AGREEMENT
Between
CHAUTAUQUA AIRLINES, INC.
And the
FLEET AND PASSENGER SERVICE EMPLOYEES
OF CHAUTAUQUA AIRLINES, INC.
As represented by
THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
AIRLINE DIVISION
Effective:
December 15, 1999 - December 15, 2005
TABLE OF CONTENTS
ARTICLE Page
1. Recognition, Purpose and Scope 1-1
2. Definitions 2-1
3. Compensation 3-1
4. Hours of Service 4-1
5. Overtime 5-1
6. Holidays 6-1
7. Vacations 7-1
8. Leaves of Absence 8-1
9. Sick Leave 9-1
10. Seniority 10-1
11. Probation 11-1
12. Filling of Vacancies 12-1
13. Reduction in Force 13-1
14. Expenses 14-1
15. Grievance Procedures 15-1
16. System Board of Adjustment 16-1
17. Physical Examinations 17-1
18. Orders to Employees 18-1
19. Training 19-1
20. Moving Expenses 20-1
21. Union Security 21-1
22. Severance Pay 22-1
23. Health and Welfare 23-1
24. Safety and Health 24-1
25. General 25-1
26. Part-Time Employees 26-1
27. Uniforms 27-1
28. Duration 28-1
LETTERS OF AGREEMENT
Signing Bonus
Reopener
Personnel Files
Station Enhancement Fund
Out of Station Overtime Availability
Part Time Employee Schedules
Temporary Wage Rate Adjustments
Implementation
Page 2
AGREEMENT
This Agreement, concerning the Fleet and Passenger Service Employees in the
service of Chautauqua Airlines, Inc., is entered into by and between Chautauqua
Airlines, Inc., hereinafter referred to as the "Company," and the International
Brotherhood of Teamsters (IBT), hereinafter referred to as the "Union," pursuant
to the terms of the Railway Labor Act, as amended, in the mutual interests of
the Fleet and Passenger Service Employees and of the Company in order to promote
safety, efficiency, and economy of operations, to provide for orderly collective
bargaining relations between the Company and the Union, to provide a means for
the prompt and equitable disposition of grievances, to provide a method for the
establishment of fair wages, hours of service, and working conditions for the
Fleet and Passenger Service Employees covered herein under, and to increase the
profitability of the Company. In making this Agreement it is recognized to be
the duty of the Union, the Fleet and Passenger Service Employees and the Company
to cooperate fully for the advancement of the purposes of this Agreement.
Page 3
ARTICLE 1
RECOGNITION, PURPOSE AND SCOPE
A. In accordance with Certification No. R-6371 issued by the National
Mediation Board on June 23, 1995, the Company recognizes the
International Brotherhood of Teamsters, Airline Division, as the
collective bargaining representative of the Fleet and Passenger Service
Employees employed by the Company, for the purposes of the Railway
Labor Act, as amended.
B. The purpose of this Agreement is in the mutual interest of the Company,
the Union, and the Passenger and Fleet Service employees, to provide
for the operation of the Company under methods that will further, to
the fullest extent possible, the safety of air transportation, the
efficiency of operation, and the continuation of employment of
Passenger and Fleet Service employees under conditions of reasonable
working conditions and proper compensation, and the profitability of
the Company. It is recognized to be the duty of the Company, the Union,
and the Passenger and Fleet Service employees to cooperate fully for
the attainment of these purposes.
C. This Agreement shall supersede all existing or previously executed
agreements by and between the Company and the Union or any other labor
organization or individual with respect to the rates of pay, rules, or
working conditions specifically covered by the provisions of this
Agreement in accordance with the provisions of the Railway Labor Act,
as amended. Any and all subsequent agreements between the parties shall
be reduced to writing, signed by their authorized representatives, and
become a part of this Agreement.
D. All work defined as Fleet and Passenger Service work shall be assigned
to the employees covered by this Agreement.
E. In accordance with applicable law, there shall be no discrimination by
either party against any Passenger and Fleet Service employee because
of age, race, sex, color, religion, union activity, national origin,
handicap or disability that would not prevent them from safely
performing the duties of a Passenger Service or Fleet Service employee.
F. The provisions of this Agreement shall be binding upon the Company and
its successors or assigns. In the event of a sale or merger in which
the Company is the surviving entity, the terms and conditions of this
Agreement shall be retained in full force and effect unless and until a
determination is made by the National Mediation Board (NMB) as to a
different representative for the craft or class thereunder.
1. Nothing in this Agreement shall prevent the Company from
either acquiring, or establishing, or merging with any other
carrier. In the event of such acquisition, establishment or
merger, the following will apply:
a. The Company will not acquire or establish another air
carrier to replace any present flying performed in
and for the service of Chautauqua Airlines, Inc., or
to avoid the terms and conditions of this Agreement.
Page 4
i. The Company may transfer any aircraft
operated in the Chautauqua system to any
other carrier either it or its parent
controls as long as Chautauqua has
sufficient aircraft to operate Chautauqua's
system, so long as no covered employees will
suffer any loss of pay or be laid off as a
result of such transfer of aircraft.
b. In the event the Company acquires or merges with
another air carrier, the operations are not
consolidated or merged until the seniority lists of
the two Fleet and Passenger Service groups are
integrated in accordance with Sections 3 and 13 of
the Allegheny-Mohawk Labor Protective Provisions; and
i. The Company and the Union meet to negotiate
an appropriate fence agreement pending the
merger.
ii. All other terms and conditions of this
Agreement remain in full force and effect
unless changes are mutually agreed to
between the Union and the Company.
iii. The respective Fleet and Passenger Service
employees' collective bargaining agreements
are merged into one (1) agreement as the
result of negotiations between the Union and
the Company. If a fully merged agreement is
not executed within six (6) months from the
date of merger and if a final and binding
integrated Fleet and Passenger Service
employees system seniority list is not
issued, then the parties shall jointly
submit outstanding issues to binding
arbitration.
G. Any masculine noun or pronoun used in this Agreement shall be
recognized as referring to any employee covered under this Agreement,
whether male or female.
H. The Company shall have sole jurisdiction of the management and
operation of its business, the direction of its working force, the
right to maintain discipline and efficiency in its place of employment,
and the right of the Company to hire, promote, demote, select for
training, discipline, and discharge employees for just cause. The
rights listed herein shall not be deemed to exclude or limit the other
pre-existing rights of management not listed that do not conflict with
other provisions of this Agreement.
I. The Company will not enter into any dry lease or wet lease agreement
without the agreement of the Union, nor contract with or for any other
carrier or entities (government, military or commercial) for services
within the scope of this Agreement without consulting with the Union.
1. No employee within the bargaining unit will be
reduced in status or lose any income or employee
benefits while discussions are taking place.
2. The Union will not disagree to a dry lease when such
dry lease is for the sole purpose of leasing out
excess aircraft owned or leased by the Company. No
aircraft dry leased to another carrier or entity will
be operated into or out of any cities where the
Company operates. Such dry lease will not result in
the reduction
Page 5
in status or the furlough of any Fleet
and Passenger Service Employee in cases where the dry
lease provides a profit to the Company. At the
request of the Union it may review the actual dry
lease documents.
Page 6
ARTICLE 2
DEFINITIONS
A. "Business Agent" means a paid representative from the Union.
B. "Calendar Day" means a period of time commencing at 0001 and ending at
2400, based on local time at the station.
C. "Calendar Month" means the first calendar day of any given month to and
including the last calendar day of that month.
D. "Classification Seniority" means the length of service as a Fleet or
Passenger Service Employee with the Company.
E. "Company Seniority" means the period of time the employee has served as
an employee of the Company in any and all positions including covered
and uncovered positions.
F. "Day Off" means one calendar day free from scheduled duty.
G. "Employee" means a person covered by this Agreement. He must be
knowledgeable and capable of performing duties in the following areas
as required: passenger ticketing, reservations, cargo procedures, gate,
ramp, radio/telephone procedures, catering, deicing, towing/pushback
and light cleaning.
H. "Equalization" means records will be maintained for voluntary overtime
hours to allow the overtime hours to be evenly distributed among the
employee group.
I. "Lead Agent" means an employee responsible for performing work in his
duty assignment area as a working member of his group. He will be
required to direct/train other employees assigned to him to ensure that
the work assigned is performed in an efficient and productive manner. A
lead agent does not have authority to discipline or discharge employees
covered by this Agreement.
J. "Light cleaning" means cleaning such as: wiping down of aircraft
interior surfaces and windows, sweeping and vacuuming, crossing of seat
belts, folding of blankets, removal of trash, cleaning and restocking
of seatback pockets and overhead bins, mopping galley and lavatory
floors.
K. "Station" means the geographical location where an employee is assigned
to work. Base, domicile, and location have the same meaning and are
used interchangeably with station.
L. "Shift" and "Work Shift" mean workdays.
M. "Work Day" means that period of time beginning at the report time for a
scheduled shift and continuing through the end of a scheduled shift. A
workday may overlap two (2) calendar days and can include time for a
split shift.
N. "Work Period" means a work period that consists of a fourteen (14) day
period with not more
Page 7
than ten (10) consecutive work days and with at least two (2)
consecutive calendar days off.
O. "Work Week" means the first seven (7) days of a work period or the
second seven (7) days of a work period.
P. "Anniversary Year" means a one-year period, beginning from the
individual employee's hire date.
Page 8
ARTICLE 3
COMPENSATION
A. Employees will be paid an hourly wage in accordance with the following
schedule:
Pay Rate Pay Rate Pay Rate Pay Rate
Effective Effective Effective Effective
Longevity 11/29/1999 12/15/2000 12/15/2001 12/15/2002
--------- ------------------------------------------------------------------
1-6 months 7.10 7.28 7.46 7.65
7-12 months 7.75 7.94 8.14 8.34
13-18 months 8.10 8.30 8.51 8.72
19-24 months 8.25 8.46 8.67 8.89
3rd year 8.70 8.92 9.14 9.37
4th year 9.20 9.43 9.67 9.91
5th year 9.70 9.94 10.19 10.44
6th year 10.10 10.35 10.61 10.88
7th year 10.50 10.76 11.03 11.31
8th year 11.00 11.28 11.56 11.85
9th year 11.50 11.79 12.08 12.38
10th year 12.00 12.30 12.61 12.93
11th year 12.50 12.81 13.13 13.46
B. Employees who are designated as a Lead Agent shall be paid a minimum
premium of one dollar ($1.00) per hour in addition to all applicable
compensation for hours worked in that status and shall be included in
the calculation of overtime calculation. An employee temporarily
upgraded to a Lead Agent position shall receive the premium for all
hours worked as a Lead Agent.
C. Employees who are required to and obtain their weather observing
license (and retain currency) will be paid a premium of thirty cents
($.30) per hour in addition to all applicable compensation for hours
worked in that status. Employees who voluntarily obtain their weather
observing license (and retain currency) will be paid a premium of
thirty cents ($.30) per hour in addition to all applicable compensation
when working at a station where weather observation is required.
D. All employees shall be capable of performing all tasks assigned by
management with the exception of flight attendant/maintenance/lead
agent/pilot/dispatch/accounting/ and executive and there shall be no
distinction for compensation or seniority because of the actual task
performed except those enumerated in paragraphs B and C, above.
E. When the Company has acknowledged that there is a shortage equal to one
(1) day's pay or more in the pay of an employee, the employee will be
reimbursed for such shortage as soon as possible but in no case later
than three (3) working days.
F. When there is an overpayment to a covered employee, the Company will
notify the affected employee, provide documentation and substantiation
of the overpayment and arrange a mutually agreeable repayment schedule.
The Company may require the employee to authorize the Company to deduct
repayment from his subsequent check(s). The maximum amount that can be
Page 9
deducted from each pay period shall be fifty dollars ($50.00), unless
the amount of overpayment exceeds five hundred dollars ($500.00), in
which case the repayment amount will not be more than twenty percent
(20%) of the original repayment amount per pay period. An employee and
the Company may agree to different repayment terms.
G. Paychecks will include an itemized statement of all hours, wages,
adjustments and deductions for the pay period including, but not
limited to: withheld taxes, union dues, 401(k) contributions, Section
125 deductions, uniform deductions, etc., as well as year to date
wages, FICA and withheld taxes.
H. Employees leaving the service of the Company will be paid for all the
time due at the earliest possible time after separation and in
compliance with state law.
I. Increases are effective for employees paid bi-weekly starting with the
pay period that begins nearest the employee's anniversary date, and for
employees paid weekly, starting with the pay period in which the
anniversary date falls.
Page 10
ARTICLE 4
HOURS OF SERVICE
A. All time worked in any continuous work day, including overtime, shall
be considered as work performed on the calendar day the work day is
started.
B. Work schedules will be posted for bid as far in advance as possible but
no later than ten (10) calendar days before the bid closing date. Work
schedules will be awarded and posted ten (10) calendar days before
their effective date. Work schedules may be rebid when required by the
Company or once each ninety (90) calendar days from the date of the
last rebid, whichever is sooner. If an employee fails to bid through no
fault of his own, he will be assigned a work schedule closest to or the
same as his previously scheduled starting time within his work
assignment. If an employee does not bid sufficient slots or does not
enter a bid, he will be assigned to any remaining open slot after all
bids have been awarded.
1. Separate work schedules will be posted for each work
assignment, if applicable (Fleet Service, Passenger Service).
Award of work shifts, including hours and days off, shall be
based on applicable classification seniority.
2. An employee on an authorized leave of absence is not permitted
to bid a work schedule if his date of return to work is after
the expiration of such bid period. Employees returning after
such bid period or those who failed to bid while on such leave
will be assigned a work schedule.
3. An employee who transfers into another location will be
assigned a schedule until he participates in the next bid.
4. An employee may be scheduled up to thirteen (13) hours in any
one shift, excluding time for a meal period.
C. Trading of shift assignment or days off shall be permitted if requested
in writing and signed by all the employees involved in the swap and
submitted no later than the day before the first intended swap and are
subject to approval in writing by the appropriate manager, or his
designee. Shift trades outside of duty assignment; for example, gate to
ramp, etc., must be approved by appropriate management. Management
reserves the sole discretion in approving swaps. Management will
endeavor to accommodate the employee whenever practical.
1. There will be no overtime restrictions on employees who swap
shifts. However, there will be no overtime paid for any
scheduled hours as a result of shift swaps (See example
below). Employees who trade shifts become responsible to work
the shift as agreed to as if the shift were part of their
regular assignment.
Example:
a. Xxx has worked 75 hours
Xxxx has worked 70 hours
Page 11
Xxxx swaps with Xxx for a 10-hour shift. Xxx works 85
hours in pay period Xxx receives no overtime pay.
b. #1 has worked 75 hours
#2 has worked 75 hours
#2 swaps a 10-hour shift with #1
#1 works 85 hours in pay period
#1 gets paid for 5 hours overtime
c. #1 is scheduled for a 10 hour shift
#2 swaps shift with #1 and actually works 11 hours.
#2 is paid 1 hour overtime
D. For shifts scheduled for six (6) hours or more, unpaid meal periods of
not less than thirty (30) minutes and not more then sixty (60) minutes
shall be scheduled between the third (3rd) and fifth (5th) hour of the
shift. If a meal period cannot be taken in the specified time frame, it
will be rescheduled, and the employee will be paid one-half (1/2) hour
at the applicable overtime rate in addition to his regular pay.
E. The Company will not schedule an employee for less than nine (9)
consecutive hours of rest between his shifts. When an employee is
required to work and has less than nine (9) consecutive hours of rest
between his shifts, the Company will either relieve him of duty with
pay from such portion of his shift so as to give him the nine (9)
consecutive hour rest period or compensate him for those hours worked
at two (2) times his hourly rate for the number of hours his minimum
rest period was reduced. If the employee is required to work overtime
(mandatory) and this results in insufficient rest, the employee will
then be entitled to this provision.
This provision shall not apply:
1. If insufficient rest is caused as a result of the employee's
new work schedule at a periodic shift bid.
Example:
Xxx worked on 4/15/99 until 11 PM. Periodic schedule changes
on 4/16/99. Joe's new start time is 6AM on 4/16. Xxx gets no
additional pay or rest.
2. If the employee volunteers for overtime or a swap that causes
the insufficient rest.
3. If the employee is working a scheduled split shift.
F. An employee transferred or assigned temporarily or permanently to a
higher paying classification shall receive the higher rate of pay for
all time worked in such classification. An employee
Page 12
temporarily assigned to a lower paying classification shall not have
his rates of pay reduced. An employee permanently reclassified to a
lower paying classification shall have his pay rate lowered on the date
of reclassification.
G. When occasions arise beyond the Company's control, such as unscheduled
absences, or due to weather or other Acts of God, then non-covered
personnel may perform covered personnel's work until such time as there
are sufficient covered personnel available, at their place of work, to
perform their work through the awarding of voluntary overtime to
employees, or, in the absence of volunteers, the assigning of mandatory
overtime to employees, in reverse seniority order, utilizing the
equalization process.
H. In stations with twenty (20) or less employees, management personnel
will be regularly scheduled to work and perform similar, same, and
equal tasks as those performed by covered personnel.
I. The Company may schedule employees for split shifts. A split shift
schedule will include at least three (3) hours of scheduled work on
each side of an unpaid break that is not scheduled to exceed six (6)
hours. An employee may perform voluntary or involuntary overtime during
the scheduled break.
Page 13
ARTICLE 5
OVERTIME
A. Where the Company determines that overtime work is required, such
voluntary overtime work will be proffered to qualified covered
employees on an equalized basis.
B. Voluntary overtime will be proffered to the covered employee whose name
appears on the overtime availability list with the lowest number hours
of overtime worked to the date of proffer. If two (2) or more
volunteering employees have the same number hours of overtime, the
senior employee will be offered the overtime first.
C. If no employee accepts voluntary overtime, then the Company may assign
mandatory overtime in reverse order of seniority, using an equalization
method. Prior to assigning mandatory overtime the Company will:
1. Identify all available overtime in an Overtime Book, updated
daily and accessible at all times.
2. Make every reasonable effort to secure voluntary overtime.
The Company will not utilize mandatory overtime as a means to
circumvent the rest and normal staffing requirements of Article 4.
D. All equalization records for voluntary overtime will be set back to
zero (0) hours on January 1st, and July 1st of each calendar year.
E. Voluntary overtime that is proffered to an employee one (1) hour or
less prior to its beginning, if refused, will not be charged to the
employee on equalization record as if worked.
F. Voluntary overtime shall be paid as follows:
1. Time worked in excess of an employee's scheduled shift but
less than twelve (12) hours in a single shift 1 1/2X the hourly
rate
2. Time worked in excess of twelve (12) hours in a single shift 2X the hourly rate
3. Time worked up to ten (10) hours on the first day off hourly rate 1 1/2X the
4. Time worked in excess of 10 hours on the first day off 2X the hourly rate
5. Time worked on a second or subsequent day off in a work week 2X the hourly rate
G. Mandatory overtime will be paid at the rate of 2X the hourly rate for
all hours worked. Up to three (3) hours worked in excess of the
scheduled shift during the last shift of the day, as a result of
irregular flight operations, whether voluntary or involuntary, is not
paid at the mandatory overtime rate.
Page 14
H. When in the Company's judgment it is not economically efficient to work
a continuous shift for one or more employees, split shifts may be
scheduled.
Page 15
ARTICLE 6
HOLIDAYS
A. An employee who is assigned to duty by the Company on any of the below
listed holidays will receive pay at the compensation cited in Article
6.D., below.
New Year's Day Labor Day Day after Thanksgiving
Thanksgiving Day Memorial Day
Christmas Day Independence Day
B. If an employee is scheduled to work a holiday and the employee does not
show up for work without proper notice and valid cause, the employee
will not receive holiday pay. Proper notice shall be defined as one (1)
hour notice before start time of the employee's scheduled shift with a
valid excuse.
C. All full-time employees will receive eight (8) hours of pay on the
above-designated holidays or eight (8) hours off with pay at the
Company's discretion. All part-time employees will receive four (4)
hours of pay on the above-designated holidays or four (4) hours off
with pay at the Company's discretion. If an employee is absent for any
reason on the scheduled work day before or after the holiday, he will
not be entitled to pay for the holiday.
D. Employees who work the holidays designated above will, in addition to
the hours of pay provided for in paragraph C., above, be compensated at
the greater of 11/2X their hourly rate for all hours worked on the
holiday or the overtime provided for in Article 5.F.
Page 16
ARTICLE 7
VACATIONS
A. Vacation Policy
1. All employees are eligible for paid vacation. The rate at
which an employee accrues vacation is based on the employee's
Company seniority. The number of days an employee actually
accrues vacation, to be used in the next year, is based on the
employee's accrual rate and the number of pay periods the
employee is active in the current year.
2. Accrual Schedule - The number of vacation hours an employee
actually receives will be based on his accrual rate and the
number of pay periods the employee is active in the prior
year. The employee must be at work, on paid sick leave, on
vacation, or on a Company-offered leave of absence for more
than one pay period in a month in order to be considered to be
an active employee for vacation accrual purposes.
The number of vacation hours earned is based on the following
rate of accrual:
Years of Service Annual Accrual Accrual Per Pay Period
----------------------------------------------------------
1- 7 years 80 hours 3.08 hours
8+ years 120 hours 4.62 hours
3. Employees working on schedules other than five (5) day work
weeks will be paid for vacation based on forty (40) hours per
work week. Employees are compensated for earned vacation in
proportion to their normally scheduled work week in effect at
the time they take their vacations.
4. An employee who leaves the Company voluntarily will receive
full payment for unused vacation time credited from the
previous year as well as vacation accrued in the year of
separation.
5. An employee who has not accrued six (6) months of Company
seniority is not eligible for vacation pay upon termination.
6. In the event of the employee's retirement, permanent
disability or death, current year accruals will also be paid.
7. An employee may elect any of the following options in
connection with any unused vacation:
a. Elect to be paid for remaining vacation. Pay-out
will be made on the first paycheck following
January 1st of the next year, or
b. Elect to carryover the remaining vacation to the next
year.
Page 17
B. Vacation Bidding
1. Vacations will be bid by station and awarded based on
Classification Seniority.
2. Bids will open November 1st and close November 15th of each
year. Available vacation weeks will be evenly distributed
throughout the year. Bids will be submitted on the Vacation
Bid form. Vacation awards will be posted no later than
December 1st.
3. Once an employee is eligible for eighty (80) hours of vacation
or more, the employee may split the employee's vacation into
separate periods of complete weeks and, if a partial week
remains, it may be taken in conjunction with one (1) of the
employee's complete weeks.
4. Although vacation weeks are bid using the Sunday date, the
actual vacation begins following the scheduled days off in
that week except that employees with Friday and Saturday or
Saturday and Sunday will start their vacation in conjunction
with their days off at the beginning of that week, unless the
employee and the supervisor agree otherwise.
5. Employees who are involuntarily transferred may elect to keep
the vacation period they bid on the prior November bidding
period.
C. VAC-DAT (Vacation-Day-At-A-Time)
1. Employees may elect to designate any amount of earned vacation
days to be taken as day-at-a-time (VAC-DAT). The employee may
designate the number of VAC-DAT days during the vacation
bidding in November.
2. During the year, an employee may request VAC-DAT for a
specific day or sequence of days if the employee has VAC-DAT
available. At each non-hub station at least one (1) VAC-DAT
per shift, per day, with a maximum of two (2) per day, and at
hub stations up to one (1) Passenger Service employee and one
(1) Fleet Service employee per shift per day to a maximum of
four (4) per day (two (2) per classification) will be
automatically approved provided the request is submitted at
least three (3) weeks in advance on a first- come,
first-served basis. Requests not eligible for automatic
approval will be reviewed and the employee notified whether it
is approved, within seventy-two (72) hours after submission.
Requests submitted with less than three (3) weeks notice may
also, subject to the needs of the operation, be approved.
Shift swaps submitted as a result of non-approved VAC-DAT
requests will not be denied.
3. Once a request has been properly made, the VAC-DAT must be
taken as scheduled unless agreed to otherwise by the employee
and the supervisor.
4. VAC-DAT cannot be scheduled on a holiday. Further, VAC-DAT
cannot infringe on any existing rules regarding a holiday.
5. An employee may split a VAC-DAT into one (1) hour increments.
Page 18
D. Changes To The Posted Schedule
1. If necessary, additional periods will be opened during the
year to accommodate additional vacations because of an
increase in complement or changes in the work group that
increase the number of weeks to be taken, unless those weeks
can be accommodated in the existing periods. In all other
cases, any open week on the vacation schedule will be
available for employees within the vacation bid group who wish
to switch their scheduled weeks of vacation.
2. An employee must notify his supervisor at least two (2) weeks
prior to the employee's scheduled vacation period or two (2)
weeks prior to the effective date of the vacation period the
employee wishes to select, whichever occurs first. The request
must be made in writing. If the employee is the most senior
employee to make such a request, the supervisor will approve
the change, and the posted vacation schedule will be revised
accordingly.
3. Any vacation period vacated on the vacation schedule will
remain open for seventy-two (72) hours prior to being awarded
to the senior eligible bidder within the vacation group. No
vacation will be bid for seventy-two (72) hours after shift
bid change. Then the senior eligible bidder on the shift or
coming on the shift will bid first.
E. Perfect Attendance Incentive
For each rolling consecutive six (6) month period of perfect
attendance, each full-time employee shall be entitled to eight (8)
additional vacation hours, up to a maximum of sixteen (16) hours in
each calendar year. Part-time employees will be eligible to receive
four (4) hours and eight (8) hours respectively. At the option of the
employee, perfect attendance days may be taken as day-at-a-time, added
to the employee's vacation bank or, with the mutual agreement of the
Company, added to the employee's awarded vacation days.
F. Improvements to Vacation
If the Company increases the amount of vacation entitlement for any
other work group, excluding any represented work group, it will
increase the entitlement for employees covered by this Agreement an
equivalent amount.
Page 19
ARTICLE 8
LEAVES OF ABSENCE
A. Personal Leave of Absence - The Company at its sole discretion may
grant a personal leave of absence without pay to an employee for a
period of time determined by the Company, or as may be extended by
written mutual agreement of the parties hereto. Employees shall submit
their request for a personal leave of absence, or extension of a leave
of absence, in writing, setting forth the reasons for the leave. The
Company will then return to the employee a written approval or denial
of the request. If the leave is approved, the Company shall, in
writing, specify the details of the leave including, but not limited
to, the date on which the employee must report back and be ready to
work at his designated place of work. The Company reserves the right to
terminate an employee's employment if he does not return to work on his
designated return date. While on a personal leave the employee will
continue to accrue seniority for up to ninety (90) days but will not
accrue benefits. However, the employee on a personal leave of absence
may elect to continue health and life insurance benefits, provided the
employee pays in advance the full monthly cost of such benefits to the
Company.
B. Medical and Occupational Leave of Absence
1. A medical leave of absence, without pay, will be granted for a
non-occupational sickness or injury after the employee has
exhausted his accrued sick leave and upon the receipt of a
written verification from a qualified medical doctor. Such
written verification shall state at a minimum that (1) the
employee is unable to perform his work due to such disability,
(2) the doctor's estimate of the anticipated duration of the
medical leave and (3) the doctor's opinion that the employee
will be able to return to work in the same position the
employee had before the sickness or injury in less than five
(5) years.
2. The employee shall accrue Company and Classification Seniority
but not accrue benefits and/or pay during the period of a
leave for his medical disability.
3. In no case shall a medical leave exceed a total continuous
period of five (5) years.
4. An employee desiring to return to duty upon expiration of his
medical leave shall, in accordance with his seniority, be
permitted to return to his former position or, if the former
position is not available, utilize Article 13.A. to displace a
less senior employee.
5. Occupational Injury Leave of Absence - An unpaid leave of
absence will be granted to an employee who suffers an
occupational injury/sickness after the employee has exhausted
his accrued sick leave. If an employee is found fit for "light
duty" i.e., a physician certifies that an employee will be
able to return to full duty on a certain date and that he is
able to perform certain restricted duties as may be assigned
by the Company for up to a two (2) week period prior to such
release date, the Company will provide such light duties, if
such duties are available and said employee is qualified, to
aid in an employee's rehabilitation. An employee on
occupational injury leave shall retain and continue to accrue
seniority for a maximum of five (5) continuous years. After
five (5) continuous years the employer/employee relationship
will terminate.
Page 20
6. An employee who returns to work from an authorized leave of
absence within six (6) months of the last day he worked shall
be permitted to resume his position in the same status and
position to which he was assigned. If an employee does not
return to work within six (6) months of the last day he
worked, when he does return, he shall be permitted to assume
his former position, if still vacant, or exercise Article
13.A. to displace a less senior employee. If an employee does
not return to work on the specified date after a leave of
absence, his employment may be terminated at the Company's
option.
C. Military leave - The Union and the Company agree to abide by all
Federal and State laws in regard to the granting of military leave to
employees who are called to Reserve or National Guard duty. The Company
will grant a leave of absence, without pay, not to exceed fifteen (15)
days, to any person ordered to Reserve or National Guard duty for
annual training, or in the case of a national emergency, or as
otherwise required by federal law. The employee shall give the Company
notice within twenty-four (24) hours of the employee's receipt of
notification of said active duty. An employee who desires to volunteer
for extended duties must get prior approval from the Company.
D. Jury Duty Leave
1. An employee shall provide the Station Manager with a copy of
the summons or notice of jury duty immediately upon the
receipt of such documents. The employee shall concurrently
provide the Company with authorization to intercede with the
appropriate authorities for the purpose of removing him from
jury duty.
2. An employee who is required to serve on jury duty shall be
granted a leave of absence for that purpose.
3. An employee who is called for jury duty will not be paid the
difference between his regular pay and jury duty pay.
4. Immediately upon release from jury duty, the employee shall
notify the Company of his availability for work. An employee
called for jury duty whose services in court are not required
on a specific day or who is released within two (2) hours of
reporting for jury duty will contact his supervisor to
determine if he is needed to report to work for the remainder
of the scheduled shift and will be paid for any hours actually
worked.
5. An employee on jury duty leave shall continue to accrue
seniority, longevity and all benefits as if he had been in
active service.
6. An employee may take an unpaid eight (8) hour rest prior to
serving on jury duty and/or an unpaid eight (8) hours rest
after being relieved from jury duty prior to reporting to
work.
E. Bereavement/Emergency Leave
1. If a member of an employee's immediate family suffers a death,
he shall immediately notify the Station Manager and he will be
granted up to five (5) consecutive working days paid leave
beginning within five (5) calendar days following the date of
the death. An
Page 21
employee's immediate family shall be defined as an employee's
mother, father, spouse, children, stepchildren, brother, and
sister. Up to three (3) consecutive working days of paid leave
will be granted for the death of the employee's mother-in-law,
father-in-law, or grandparent.
2. Such family emergency leave may, upon request, be extended. If
the leave is extended, it shall be without pay or, at the
option of the employee, be with pay charged against the
employee's earned sick bank. The employee will be paid for all
scheduled hours of work during the leave period but not during
any extensions thereto, except as otherwise provided for in
this paragraph.
F. Family and Medical Leave of Absence - All full-time and part-time
employees covered by this Agreement, including those locations with
less than fifty (50) employees, who have worked more than 1250 hours in
the preceding twelve (12) months, and who have twelve (12) months of
service, will be eligible for the "Family and Medical Leave Act of
1993." While on family leave, the employee will continue to accrue
seniority and all benefits, without interruption and at no cost to the
employee. Upon return from family leave, the employee will have the
option to return to the position held prior to the leave, or exercise
Article 13.A.
G. Union Leave
1. At the request of the Union (thirty (30) day advance notice
given to the Company) an employee shall be granted an
indefinite Union leave of absence without pay to accept
employment with the Teamsters Airline Division. While on such
leave, the employee shall continue to accrue seniority and
will be covered by Company health and life insurance the cost
of which will be reimbursed to the Company by the Union at the
monthly rate of twenty-three percent (23%) times the
employee's monthly regularly scheduled hours, prorated. The
employee will maintain all other benefits covered by this
Agreement and may continue to participate in the 401(k) Plan.
The Company's share of the 401(k) Plan shall be fully
reimbursed to the Company by the Union. No more than one (1)
employee shall be permitted a Union leave at one time. Upon
return from leave, an employee on Union leave will be given
recurrent training necessary to remain current as a Chautauqua
employee.
2. AT THE REQUEST OF THE UNION, THE COMPANY WILL, SUBJECT TO THE
NEEDS OF THE SERVICE, RELEASE EMPLOYEES FOR THE PURPOSE OF
CONDUCTING UNION BUSINESS. REQUESTS FOR RELEASE MUST BE
SUBMITTED IN WRITING TO THE STATION MANAGER AT LEAST SEVEN (7)
DAYS BEFORE THE REQUESTED DAY(S) OFF. THE COMPANY MAY WAIVE
THE SEVEN (7) DAY REQUIREMENT. SHIFTS DROPPED TO ACCOMMODATE
SUCH LEAVES WILL BE HANDLED AS PROVIDED IN ARTICLE 4.
3. Reimbursement for Pay Loss
Except as provided in Article 8.G.1., the Union shall
reimburse the Company for Union leave paid to an employee by
multiplying the number of hours normally scheduled to work and
paid by the Company times the applicable hourly rate for the
employee, plus twenty-three percent (23%) to cover the cost of
fringe benefits.
Page 22
H. Maternity Leave
1. Maternity leave for employees shall be handled in accordance
with applicable law.
2. An employee shall notify the Company immediately upon
confirmation of her pregnancy.
3. A pregnant employee shall be permitted to continue in service
until her physician determines that she is no longer able to
perform all required employee duties.
4. An employee who ceases to perform employee duties shall be
placed on sick leave. Following exhaustion of sick leave
benefits, the employee shall be placed on medical leave.
I. Return from Leave
Immediately after the expiration of a leave of absence, an employee
will return to the job classification and base station where he was
assigned immediately prior to the leave. If the station no longer
exists for employees, the employee may displace a less senior employee
in the station of his choosing.
Page 23
ARTICLE 9
SICK LEAVE
A. Sick Pay Bank
Paid sick time is provided to allow the time off necessary to
recuperate from illness or injury.
B. Definitions
1. Sick Pay - is pay to an eligible non-probationary employee who
cannot perform his regular duties because of sickness
(physical or psychological) or non-occupational injury,
including maternity. Sick pay may also be utilized when an
employee's presence would jeopardize the health of others
because of exposure to a contagious disease. Sick pay does not
cover time for routine physical examinations or dental
check-ups. Pay during a period of sick absence will be based
on the employee's base rate and scheduled hours.
2. Worker's Compensation Temporary Disability Pay - is pay to an
eligible employee unable to work because of an injury on the
job at the Company.
a. The injury must be one that is covered by the
applicable state worker's compensation law and must
be verified in writing by the treating physician.
b. Payment for occupational injury by the Company's
insurance carrier, or the state, is generally set at
a percentage of the employee's average weekly wage.
However, this rate and the maximum weekly payment may
vary from state to state.
3. State Mandated Benefits - are disability income benefits
required by law in certain states. State mandated benefits may
include or require payments from an outside source.
4. In no event may an employee be entitled to State Mandated
Benefits and Sick Pay in excess of the employee's normal rate
of pay times his scheduled straight time hours.
5. Base Rate or regular rate, as used in this Article, is an
employee's base hourly rate plus all premiums he normally
receives.
C. Sick and Occupational Injury Accrual
Full time employees accrue hours of sick pay credits for each month
that they are in a paid status, up to a maximum of six hundred sixty
(660) hours sick pay (see paragraph K., below).
YEARS OF SERVICE PAY PERIOD ACCRUAL ANNUAL ACCRUAL
---------------------------------------------------------------------
1st Year .92 Hours 24 Hours
2nd Year 1.54 Hours 40 Hours
3rd Year 1.85 Hours 48 Hours
4th Year 2.15 Hours 56 Hours
5th Year and thereafter 2.77 Hours 72 Hours
Page 24
D. Commencement and Payment of Paid Sick Time
Sick time is paid based on the number of hours in the employee's
regular work schedule. Pay will be at the employee's normal rate until
his sick bank has been exhausted or the employee returns to work.
E. Use of Sick Pay for an Occupational Injury
An employee may elect to use his Sick Pay to supplement Worker's
Compensation benefits.
F. Exhaustion of Sick Pay
When an employee exhausts his accrued sick leave, the employee will be
placed on an unpaid medical leave of absence. An employee will not
accrue Sick Pay while on a medical leave of absence.
G. Travel While on Sick Pay Status
Employees on sick pay status may use their pass privileges or reduced
rate travel for personal travel. Eligible family members (and buddies
if accompanied by the employee's spouse or other eligible family pass
rider), are permitted to travel while the employee is in a paid status.
To allow time for family members to return from trips in progress or be
notified to make alternate travel arrangements, eligible family members
may continue to travel for thirty (30) days from the date an employee's
status changes to "unpaid" (i.e., an employee has exhausted his accrued
sick leave)
H. Request for Medical Documentation
The Company may request a doctor's note after an employee has been off
duty due to illness or injury in excess of three (3) consecutive days
or where there may be suspected abuse.
I. Worker's Compensation and Occupational Injury
Worker's Compensation Temporary Disability payments will be made
directly to the employee by the Worker's Compensation carrier (or the
state) in the amount equal to the statutory requirements. Payments will
be made to the employee, by the Company, in the amount calculated to be
the difference between the employee's regular base pay and the
statutory payment amount, until such time as the employee's accrued
sick leave (if elected) is exhausted.
J. Sick Pay Bank
The maximum six hundred sixty (660) hour Sick Pay bank provided for in
paragraph C above is divided into accounts of three hundred sixty (360)
and three hundred (300) hours. Only after accruing the maximum three
hundred sixty (360) hours in the first account may an employee begin
accruing toward the maximum three hundred (300) hours in the second
account. The three hundred (300) hour account may be used only for
major, long term illness or injury (i.e. longer
Page 25
than thirty (30) calendar days), and then only after the three hundred
sixty (360) hour regular account has been exhausted. Upon retirement,
employees are entitled to be paid for all accrued but unused sick pay
bank hours.
Page 26
ARTICLE 10
SENIORITY
A. Company seniority shall be based upon total uninterrupted service with
the Company from the employee's date of hire.
B. Classification seniority shall be the total time employed in Passenger
and Fleet Service functions. Classification seniority shall govern all
covered employees in their retention in case of a reduction in force,
voluntary demotion, bidding rights for work schedules, choice of
vacation periods, choice of and filling of vacancies and recall after
release due to reduction in force.
C. Employees with the same hire date will be placed on the seniority lists
according to the last four digits of their social security number
reading from left to right (the employee with the higher number will be
placed on the list first.).
D. An employee who is accepted for transfer within the Company outside the
scope of this Agreement shall retain but not accrue seniority as above
in Article 10 B. for up to six (6) months. After six (6) months, the
employee shall be removed from the seniority list and lose all rights
to return to the covered class.
E. A classification seniority roster reflecting the job title, Company and
classification seniority dates and domicile of each employee shall be
brought up to date as of June 1st and Dec 1st of each year and posted
on each bulletin board at each location where there are individuals
employed under this Agreement within thirty (30) days following such
dates. In addition, the Company shall, on a monthly basis, make
available to the Union a list of changes affecting this roster. A copy
of the seniority list will be furnished to each Xxxxxxx at each station
and to the Union Business Agent.
F. Employees who wish to protest any omission or error affecting their
classification seniority shall follow the normal grievance procedure
within thirty (30) days of posting of the erroneous information on the
bulletin board in their domicile. It is the intent of this section to
ensure each employee his rightful classification seniority accrual and
position on the Company seniority roster.
G. An employee covered by this Agreement shall lose his seniority status
and his name shall be removed from the seniority lists under the
following conditions:
1. He quits, resigns, or retires.
2. He is discharged for cause (after grievance procedure is
exhausted).
3. He does not return to duty from furlough within the time
limits.
4. Or as otherwise provided in this Agreement.
Page 27
ARTICLE 11
PROBATION
A. An employee shall be on probation during the first ninety (90) days
after the date of placement on the Company payroll.
B. The provisions of Article 15.E. shall not be available to probationary
employees, and no grievance related to discipline or discharge may be
filed by them or on their behalf. However, a probationary employee may
file non-disciplinary grievances in accordance with Articles 15.A.-F.
C. The Company has no responsibility to re-employ any employee separated
during his probationary period.
D. If an employee's service is broken during his probationary period as a
result of an involuntary action (i.e., reduction in force) and the
employee is recalled within a period of twenty-four (24) months, the
employee's seniority date will be adjusted to reflect credit for all
past service. An employee will not accrue benefits such as sick or
occupational injury leave, or vacation, or holidays, etc., during any
period of separation.
E. The Company may terminate any employee during their probationary period
with or without cause at the Company's sole discretion. The Company
shall not be required to inform the employee or the Union of the reason
for the probationary employee's termination.
Page 28
ARTICLE 12
FILLING OF VACANCIES
A. Permanent Vacancies
1. A permanent vacancy is one where the Company determines there
is an open position in a covered function with an expected
duration of at least one hundred twenty (120) calendar days or
more, and where the total complement of covered employees does
not change, and where a shifting of employees from one covered
duty assignment to another, or from one position to another
position is required, or as per paragraph 12.A.5.e., below.
There is no vacancy deemed to exist for system bidding
purposes when any of the above events occur.
2. When the Company fills a vacancy at any covered station, it
will be filled by the Vice President-Customer Service, or his
designee, from the results of a system bid. The senior
employee qualified to fill the vacancy with a bid on file will
be awarded the job.
3. Bids for a change of location or from part-time to full-time
shall be submitted in writing to the Vice President-Customer
Service, or his designee, with copies to the Manager of the
location desired and a copy to the Xxxxxxx. Bids shall be
acknowledged by the Vice President-Customer Service, or his
designee.
4. Each station shall have at least one Lead Agent or a
Supervisor. At stations with more than twenty (20) covered
employees, a ratio of one (1) Lead Agent for each fifteen (15)
covered employees regularly assigned to that station shall be
maintained. Lead agents shall be chosen from among those
full-time employees expressing a desire for the position and
shall be awarded to the most senior qualified employee at the
location as determined by the Company.
5. Miscellaneous
a. All vacancies will be posted in US Airways SABRE
reservations system. Bids must be received by the
Vice-President of Customer Service, or his designee,
prior to the bid closing date as posted in the US
Airways SABRE reservations system.
b. An employee may withdraw any bid he has filed by
submitting to the Vice-President of Customer Service,
or his designee, and the Union a written withdrawal
forty-eight (48) hours prior to the bid closing date.
c. An employee whose bid is awarded and who accepts the
bid will not be eligible to bid another
vacancy/position for six (6) months, except employees
will not be precluded from accepting promotions into
the higher classification of Lead Agent.
d. An employee whose bid is awarded shall be notified
promptly. All bid awards will be posted in US Airways
SABRE reservations system. The employee shall be
available immediately after such notification except
where such award requires a transfer to another
covered station, in which case the employee may
request his
Page 29
supervisor to exchange his regular days off to those
consistent with his reporting date at the new
station. Employees will be granted up to ten (10)
days without pay to effect their move to the new
station.
e. Prior to considering any bid for a vacancy, all
furloughed, covered employees at the location where
the vacancy exists shall be recalled, then any
furloughed covered employees at other locations will
be given an opportunity to fill the opening, before
hiring a new employee to fill the vacancy.
f. Probationary employees are ineligible to bid under
this Article, except those probationary employees can
have a request on file and will receive consideration
before new hires.
B. Temporary Vacancies
1. A temporary vacancy is where the Company determines there is
an open position in a covered function at a covered station
with an expected duration of one hundred and twenty (120)
calendar days or less to cover personal leaves of absence,
maternity leaves, military leaves, etc.
2. Temporary vacancies may be extended to a maximum of one
hundred eighty (180) calendar days (the original one hundred
twenty (120) and up to an additional sixty (60), if necessary)
where the specific leave requirements necessitate.
3. Temporary vacancies will be filled by giving an option to
furloughed covered employees at the location where the vacancy
exists in order of seniority to fill the vacancy, then to
furloughed, covered employees at any covered location.
4. If there are no employees on furlough, then the temporary
position will be filled as followed:
a. When temporary full-time positions become available,
they will be offered to the most senior part-time
agent with a request on file.
b. Any subsequent temporary full-time position that
becomes available at a covered location will be
offered to the most senior part-time agent with a bid
on file, whether he is presently working as a
part-time agent or is in another temporary full-time
position at that location.
c. If it is necessary to eliminate a temporary full-time
position, the junior part-time agent covering a
temporary full-time position will be reduced to his
former part-time status.
d. If there is no qualified covered part-time employee
willing to accept the available temporary full-time
position, the Company may assign the most junior
covered employee at the location or hire a new
employee.
Page 30
5. Temporary full-time employees will accrue seniority at the
regular full-time rate.
6. An employee who is awarded a temporary vacancy shall receive
lodging and a meal allowance in accordance with Article
14.A.3.
Page 31
ARTICLE 13
REDUCTION IN FORCE
A. A reduction in force shall be in the reverse order of classification
seniority at the location. An employee who has completed his
probationary period and who is notified he is affected by the reduction
in force, at his option, may make one of the following choices:
1. Exercise his seniority to accept a transfer to a vacancy at
any covered station.
2. Exercise his seniority to "bump" the least senior employee on
the system.
3. Accept furlough at his domicile.
B. Furloughed employees will be offered re-employment in the order of
their classification seniority at their domicile. Vacancies shall not
exist at a location until all employees eligible to fill the vacancy at
the location (those on furlough or those transferred due to exercising
the above option) have been recalled and offered employment and then as
per Article 12.A.5.e. An employee who transferred to another station
from his original station or was furloughed shall retain the rights to
recall to his previous station for a period of eighteen (18) months.
C. Expiration of Recall Rights
1. An employee furloughed due to a reduction in force shall
continue to accrue Company seniority and Classification
seniority, but not benefits, for the greater of five (5) years
from the date of furlough or a period equal to their
classification seniority accrued up to the time of furlough.
2. If the employee is not recalled within the time specified in
Article 13.C.1., above, employment and seniority rights will
expire.
D. An employee who has been released due to a reduction in force shall
file his address in writing with the Director of Human Resources and
shall, thereafter, promptly advise the Director of Human Resources, in
writing, of any change in his address. The Company will send notice to
the address of record via U. S. Postal Service, certified-return
receipt requested. If the furloughed employee does not contact the
Company within fourteen (14) days from the date of receipt of notice of
recall, his name will be dropped from the seniority lists.
E. An employee is entitled to preference in re-employment only if he
conforms to the following conditions:
1. Comply with the provisions in Article 13.D., above.
2. Give written notice via personal service, telegram, or
certified mail, return receipt requested, of his intention to
return to the service of the Company within seven (7) calendar
days of receipt of such written certified notice from the
Company to return.
Page 32
3. Return on the specified date, which date shall not be less
than twenty (20) calendar days after notice to return is sent
by Certified Mail or telegram to the last address filed with
the Director of Human Resources.
4. If a furloughed employee does not return on the specified
return date, he will be removed from the seniority lists,
unless, by mutual agreement extenuating or mitigating
circumstances existed to extend the return date.
F. Notice of Reduction in Force
1. The Company will give the employee two (2) weeks notice in
writing in the event of a reduction in force, or pay in lieu
thereof. However, such notice requirements shall be waived in
cases of an Act of God, strike involving a group of organized
employees on the carrier, or circumstances beyond the control
of the Company.
2. The Company will comply with the WARN Act where applicable.
Page 33
ARTICLE 14
EXPENSES
A. Expense Allowance
The Company will pay certain reasonable expenses associated with the
following:
1. New Employee Training
New employees may be required to undergo formal training. A
new employee will be placed on the payroll from the first day
of training. If this training is conducted in a city other
than where the employee will be based, the Company will
arrange and pay for lodging at designated hotels and provide a
meal allowance. No expenses will be paid by the Company if the
training is conducted in the city where the employee will be
based.
2. Follow-up or Recurrent Training
Employees required to undergo training in a city other than
where they are based will be provided with lodging and a meal
allowance in accordance with paragraph B.1., below.
3. Temporary Assignment away from Base City
The Company will arrange and pay for reasonable expenses for
employees who are temporarily assigned to a city away from
their base. This may include lodging, meal allowance, and,
local transportation, depending on circumstances.
4. Company Business Travel
The Company will pay employees a meal allowance and
travel-related expenses when they are required to travel for
Company business. These expenses may include lodging,
business-related phone calls, and local transportation.
B. Any allowed expenses will conform to the following guidelines.
1. Meal allowances - An employee will be paid a per diem up to
the current limits set by the Accounting Department which
currently are $5.00 for breakfast, $6.00 for lunch, and $11.00
for dinner, until the limits are changed by the Accounting
Department.
2. Lodging - The Company designates which hotels must be used in
each city.
3. Rental Cars - The Company shall determine when a rental car is
to be used and what company the car shall be rented from.
4. Use of Personal Vehicle - Approval must be obtained from the
Vice President of Customer Service, or his designee, and
reimbursement will be at the current rate set by the
Accounting Department. Currently, the rate is $.31 per mile,
until the rate is changed by the Accounting Department.
Page 34
5. Telephone Calls - Business-related telephone calls to an
employee's supervisor, operations, headquarters, etc., should
be made collect only if a Dialnet line is not available.
6. An employee will be reimbursed for the cost of one (1) long
distance telephone call home per day. This allowance, set by
the Accounting Department, is currently three dollars ($3.00)
per day.
C. Reimbursement for approved expenses is accomplished by use of the
Chautauqua Airlines "Expense Report" forms with all required receipts
attached. Expense advances can be obtained through the Accounting
Office by completing an "Accommodation Request Form." Reconciliation of
expense advances is accomplished by use of the "Expense Report" form.
D. "Accommodation Request" and "Expense Report" forms must be approved by
a Manager prior to being submitted to the Accounting Office. Expense
reports and reconciliation of expense advances must be submitted to the
department manager within seven (7) working days after the last expense
incurred or the advance received may be considered a loan and may be
deducted from the next pay check. A waiver by the Company of the seven
(7) day requirement will not prejudice the Company's right to require
compliance with a seven (7) day limit.
Page 35
ARTICLE 15
GRIEVANCE PROCEDURES
A. Grievance
A grievance is a claim or dispute by a covered employee or the Union
concerning the interpretation, application, or the alleged breach of
this Agreement. Any covered employee or group of covered employees who
has a grievance concerning any action of the Company affecting them
shall have such grievance considered and handled in accordance with the
following procedures. It is the intent of the parties to resolve
grievances or potential grievances informally and at the lowest level
possible. There shall be an xxxxxxx effort on the part of the parties
to settle grievances promptly and in accordance with the procedures
outlined herein.
B. Step One - Informal Discussion With a Supervisor
1. An employee or Union representative who believes that his
rights under this Agreement have been violated should first
bring the matter to the attention of the employee's immediate
supervisor.
2. The immediate supervisor, or his designee, must reply to the
employee within five (5) business days.
3. Disciplinary grievances shall be initiated at Step Two, below.
C. Step Two - Written Grievance
1. After receipt of an unsatisfactory response, or lapse of the
five (5) business days in Step One, the employee or the Union
shall reduce the grievance to writing and submit it to the
Vice President-Customer Service, or his designee, within
thirty (30) days of the event giving rise to the grievance, or
when the grievant should have reasonably known of the event.
2. The written grievance shall set forth, with reasonable detail,
a statement of the facts giving rise to the grievance, the
provision of the Agreement alleged to have been breached and
the relief sought. The Vice President-Customer Service, or his
designee, shall hold a hearing within fifteen (15) business
days of receipt of the written grievance by the Company. The
grievant shall, if requested by the Company or the Union,
attend such hearing.
3. The Vice President-Customer Service, or his designee, shall,
within ten (10) business days of said hearing, provide the
Union Business Representative, or his designee, with a written
statement of his decision.
D. Step Three
If the Union is not satisfied with the disposition of the grievance in
the Step Two proceeding above, it may appeal the case to the System
Board of Adjustment by submitting a written
Page 36
submission of the case to the System Board, with a copy to the Vice
President-Customer Service within fifteen (15) business days after
receiving the Step Two decision.
E. Discipline or Discharge.
1. No employee shall be subject to discipline or discharge
without just cause. An employee shall be notified in writing
of discharge, disciplinary time off and written reprimand. The
Company will send a copy of such notice to the employee and to
the Union. An employee so disciplined or discharged may submit
a written grievance directly at the Step Two level, above.
Such written grievance must be filed within ten (10) business
days of the postmark (on the Union's copy) of the written
discipline or discharge action by the Company.
2. Employees who are a party to incidents involving discipline or
discharge shall be retained on the payroll but may be removed
from service until a meeting has been held and a decision
arrived at in writing by the Company. Teleconferencing may be
utilized and the grievant, a Company representative and a
Union representative and others as desired may be present.
Following the Company decision, the grievant may be suspended
from the payroll, discharged or given other disciplinary
actions.
3. The provisions of Article 15.D. shall not be available to
probationary employees and no grievance related to discipline
or discharge may be filed by them or on their behalf. However,
a probationary employee may file non-disciplinary grievances
in accordance with Articles 15.A-D.
F. General
1. Time limits contained in this Article may be extended by
mutual agreement of the parties, reduced to writing.
2. Failure on the part of the Company, the grievant or the Union
to adhere to the time limits set forth herein, or as mutually
agreed to, shall constitute a waiver of the position of the
party failing to comply.
3. If a grievant is exonerated, her personnel file shall, to the
extent permitted by law, be cleared of all reference to the
incident. A grievant who is cleared of all charges shall be
made whole as pertains to wages, seniority, longevity and
benefits.
4. Grievances, decisions, and appeals shall be forwarded by
personal delivery or through the U.S. Mail, certified, postage
prepaid, return receipt requested, addressed to the last known
address of the grievant, with a copy to the Union. Refusal to
accept delivery constitutes delivery.
5. An employee shall have the right of Union representation at
all meetings with the Company. An employee shall be advised in
advance of the nature of the subject of any investigation,
hearing or conference that would not be compromised and/or
made ineffective if advance notice was given to the employee
and/or the Union.
Page 37
6. The Union, or its representative, and the grievant shall have
access to the grievant's personnel file for review in any
discipline or discharge case. The Company shall cooperate in
making any reasonably requested material available that is
relevant to the case.
7. When it is mutually agreed that a stenographic report is to be
taken of the hearing, in whole or in part, the cost will be
borne equally by both parties to the dispute. If it is not
mutually agreed that a stenographic report be taken, any
stenographic report taken of such hearing made by either of
the parties shall be furnished to the other party, upon
request, provided that the cost of such stenographic report so
requested shall be borne equally by both parties.
Page 38
ARTICLE 16
SYSTEM BOARD OF ADJUSTMENT
A. In compliance with Section 204, Title II, of the Railway Labor Act, as
amended, there is hereby established a System Board of Adjustment for
the purpose of adjusting and deciding disputes that may arise under the
terms of this Agreement and any amendment or additions thereto and that
are properly submitted to it, which Board shall be known as the
Chautauqua Employees System Board of Adjustment, hereinafter referred
to as "the Board."
B. Composition of the Board
1. The Board shall consist of four (4) members, two (2) of whom
shall be selected and appointed by the Company and two (2) of
whom shall be selected and appointed by the Union, and such
appointees shall be known as the "Board Members." In addition,
the Company and the Union shall each designate an alternate,
and in the event of unavailability of a Board Member, such
alternate shall serve in place of the absent Board Member.
2. The two (2) Board Members appointed by the Company and the two
(2) Board Members appointed by the Union, and their
alternates, shall serve for one (1) year from the date of
their appointment and thereafter until their successors have
been duly appointed. Vacancies shall be filled within thirty
(30) days in the same manner as is provided herein for the
selection and appointment of the original Board Members and
the original alternates.
3. The terms of the office of Chairman and Vice Chairman shall be
for one (1) calendar year. Thereafter, from year to year, the
Board shall designate one (1) member to act as Chairman and
one (1) member to act as Vice Chairman for one (1) year terms.
Such term of office shall commence on January 1st of each
year.
4. The office of Chairman shall be filled alternately by the
parties. A Union representative shall serve as Chairman and a
Company representative shall serve as Vice Chairman in even
years, and vice versa, in odd years.
5. The Board shall meet once every three (3) months at Company
headquarters, (unless a different place for the meeting is
jointly agreed upon by the Board), during the months of
January, April, July, and October of each year provided that
at such time there are cases filed with the Board for
consideration. The meetings shall continue in session until
all matters before it have been considered unless otherwise
mutually agreed upon in writing.
6. Meetings shall be scheduled so that Members of the Board who
are employees of the Company shall suffer no loss of pay while
attending Board meetings. Each party shall bear the cost of
compensation and expenses of its Board Members
C. Jurisdiction of the Board
1. The Board shall have jurisdiction over all disputes growing
out of
Page 39
grievances or out of interpretation or application of any
terms of this Agreement or amendments thereto submitted by the
Union to the Vice President-Customer Service, or his designee.
The jurisdiction of the Board shall not extend to proposed
changes in hours of employment, rates of compensation, or
working conditions covered by this or other existing
agreements between the parties hereto.
2. The Board shall consider any dispute properly submitted to it
when such dispute has not been previously settled in
accordance with the provisions of Article 15.
D. Proceeding before the Board
1. All disputes properly referred to the Board for consideration
shall be addressed to the Chairman. Five (5) copies of each
petition, including all papers and exhibits in connection
therewith, shall be forwarded to the Chairman, who shall
transmit one (1) copy thereof to each member of the Board
within three (3) calendar days of his receipt of same. Each
case submitted shall show:
a. Question or questions at issue
b. Statement of facts
c. Position of the grievant(s)
d. Position of the Company
2. Upon receipt of notice of the submission of a dispute, the
Chairman shall set a date for the hearing, which shall be the
time of the next regular meeting of the Board as provided in
Section B., above, or if at least two (2) Board Members
consider the matter to be of sufficient urgency and
importance, then at such earlier date and at such place as the
Chairman and Vice Chairman shall agree upon but not more then
thirty (30) days after such request for a meeting is made by
at least two (2) of said Board Members; the Chairman shall
give the necessary notices in writing of such meeting to the
Board Members and to the parties to the dispute.
3. Employees covered by this Agreement may be represented at
Board hearings by such person or persons as they may choose
and designate, and the Company may be represented by such
person or persons as it may choose to designate. Evidence may
be presented either orally, or in writing, or both.
4. The Board Member(s) may summon witnesses who are employed by
the Company and who are deemed necessary by the Board. Such
employees shall be scheduled so as to suffer no loss of pay.
5. The Board shall be competent to hear the disputes properly
submitted to it and decide said disputes by a majority vote of
all members of the Board. Decisions of the Board shall be
final and binding upon the parties hereto. The Board may, at
its option, agree to have an arbitrator hear the case without
the Board present.
Page 40
E. Deadlock Procedures
When a dispute is properly submitted to the Board for hearings before
the two (2) Company and the two (2) Union Board Members, or their
alternates, and the Board is unable by majority vote to decide the
dispute, the Board shall declare itself deadlocked and the parties
shall select an arbitrator as provided herein. The arbitrator shall
join the Board as a Board Member and as Chairman in subsequent
consideration and hearing of the dispute. The Board, so composed, shall
be competent to decide said dispute by majority vote. Decisions of the
Board so composed shall be final and binding on the parties. The Board
may agree to have the arbitrator hear the case without the Board
present.
F. Deadlock Notices
When a deadlock occurs for any reason, the Board, by written notice
shall immediately notify the Union and Company of such deadlock,
including the date thereof, and the need for the services of a fifth
(5th) member of the Board. If the Union or Company desires to submit
the case to such five (5) member Board, it must do so by written notice
to the Company president with copies to the Chairman and Vice Chairman
of the Board within ten (10) calendar days from the receipt of notice
from the Board that the Board was deadlocked.
G. Selection of a Fifth (5th) Board Member (Arbitrator)
1. If notice is provided of the desire to convene the five (5)
member Board, the Union and the Company shall meet promptly,
but in no event later than five (5) calendar days from the
date of such notice by the Union or Company, to select an
arbitrator by mutual agreement, and if agreement is reached,
shall advise the members of the Board of the name, address,
and the availability of the arbitrator.
2. Within ten (10) calendar days after proper notification, if no
agreement on the selection of an arbitrator can be reached,
the Company and the Union shall agree upon the selection of an
arbitrator from the list below. If the parties are unable to
agree upon an arbitrator from the list below, the parties will
select an arbitrator from the list below using an alternate
strike method. In even years, the union will strike first; in
odd years, the Company will strike first. If it becomes
necessary to replace an arbitrator on the list below, the
parties shall mutually agree upon such replacement before
selecting any arbitrator from the list. Such replacements
shall be members of the National Academy of Arbitrators and
shall have airline case experience. Once each year, the Union
and the Company will each have the option to remove one
arbitrator from the list below. Such arbitrator shall be
replaced in accordance with the provisions of this paragraph
for replacing arbitrators.
Xxxxxxx X. Xxxxx
Xxxxxxx Xxxxxxxx
Xxxxxx X. Xxxxxx
Xxxxx X. Xxxxxx
Xxxxxx Xxxxxxx
Xxxxxxx Xxxxxxxxx
Xxxxxxx X. Xxxxxxxx
Page 41
Xxxxxxx Xxxxxxx-Xxxxx
Xxxxxxx X. Xxxxx
H. Five (5) Member Board Hearing
Within thirty (30) calendar days after the selection of the fifth (5th)
member from the panel, and with the arbitrator's concurrence, the Board
shall schedule a hearing of the dispute by the five (5) member Board,
including the presentation of such witnesses and evidence as the five
(5) member Board shall in its discretion permit. A decision of a
majority of the Board sitting with the fifth (5th) member shall be
final and binding upon the parties thereto. The Board may agree to have
the arbitrator hear the case without the Board present.
I. General
1. Expenses of the Board
Each of the parties hereto will assume the travel expenses and
other expenses of the Board Members selected by it, and each
of the parties hereto will assume the travel expense and other
expenses of the witnesses called or summoned by it except that
employees of the Company will be scheduled so not to suffer
loss of pay and that the Company will provide space available
transportation over its lines, in accordance with existing
regulations, for any Board Member or Company employee who is
called or summoned as a witness. The reasonable expense and
compensation of the fifth (5th) member arbitrator appointed in
accordance with Section G hereof will be borne equally by the
parties hereto. The Chairman and the Vice Chairman, acting
jointly, shall have the authority to incur other expenses as
in their judgment may be deemed necessary for the proper
conduct of the Board, and such expenses shall be borne equally
by the parties hereto.
2. Freedom to Act
Each Board Member shall be free to discharge his duty in an
independent and un-coerced manner, without fear that his
individual relations with the Company, with the employees, or
with the Union will be affected in any manner by any action
taken by him in good faith in his capacity as a Board Member.
3. Time Limits
Time limits as set forth in this Article may be extended in
writing by mutual agreement of the Company and the Union.
4. Rights Under Railway Labor Act
Nothing herein shall be construed to limit, restrict, or
abridge the rights or privileges accorded either to the
employees, the Company, the Union or their duly accredited
representatives under the provisions of the Railway Labor Act,
as amended.
Page 42
5. Records of the Board
The Board shall maintain a record of all matters submitted to
it for its consideration and of all findings and decisions
made by it.
6. When it is mutually agreed that a stenographic report is to be
taken of the hearing, in whole or in part, the cost will be
borne equally by both parties to the dispute. If it is not
mutually agreed that a stenographic report be taken, any
stenographic report taken of such hearing made by either of
the parties shall be furnished to the other party, upon
request, provided that the cost of such stenographic report so
requested shall be borne equally by both parties.
Page 43
ARTICLE 17
PHYSICAL EXAMINATIONS
A. An employee shall be required to submit to a Company paid
physical/mental examination at the time of employment and at any other
time the Company shall determine in its sole discretion that an
employee's physical or mental condition may or has impaired the
performance of his duties or poses a safety hazard to himself, other
employees, or customers. The employee, can request, and will be
furnished with, a copy of his medical examiner's report from the
Company's medical examiner. These examinations are limited to no more
than two (2) examinations per calendar year.
B. Any information obtained by or as a result of a Company's
physical/mental examination of an employee shall be strictly
confidential between the Company, its insurance carriers, the FAA, the
Company doctor, and the employee, and shall not be divulged to any
other person without the written permission of the employee.
C. Any employee who is dismissed or has his pay scale lowered based on his
failure to pass a Company physical/mental examination shall have
fourteen (14) days in which to appeal for lost wages, and shall at his
option, have his case reviewed in the following manner.
1. The employee may employ a qualified medical examiner of his
own choosing and at his own expense for the purpose of
conducting a physical/mental examination covering the
disqualifying problem(s) and/or conditions covered by the
Company medical examiner's report that found the employee
unfit for duty.
2. A copy of the findings of the medical examiner chosen by the
employee shall be furnished to the Company; and if such
findings corroborate the findings of the medical examiner
employed by the Company, no further review of the case shall
be afforded.
3. If the findings of the medical examiner chosen by the employee
disagree with the findings of the medical examiner employed by
the Company, the Company and the employee will, at the written
request of the employee, ask that the two (2) medical
examiners agree upon and appoint a third qualified and
disinterested medical examiner, preferably a specialist, for
the purpose of making a further review of the report and/or an
examination of the employee to determine his fitness for duty.
4. The said disinterested medical examiner shall then make a
further examination of the employee in question, and the case
shall be decided on the basis of the third medical examiner's
findings. If the disinterested medical examiner's report finds
the employee fit for duty, all lost wages will be paid,
retroactive to the date the employee was removed from payroll.
Copies of such medical examiner's report shall be furnished to
the Company and the employee.
5. The expense of employing a disinterested medical examiner
shall be borne equally by the Company and the employee.
Page 44
D. Drug and alcohol screening will not be considered a physical/mental
examination under this Article. Employees must submit to Drug and
Alcohol testing to conform with the DOT/FAA and the Company's present
or future policies.
Page 45
ARTICLE 18
ORDERS TO EMPLOYEES
A. All orders to employees involving a change in stations, promotions,
demotions, furloughs, leaves of absence, etc, shall be delivered to the
employee in writing by personal service on and receipt by the employee,
or by certified mail, return receipt requested, to the employee's last
address on file.
Page 46
ARTICLE 19
TRAINING
A. No employee shall be required to pay for the use of any Company
equipment or equipment outside of the Company that is provided as part
of a Company training requirement. Any training required of an employee
for maintenance or improvements in proficiency standards shall be borne
by the Company. No employee shall be required to pay a fine or be
responsible for the repair or replacement of any part of equipment
damaged except for willful damage or destruction to the equipment.
B. Training time shall be considered as time worked, and the applicable
rate shall be paid.
C. Travel time in connection with training shall be considered as time
worked.
Page 47
\
ARTICLE 20
MOVING EXPENSES
A. Employees who have completed their probationary period and who are
transferred as a result of the closing of an existing station will be
considered as being transferred at the Company's request.
B. An employee transferred from one station to another station as a result
of a voluntary bid or request to fill a vacancy shall be considered as
having transferred at his own request. Employees having transferred
from one station to another station at their own request shall bear the
expense of their move.
C. Moving expenses incurred when moving at the Company's request are paid
by the Company and are limited to the following expenses:
1. The Company has the right to request the employee to obtain
estimates for moving himself, and an estimate using
professional movers. The Company may choose the lower
estimate. When the employee moves himself, the Company will
pay for all shipping, containers, insurance for the move, and
one hundred dollars ($100.00) (to offset the cost of moving
helpers).
2. The Company will pay for the hook-up of all utilities
(excluding deposits) including, but not limited to: gas,
electric utilities, telephone and cable television, that
result from a move to a new domicile, provided it does not
involve alterations or materials.
3. When personal automobile transportation is used by the
employee and his immediate family, the Company will reimburse
the employee at the prevailing Company rate per mile. Single
employees shall have one (1) automobile covered, married
employees up to two (2) vehicles, using the most direct AAA
mileage between domiciles.
4. The Company will reimburse an employee for meals and lodging
for the employee and his immediate family, for the time
required to travel to the station up to five (5) days. A day
of travel shall be considered a minimum of three hundred fifty
(350) miles by the most direct AAA mileage. The daily
allowance for meals will be twenty-two dollars ($22.00) per
day for single employees and forty-four dollars ($44.00) per
day for married employees traveling with their spouse.
5. If a lease is broken as a result of moving to a new domicile
and a penalty is incurred, the Company will pay the penalty
not to exceed one month's rent. The Company will cooperate
with the employee to provide substantiating documentation of
the transfer for the lessor.
6. The Company will pay up to two hundred dollars ($200.00) for
termination and hook-up of utilities (excluding deposits)
including gas, electric utilities, telephone and cable
television, that result from a move to a new domicile.
Page 48
D. When the Company is required to pay moving expenses, nothing in this
Article is intended to prevent the Company and the employee from
agreeing to an amount to be paid to the employee in lieu of the
expenses set forth in paragraph C., above.
E. The Company's liability for moving expenses under this Article will not
exceed five thousand dollars ($5,000).
Page 49
ARTICLE 21
UNION SECURITY
A. Union Membership
It shall be a condition of employment that all employees covered by
this Agreement shall, on the effective date of this Agreement, become
and remain members in good standing of the Union. It shall be a
condition of employment that all employees covered by this Agreement
and hired on or after its effective date shall, on or before the
ninetieth (90th) day following the beginning of the initial seniority
date, become and remain members in good standing in the Union.
B. Initiation Fees and Dues Deductions
The Company will deduct from the wages of any employees covered by this
Agreement said employees' dues as a member of the Union upon receiving
the employee's voluntary and individual written authorization for the
Company to make such deductions, signed by the employee. Such
authorization form will be provided by the Union. The Company will pay
over to the proper officers of the Union the wages withheld for such
initiation fees and/or dues. The amount so withheld shall be deducted
from the appropriate paycheck, reported and paid to the Union monthly.
The following information will be reported and transmitted with the
monthly check off: the employee's Social Security number, full name,
dues rate, rate of pay and status of employment.
C. Indemnification Clause
The Union shall indemnify the Company and hold the Company harmless
from any and all claims that may be made by an employee against the
Company by virtue of the wrongful application or misapplication of any
of the terms of this Article.
D. Dues Collection after Termination
In the event of termination of employment, there shall be no obligation
upon the Company to collect dues until all other deductions have been
made.
E. Failure to Pay Dues
The Union agrees that written notice shall be given to the Company at
least thirty (30) days before the Company is required to remove an
employee from his employment by reason of his failure to maintain his
membership in good standing in the Union in accordance with Article A.,
above.
F. Employee List
1. When applicable, the Company will advise the Union of the
names of any new hires, terminations, layoffs or recall of any
employees covered by this Agreement. Such
Page 50
information will include the name, hire date, layoff date,
termination date or recall date of such employees.
2. The Company will mail to the Union and a designee a report,
containing the current address, telephone number and pay rate
of each employee quarterly or when there are substantial
changes.
G. Individual Dues Payment
It shall be the responsibility of any employee who is not on a dues
deduction program to keep his membership current by direct payments of
monthly dues to the Union.
H. Dues Deduction Error
Should a deduction be missed, or in the event an insufficient amount is
deducted, the Company will be responsible to make the proper adjustment
the following month.
I. Hospitality Committee
The Company shall set aside a mutually agreeable period of time during
or immediately after each new hire class during which the Union
Hospitality Committee may meet with each new hire class. The Company
and the Union will mutually agree upon those committee representatives
who will present Hospitality Committee materials during the new hire
class.
Page 51
ARTICLE 22
SEVERANCE PAY
In the event of a reduction in force or when the Company decides to close a
station, full-time employees at that station with at least one (1) year of
service as a full-time employee, who are ineligible or decide not to transfer to
another station will receive eighty (80) hours of severance pay, (at the
employee's current hourly rate). Part-time employees with at least one (1) year
of service will receive forty (40) hours of severance pay. In addition to the
eighty (80), or forty (40) hours respectively, they shall receive additional
hours according to schedule `A' below.
A. Years of Service Number of Hours for Each Year of Service
---------------- ----------------------------------------
For Years 1-10 Eight (8) Hours
For Years 11-15 Sixteen (16) Hours
For Years 15 + Twenty Four (24) Hours
Page 52
ARTICLE 23
HEALTH AND WELFARE
A. The Company shall provide each full-time employee with a life insurance
policy after ninety (90) days of service. The Company shall pay one
hundred percent (100%) of the premium for this coverage.
1. Life Insurance coverage is two (2) times the basic annual
earnings, rounded to the next higher $1000, to a maximum of
$250,000.
2. Accidental Death and Dismemberment coverage is two (2) times
the basic annual earnings, rounded to the next higher $1000,
to a maximum of $250,000.
3. Dependent Life Benefits;
a. Spouse $5,000
b. Children 0-8 days $0
8 days-6 months $100
6 months-19 years $2,500
B. The Company will provide Health Insurance for all full-time employees
and qualifying dependents after thirty (30) days of service, the
benefits of which shall not be less advantageous than the existing
program coverage and benefits. For employees with under one (1) year of
service, the Company shall pay the premium cost less $13.80 per pay
period to be paid by the employee. Optional dependent coverage is not
available during the first year. For employees with over one (1) year
of service, the Company will pay the premium cost, less $13.80 for
individual employee coverage, or $23.00 for employee and spouse
coverage, or $32.20 for employee and family coverage, per pay period
for said employee and his dependents. The employee will pay his share
of the premium through payroll deductions. Should the cost of such
insurance increase, the Company may require greater contributions from
the employees.
C. The Company will provide the Business Agent and the Union with copies
of the Master Insurance Contracts for each policy required under the
terms of this Agreement.
D. The Company will provide an IRS Section 125 Flexible Benefits Plan to
all covered employees, the benefits of which plan shall not be less
advantageous than the existing program .
E. The Company shall provide a retirement benefit in the form of an IRS
Section 401k plan to all covered employees, and the benefits shall be
no less advantageous than the existing program.
F. The Company shall pay for dental plan coverage for single covered
employees or sixteen and one-half dollars ($16.50) per month towards
the cost of family coverage. The plan for covered employees and
qualified dependants will be no less advantageous than the program
offered to other employee groups.
Page 53
G. The Company will include the covered employees in any profit sharing
plan, bonus and incentive programs offered to all other non-management
employees.
Page 54
ARTICLE 24
SAFETY AND HEALTH
A. At each station, one (1) representative will be designated by the
Company and one (1) representative will be designated by the Union to
discuss, and if a problem or violation exists of a law or rule, to
correct any practice that causes said violation in any safety or health
factors that may directly affect the employees or the Company in their
work areas.
B. Accordingly, this joint Safety Committee at each station will meet
periodically at the station to review any pending matters of safety or
health.
C. Safety and health items presented by either the Company or the Union
member at these periodic meetings will be documented in writing, with a
copy to the Vice President of Safety.
D. Items not resolved at the station level will be presented to the Vice
President of Safety for resolution by the Vice President of Customer
Service and the designee of the Union.
E. The Company and the Union will work toward a mutual resolution of any
safety or health factor(s), and therefore, employees must register and
attempt to resolve any complaints through the respective Safety
Committee prior to filing a complaint with the local, state, or federal
regulatory agency.
Page 55
ARTICLE 25
GENERAL
A. Nothing in this Agreement shall be construed to limit or deny any
employee of the Company covered by this Agreement any rights or
privileges to which he may be entitled under the Railway Labor Act, as
amended.
B. The Company will provide, free of charge, to each employee one (1) copy
of this Agreement and any letters of understanding applicable to them,
supplemental to the Agreement, which shall be printed and bound in a
convenient-sized booklet.
C. The Company will provide a glass enclosed, lockable bulletin board at
each station where covered employees work for the Union to post
official Union notices. The bulletin board shall be located in a
convenient, accessible area.
D. The Company shall furnish an identification card to each employee.
Employees shall bear the cost of replacement of the identification
card, if lost.
E. No employee or his estate shall be required to pay the cost of repair
or replacement of any aircraft, equipment or property damaged or
destroyed in the performance of his duties with the Company, unless
caused by criminal and/or malicious and/or intentional mischief.
F. Employees covered by this Agreement will be subject to the pass policy
of USAirways (or such other pass policy as the employees of the Company
generally may have access) and the Company as afforded to all other
employees of the Company not covered by this Agreement. The designated
Union Business Agent will be provided positive space travel on the
Company system for the purpose of administering this Agreement. The
Company, at its sole discretion, reserves the right to suspend or
revoke the pass privileges for any employee who violates the pass
policy rules.
G. The Union Representative(s) shall have free access to the Company's
operations facilities to transact business that is necessary for the
administration of this Agreement, but at a time that does not interfere
with the operation of the Company's business. The Company will provide
the Union Representative with proper ID to enter its facilities, if
required.
H. This Agreement, when accepted by the parties hereto and signed by the
respective representatives duly authorized, shall constitute the sole
agreement between them involving the employees covered by this
Agreement.
I. The Company will provide free parking to all employees covered by this
Agreement.
J. A personnel file will be maintained for each employee. Upon request,
the employee will be given the opportunity to review his file. If an
employee receives disciplinary action, any portion of this file to be
relied on by the Company in support of such disciplinary action shall
be open for review upon request by the Union Representative and the
employee. The Company cannot use any prior disciplinary notices in
support of disciplinary action if the employee had not been provided
with written notice of the prior disciplinary action at the time
discipline was assessed,
Page 56
which action was subject to the grievance procedure. All disciplinary
action will be according to Company policies and procedures.
Disciplinary letters pertaining to events that are closed and no longer
pending will be removed twelve (12) months after being issued, provided
that the employee has not had any intervening discipline events. Such
letters will be removed after twenty-four (24) months even if there has
been an intervening disciplinary event.
K. Employees covered by this Agreement must have a local telephone contact
and notify the Personnel Department with the telephone number or any
changes.
L. The Company will make every reasonable effort to protect employees from
physical assault, theft, vandalism and the like in connection with
their employment, within the confines of their work place. The Company
is not responsible under any circumstances for the loss or theft of any
money or valuables left on the Company's premises or in lockers by the
employees.
M. Two Weeks Notice - If an employee fails to give or fails to work his
scheduled hours during the fourteen (14) calendar days after their
notice to the Company of their resignation, they will forfeit accrued
vacation.
N. Employees conducting Union business or attending meetings at their
domicile or at other domiciles shall not be required to clock-out for
the time spent on such business or meetings, as long as it does not
interfere with their regular duties, or the operation.
O. If any provision of this Agreement is declared invalid by any competent
court or government agency because of existing or future legislation,
such invalidation shall not affect the remaining provisions of this
Agreement.
P. The Company will provide secure lockable lockers for each covered
employee at each station.
Page 57
ARTICLE 26
PART-TIME EMPLOYEES
All provisions of the Agreement shall apply to part-time employees, unless
otherwise noted in other Articles and with the following specific exceptions.
A. Seniority
1. All part-time employees who were hired prior to April 26, 1996
will retain their current seniority and begin accruing
seniority in accordance with paragraph 26.A.2., below,
effective April 26, 1996. A single classification seniority
roster will be compiled from the date of hire for the purposes
of determining classification seniority for part-time
employees to be used to fill vacancies, retention in the case
of a reduction in force, bidding of shifts, bidding vacation,
etc.
2. Part-time employees shall accrue longevity and advance their
position within the longevity scale in the compensation
schedule in Article 3.A. in the amount equal to half of that
accrued by full-time employees, except that, employees who
work in excess of one thousand six hundred thirty-two (1632)
hours in the prior anniversary year will be progressed as if a
full-time employee.
B. Vacation
Vacation will accrue in accordance with Article 7, and will be based on
the total number of hours worked in the prior year (i.e. employees who
work less than one thousand six hundred thirty-two (1632) hours in the
prior year will accrue vacation at the fifty percent (50%) rate, and
employees who work one thousand six hundred thirty-two (1632) or more
hours will accrue vacation at the full-time rate.)
C. Sick Leave
Sick leave will accrue in accordance with Article 7 and will be based
on the total number of hours worked in the prior anniversary year (i.e.
employees who work less than one thousand six hundred thirty two (1632)
hours in the prior anniversary year will accrue vacation at the fifty
percent (50%) rate, and employees who work one thousand six hundred
thirty-two (1632) or more hours will accrue sick leave at the full-time
rate.)
D. Health and Life Insurance
Part-time employees who work more than one thousand forty (1040) hours
in an anniversary year shall accrue and be eligible for one half (1/2)
the premium for Company-paid Life and Health (Medical/Dental) insurance
of that of a full-time employee. Part-time employees who work in excess
of one thousand six hundred thirty two (1632) hours in an anniversary
year will be eligible to receive fully Company-paid Life and Health
insurance benefits minus co-pay, equal to that of a full-time employee,
for himself and his dependents. Part-time employees who do not qualify
for fully paid Company benefits may elect to purchase Life and Health
(Medical/Dental) Insurance for himself and his dependents at the same
cost as the Company. If
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the employee elects this coverage, the additional cost shall be paid by
payroll deduction. The percentage amount of premium benefit paid by the
Company is paid in the year following the anniversary year and shall be
subject to re-qualification on each succeeding anniversary. If the
employee is terminated for any reason, the employee shall not be
entitled to payment of any accrued but unpaid benefits. There will be
no Health and Life insurance benefits for employees who work less than
1040 hours in an anniversary year.
E. The Company will not regularly schedule part-time employees within
the same work function back to back continuously in a work period. It
is the purpose of this paragraph that two (2) part-time employees shall
not be regularly scheduled continuously within the same duty function
within the same work period.
F. The Company may use part-time employees to ensure adequate coverage
or to cover a schedule and to avoid creating the opportunity for
necessity of having to pay overtime premium.
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ARTICLE 27
UNIFORMS
A. An employee shall wear the standard uniform as required in Company
regulations at all times when on duty.
B. The uniform or its identifying insignia may not be worn at any
function, meeting, or event not directly associated with, or sanctioned
by, the Company unless specifically authorized by the Company.
C. The employee will be responsible for the total cost of the basic
uniform.
D. The Company will provide each employee with one (1) name tag.
E. The employee shall be permitted to wear the official Union insignia on
a place visible on the employee's uniform, but not to exceed a one (1)
inch diameter in size.
F. Employees will maintain their uniforms so as to present a neat and
clean appearance at all times while on duty. Each employee will be paid
a uniform allowance of twenty (20) dollars per month.
G. Special clothing and equipment will be provided by the Company to each
station where duty functions require work in inclement weather on a
regular basis. These include parka, rain gear (head covering, jacket,
pants, boots), parking wands and ear protectors.
H. If the Company initiates a complete change in the basic uniform style,
employees will be provided with a new required uniform, at no expense
to the employee.
I. If any of an employee's uniform parts are damaged beyond repair by
aircraft fluids, cargo, equipment, etc., the Company will pay for
replacement of such uniform parts. However, if the damage occurs while
the employee is off duty, or is due to improper care/maintenance or as
a result of not wearing protective clothing when applicable, the
employee is responsible to pay for replacement of the uniform part.
J. Required Basic Uniform - The wearing of uniforms/employees' appearance
will be as required by Company guidelines. There will be no minimum or
maximum quantity of required uniform, but all employees must be in the
required uniform at all times while on duty. An employee who works the
ramp and also an inside function in the same shift will be able to wear
the uniform of his choice.
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ARTICLE 28
DURATION
This Agreement shall become effective on the date of signing hereof and shall
continue in force and effect until December 15, 2005 and shall renew itself
without change thereafter, unless written notice by either party of intended
change is served in accordance with Section 6, Title II, of the Railway Labor
Act, as amended, at least ninety (90) days prior to December 15, 2005 or
December 15 of any year thereafter.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement the 15th day
of December, 1999.
For the International Brotherhood For Chautauqua Airlines, Inc.
of Teamsters
/s/ Xxxxxxx Xxxxxxx /s/ Xxxxx X. Xxxxxxx
------------------------------ ------------------------------------
Xxxxxxx Xxxxxxx Xxxxx X. Xxxxxxx
Director President
International Brotherhood of
Teamsters, Airline Division
/s/ Xxxxxxx X. Xxxxxxx /s/ Xxxxxx X. Xxxxxxx
------------------------------ ------------------------------------
Xxxxxxx X. Xxxxxxx Xxxxxx X. Xxxxxxx
Vice President Vice President of Customer Service
Local 135
/s/ Xxxxx X. Xxxxxxxx /s/ Xxx X. Xxxx
------------------------------ ------------------------------------
Xxxxx X. Xxxxxxxx Xxx X. Xxxx
Business Representative Customer Service Manager
Local 210
/s/ Xxxxxxx X. Xxxxxx
------------------------------
Xxxxxxx X. Xxxxxx
Xxxxxxx
/s/ Xxxxx X. X. Xxxxxxxxx
------------------------------
Andre X. X. Xxxxxxxxx
Xxxxxxx
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