 86.7 100.0%
------------------------------------------------------------------------
Brooksville FL 98.9 100.0%
------------------------------------------------------------------------
Cape Girardeau MO 90.7 100.0%
------------------------------------------------------------------------
Carlsbad CA 150.3 160.0%
------------------------------------------------------------------------
Cartersville GA 94.4 100.0%
------------------------------------------------------------------------
Champaign IL 95.9 100.0%
------------------------------------------------------------------------
Charleston WV 92.6 100.0%
------------------------------------------------------------------------
Charlotte NC 92.4 100.0%
------------------------------------------------------------------------
Chesterfield MO LifeNet 94.3 100.0%
------------------------------------------------------------------------
Chicago/Maywood IL 110.1 110.0%
------------------------------------------------------------------------
Chinle AZ 112.4 110.0%
------------------------------------------------------------------------
Clarksville TN 87.0 100.0%
------------------------------------------------------------------------
Colorado Springs CO 94.7 100.0%
------------------------------------------------------------------------
Columbia MO 91.6 100.0%
------------------------------------------------------------------------
Columbia SC 96.4 100.0%
------------------------------------------------------------------------
Columbus GA/Ft. Xxxxxxx 97.4 100.0%
------------------------------------------------------------------------
Conyers GA 97.4 100.0%
------------------------------------------------------------------------
Cottonwood AZ 106.4 110.0%
------------------------------------------------------------------------
Denver CO 100.6 100.0%
------------------------------------------------------------------------
Denver CO 100.6 100.0%
------------------------------------------------------------------------
Des Moines IA AMC 93.9 100.0%
------------------------------------------------------------------------
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AIR METHODS CORP. and COLLECTIVE BARGAINING AGREEMENT
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------------------------------------------------------------------------
REVISED MARCH 1, 2006
------------------------------------------------------------------------
LOCATION ACCRA FORMULA
------------------------------------------------------------------------
Des Moines IA RMH 93.9 100.0%
------------------------------------------------------------------------
Duluth MN 98.1 100.0%
------------------------------------------------------------------------
Effingham IL 92.8 100.0%
------------------------------------------------------------------------
El Cajon CA 126.4 130.0%
------------------------------------------------------------------------
Elizabethtown KY 93.7 100.0%
------------------------------------------------------------------------
Evansville IN 99.0 100.0%
------------------------------------------------------------------------
Farmington NM 94.9 100.0%
------------------------------------------------------------------------
Flagstaff R/W 112.4 110.0%
------------------------------------------------------------------------
Flagstaff, AZ F/W 112.4 110.0%
------------------------------------------------------------------------
Frankfort KY 93.7 100.0%
------------------------------------------------------------------------
Franklin NC 99.4 100.0%
------------------------------------------------------------------------
Fredericksburg VA 125.2 130.0%
------------------------------------------------------------------------
Frisco CO 100.6 100.0%
------------------------------------------------------------------------
Gardnerville NV 112.1 110.0%
------------------------------------------------------------------------
Glen NY 136.5 140.0%
------------------------------------------------------------------------
Glendale AZ 100.4 100.0%
------------------------------------------------------------------------
Greeley CO 95.4 100.0%
------------------------------------------------------------------------
Greenville NC 95.2 100.0%
------------------------------------------------------------------------
Griffin GA 97.4 100.0%
------------------------------------------------------------------------
Gulfport MS 95.0 100.0%
------------------------------------------------------------------------
Xxxxxxxx XX 000.0 120.0%
------------------------------------------------------------------------
Hazard KY 93.7 100.0%
------------------------------------------------------------------------
Huntington WV 92.6 100.0%
------------------------------------------------------------------------
Huntsville AL 89.9 100.0%
------------------------------------------------------------------------
Hutchinson MN 98.1 100.0%
------------------------------------------------------------------------
Imperial CA 123.6 120.0%
------------------------------------------------------------------------
Iowa City IA 95.2 100.0%
------------------------------------------------------------------------
Jacksonville FL 95.5 100.0%
------------------------------------------------------------------------
Jefferson GA 97.4 100.0%
------------------------------------------------------------------------
Joplin MO 82.4 100.0%
------------------------------------------------------------------------
Kingman AZ 109.4 110.0%
------------------------------------------------------------------------
Xxxxxx NY 136.7 140.0%
------------------------------------------------------------------------
LaGrande OR 103.9 100.0%
------------------------------------------------------------------------
LaMonte MO 92.9 100.0%
------------------------------------------------------------------------
Las Vegas (Henderson) NV 109.9 110.0%
------------------------------------------------------------------------
Lebanon TN 91.9 100.0%
------------------------------------------------------------------------
Lincoln NE 96.7 100.0%
------------------------------------------------------------------------
Litchfield IL 94.3 100.0%
------------------------------------------------------------------------
London KY 93.7 100.0%
------------------------------------------------------------------------
Marshfield WI 95.0 100.0%
------------------------------------------------------------------------
Mason City IA 89.7 100.0%
------------------------------------------------------------------------
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AIR METHODS CORP. and COLLECTIVE BARGAINING AGREEMENT
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------------------------------------------------------------------------
REVISED MARCH 1, 2006
------------------------------------------------------------------------
LOCATION ACCRA FORMULA
------------------------------------------------------------------------
Merced CA 159.0 160.0%
------------------------------------------------------------------------
Mesa AZ 100.4 100.0%
------------------------------------------------------------------------
Miami Baptist, FL 116.2 120.0%
------------------------------------------------------------------------
Miami FL (Children's) 116.2 120.0%
------------------------------------------------------------------------
Modesto CA 159.0 160.0%
------------------------------------------------------------------------
Mojave CA 118.4 120.0%
------------------------------------------------------------------------
Morgantown WV 101.1 100.0%
------------------------------------------------------------------------
Mt Pleasant TN 91.9 100.0%
------------------------------------------------------------------------
Mt Sterling KY 93.7 100.0%
------------------------------------------------------------------------
Nashville TN 94.7 100.0%
------------------------------------------------------------------------
New Richmond WI 98.1 100.0%
------------------------------------------------------------------------
Newark DE 108.7 110.0%
------------------------------------------------------------------------
Norfolk NE 91.1 100.0%
------------------------------------------------------------------------
Norwich CT 114.4 110.0%
------------------------------------------------------------------------
Odessa FL 98.9 100.0%
------------------------------------------------------------------------
Oklahoma City OK (Seminole) 91.0 100.0%
------------------------------------------------------------------------
Olathe KS 91.7 100.0%
------------------------------------------------------------------------
Omaha NE 89.0 100.0%
------------------------------------------------------------------------
Osage Beach MO 90.1 100.0%
------------------------------------------------------------------------
Oxnard CA 118.4 120.0%
------------------------------------------------------------------------
Pahrump NV 109.9 110.0%
------------------------------------------------------------------------
Palo Alto, CA 159.0 160.0%
------------------------------------------------------------------------
Parsons KS 90.0 100.0%
------------------------------------------------------------------------
Philadelphia PA 123.9 120.0%
------------------------------------------------------------------------
Pueblo CO 90.3 100.0%
------------------------------------------------------------------------
Rancho Cucamonga CA 128.1 130.0%
------------------------------------------------------------------------
Reno NV 112.1 110.0%
------------------------------------------------------------------------
Richmond KY 93.7 100.0%
------------------------------------------------------------------------
Richmond VA 105.9 110.0%
------------------------------------------------------------------------
Roanoke VA 90.7 100.0%
------------------------------------------------------------------------
Rockford IL 99.2 100.0%
------------------------------------------------------------------------
Safford AZ 97.2 100.0%
------------------------------------------------------------------------
Saginaw MI 96.4 100.0%
------------------------------------------------------------------------
Salt Lake City 95.9 100.0%
------------------------------------------------------------------------
San Antonio TX 91.6 100.0%
------------------------------------------------------------------------
San Xxxx PR 97.8 100.0%
------------------------------------------------------------------------
Sarasota FL 107.9 110.0%
------------------------------------------------------------------------
Scottsbluff NE 98.5 100.0%
------------------------------------------------------------------------
Seminole OK 91.0 100.0%
------------------------------------------------------------------------
Shelbyville TN 91.9 100.0%
------------------------------------------------------------------------
Sierra Vista AZ 94.0 100.0%
------------------------------------------------------------------------
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------------------------------------------------------------------------
REVISED MARCH 1, 2006
------------------------------------------------------------------------
LOCATION ACCRA FORMULA
------------------------------------------------------------------------
Sioux City IA 93.3 100.0%
------------------------------------------------------------------------
Somerset KY 93.7 100.0%
------------------------------------------------------------------------
Sparta IL 94.3 100.0%
------------------------------------------------------------------------
Springfield MO 92.0 100.0%
------------------------------------------------------------------------
Springville/Show Low AZ 112.4 110.0%
------------------------------------------------------------------------
St Cloud MN 100.8 100.0%
------------------------------------------------------------------------
St. Xxxxxx MO 90.1 100.0%
------------------------------------------------------------------------
St. Louis MO 94.3 100.0%
------------------------------------------------------------------------
Sullivan MO 94.3 100.0%
------------------------------------------------------------------------
Tallahassee FL 90.7 100.0%
------------------------------------------------------------------------
Tampa FL 96.0 100.0%
------------------------------------------------------------------------
Texarkana AR 88.7 100.0%
------------------------------------------------------------------------
Truckee 112.1 110.0%
------------------------------------------------------------------------
Tucson AZ - Base 97.3 100.0%
------------------------------------------------------------------------
Tullahoma TN 91.9 100.0%
------------------------------------------------------------------------
Tulsa OK 90.1 100.0%
------------------------------------------------------------------------
Tupelo MS 87.5 100.0%
------------------------------------------------------------------------
Twentynine Palms CA 136.7 140.0%
------------------------------------------------------------------------
Valhalla NY 136.5 140.0%
------------------------------------------------------------------------
Victorville CA 125.8 130.0%
------------------------------------------------------------------------
Warrenton MO 94.3 100.0%
------------------------------------------------------------------------
Waterloo IA 88.9 100.0%
------------------------------------------------------------------------
Wildwood FL 98.9 100.0%
------------------------------------------------------------------------
Xxxxxxx AZ 90.1 100.0%
------------------------------------------------------------------------
Xxxxxxx AZ 112.4 110.0%
------------------------------------------------------------------------
Winston Salem NC 89.6 100.0%
------------------------------------------------------------------------
Worcester MA 118.2 120.0%
------------------------------------------------------------------------
Wytheville VA 90.7 100.0%
------------------------------------------------------------------------
52
