AGREEMENT
BETWEEN
TRANS WORLD AIRLINES, INC.
AND
THE AIR LINE PILOTS
IN SERVICE OF
TRANS WORLD AIRLINES, INC.
REPRESENTED BY
THE AIR LINE PILOTS ASSOCIATION,
INTERNATIONAL
(EFFECTIVE SEPTEMBER 1, 1998)
TABLE OF CONTENTS
Section Page
------------------------------------------------------------------------------
1 Recognition and Scope 1
2 General 12
3 Transportation 16
4 Compensation 19
5 Miscellaneous Pay Rules 25
6 Training and Qualifications 28
7 Trip and Training Expenses 39
8 Deadhead Time 43
9 Scheduling Policy 45
10 Scheduling of Pilots 65
11 Hours of Service 78
12 Reserve Schedule Policy 88
13 Moving Expenses 94
14 Vacation 96
15 Sick Leave with Pay 103
16 Physical Standards 105
17 Seniority 108
18 Leaves of Absence 111
19 Vacancies and Displacements 120
20 Furlough and Employment Protection 135
21 Grievance Procedure 139
22 System Board of Adjustment 143
23 Retirement, Trust and Savings Plans 148
24 Group Benefits 158
25 Agency Shop 166
26 Voluntary Dues / Service Charge
Deduction 169
27 Internment, Prisoner, Missing
or Hostage Benefits 171
28 Charter Flights 172
29 Agreement Precedence 173
30 Effective Dates and Duration 174
31 Definitions 175
TABLE OF CONTENTS
Letters of Agreement Page
-------------------------------------------------------------------------------
I Civil Reserve Air Fleet 180
II MAC Flying Letter 184
III Physical Standards 186
IV Exemptions - Agency Shop 187
V AIDS Letter 188
VI International Satellite Agreement 190
VII Professional Standards Letter 195
VIII 1957 Liability Letter 197
IX Training Records Availability During
Liquidation Letter 198
X Crew Meal Availability Letter 199
XI FAA/Medical Reimbursement Policy
Letter of Agreement 200
XII Participative Management Letter,
Dated August 31, 1994 201
XIII Corporate Governance Letter,
Dated July 8, 1998 204
XIV Regional Pilot Base Agreement 209
XV Engineering Watch Letter 216
XVI Trans States Exception Letter 217
XVII Term Sheet - Letter of Agreement 218
XVIII Furlough/Productivity Letter 221
XIX B727 Flight Engineer Letter of
Agreement 222
XX Instructor Letter of Agreement
(INS LOA) 224
XXI Line Instructor Pilots/Line
Standards Pilots (LIP/LSP LOA) 236
XXII Non-Seniority List Simulator
Instructors Letter 242
XXIII Reduced Rate Letter
Dated May 21, 1996 244
XXIV Ratification Letter of Agreement 247
Memorandum, re Availability of Other
Letters of Agreement and Certain MEC
Resolutions 250
THIS AGREEMENT is made and entered into in accordance with the
provisions of the Railway Labor Act, as amended, by and between TRANS
WORLD AIRLINES, INC. hereinafter known as the "Company" or "TWA" and the
AIR LINE PILOTS in service of TRANS WORLD AIRLINES, INC. as represented
by the AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, hereinafter known as
the "Association" or "ALPA". In making this Agreement, the parties
hereto recognize that compliance with the terms of the Agreement and the
development of a spirit of cooperation is essential for mutual benefit
and for the intent and purpose of the Agreement. It is hereby mutually
agreed:
SECTION 1
RECOGNITION AND SCOPE
(A) Recognition
(1) The Air Line Pilots Association, International, has
furnished to the Company proof that a majority of the air
line pilots employed by the Company has designated the
Association to represent them and in their behalf negotiate
and conclude an agreement with the Company as to hours of
labor, wages, and other employment conditions covering the
pilots in the employ of the Company in accordance with the
provisions of the Railway Labor Act, as amended.
(2) Further, the said Association has been duly certified by the
National Mediation Board ("NMB") in Case No. R-3982, dated
March 19, 1968 as the designated and authorized
representative, for the purposes of the Railway Labor Act,
as amended, of those employees of Trans World Airlines,
Inc., known as flight engineers and student flight engineers
undergoing training on a full-time basis.
(B) Scope
(1) Except as provided in Section 1(G) below, all present and
future flying of any form performed by or for the Company or
any Affiliate shall be performed by pilots on the TWA Pilots
System Seniority List in accordance with the terms and
conditions of this Agreement. Such flying shall include
without limitation all revenue flying and non-revenue
flying, whether scheduled or unscheduled, (1) on the
Company's or an Affiliate's aircraft, or (2) under the
Company's or an Affiliate's operational control, or (3) over
the Company's or an Affiliate's present and future routes,
route authorities, and/or extensions thereof, or (4)
subcontracted either to or for any other carrier or entity,
or (5) conducted by any other carrier under the TWA name,
designator code, logo or marks.
(2) Except as agreed in the Letter of Agreement dated July 6,
1998, all individuals who undergo pilot training to perform
the Company's or an Affiliate's flying and all individuals
who train or check pilots to perform the Company's or an
Affiliate's flying, except for ground school classroom
instructors and initial factory-conducted training in newly-
purchased aircraft, shall be pilots on the TWA Pilots System
Seniority List subject to the terms and conditions of the
Agreement.
(3) All present or future flying, pilot training or pilot
services of any form performed for any other carrier by
pilots on the TWA Pilots System Seniority List shall be
performed under terms and conditions that are no less
1
Section 1(B)(3), cont.
favorable than the comparable terms and conditions contained
in the Agreement.
(4) Neither the Company nor any Affiliate shall, without the
Association's prior written consent, enter into any sale,
lease, transfer or other disposition of the Company's or an
Affiliate's aircraft, international routes or international
route authority to any person(s) or entity (the "Buyer")
where the Buyer or any air carrier that Controls or is under
the Control of the Buyer uses such aircraft or international
routes to provide or receive passenger feed to or from the
Company pursuant to an agreement or an arrangement with the
Company or an Affiliate other than an industry standard
interline agreement or its substantial equivalent.
(5) Neither the Company nor any Affiliate shall establish any
pilot domicile outside the United States or its territories
without the Association's prior written consent.
(C) Successorship and Parent Companies
(1) The Company and its Affiliates shall require any successor,
assign, assignee, transferee, administrator, executor and/or
trustee of the Company or of a Parent (a "Successor")
resulting from the transfer (in a single transaction or in
multi-step transactions) to the Successor of the ownership
and/or Control of all or substantially all of the equity
securities and/or assets of the Company (a "Successorship
Transaction") to employ the pilots on the TWA Pilots System
Seniority List in accordance with the provisions of the
Agreement and to assume and be bound by the Agreement.
(2) The Company and its Affiliates shall not conclude any
agreement for a Successorship Transaction unless the
Successor agrees in writing, as an irrevocable condition of
the Successorship Transaction, to assume and be bound by the
Agreement, to recognize the Association as the
representative of the Successor's pilots, and to guarantee
that the pilots on the TWA Pilots System Seniority List will
be employed by the Successor in accordance with the
provisions of the Agreement.
(3) The Company shall not conclude, facilitate or permit any
agreement or arrangement that establishes any Parent that
is, Controls or is under the Control of an air carrier
unless the Parent agrees in writing to be bound by Section 1
of the Agreement in the same manner as the Company.
(D) Labor Protective Provisions
(1) Successorship and Merger
In the event of a Successorship Transaction in which the
Successor is an air carrier or any person or entity that
Controls or is under the Control of an air carrier (the
"Merger Partner"), the Company shall require the Merger
Partner to agree, and the Merger Partner shall agree, to
employ the Company's pilots and to integrate the pre-merger
pilot seniority lists of the Company and the Merger Partner
pursuant to Association merger policy if the Merger
Partner's pilots are represented by the Association and
2
Section 1(D)(1), cont.
otherwise pursuant to Section 3 and 13 of the Allegheny-
Mohawk Labor Protective Provisions ("LPPs").
(2) Pilot Transfer Rights in Substantial Asset Sales
If the Company or any Affiliate, in a single transaction or
a series of related transactions:
(i) sells, transfers or disposes of assets which
have produced more than twenty percent (20%) of
the gross operating revenue of the Company over
the twelve (12) months preceding the closing of
the asset sale, transfer or disposition; or
(ii) sells, transfers, or disposes of assets or
operations which reduce(s) or reasonably can be
expected to lead to a reduction in the level of
available seat miles ("ASMs") operated by the
Company at the closing of the asset sale,
transfer or disposition by fifteen percent (15%)
or more;
(iii) sells, transfers or disposes of any
international route or route authority; or
(iv) sells, transfers or disposes of ten percent
(10%) or more of the Company's aircraft fleet as
of the closing of the aircraft sale, transfer or
disposition (except as part of a phased
transport aircraft replacement program which is
being diligently pursued in good faith by the
Company, and pursuant to which the Company in
fact replaces such aircraft within 180 days) to
a person or entity or to a group of persons or
entities acting in concert (the "Purchaser")
that is, Controls or is under the Control of an
air carrier or that will operate as, Control or
be under the Control of an air carrier following
its acquisition of the Company assets (any such
transaction or series of transactions that
satisfies (i), (ii), (iii) or (iv) above, a
"Substantial Asset Sale"), then:
(a) The Association, by and through its TWA Master
Executive Council ("MEC") shall determine, in its sole
discretion, whether or not pilots from the TWA Pilots'
System Seniority List (the "Transferring Pilots")
shall transfer to the particular Purchaser(s) pursuant
to the Substantial Asset Sale. The number of
Transferring Pilots shall be determined by calculating
the average pilot staffing on a monthly basis over the
prior twelve (12) months attributable to the
international route or route authority, aircraft
and/or other assets or operations transferred to the
particular Purchaser in connection with the
Substantial Asset Sale. In addition to the above
requirements the Company shall use its reasonable good
faith efforts to have the particular Purchaser offer
employment to the largest practicable number of TWA
pilots as Transferring Pilots under the terms of this
Section 1(D); and
3
Section 1(D)(2)(b)
(b) The Transferring Pilots shall be selected on the basis
of TWA system seniority on the TWA Pilots System
Seniority List from those pilots who are qualified to
operate the aircraft, route, or operation related to
the Substantial Asset Sale; provided that for this
purpose a pilot shall be deemed "qualified" if he or
she is qualified without training (other than
recurrent or substantially equivalent training,
proficiency check or training necessary to qualify
pilots on the operating procedures of the Purchaser)
to operate the aircraft transferred to the Purchaser
and/or such other aircraft as are intended to be
operated by the Purchaser in connection with the
assets transferred pursuant to the particular
Substantial Asset Sale; provided further that in the
event the Purchaser intends to operate different type
aircraft than that operated by TWA immediately prior
to such Substantial Asset Sale, a pilot shall be
deemed "qualified" with respect to such different type
aircraft if he or she is able to be trained and
certified to operate such different type aircraft; and
(c) The Company and its Affiliates shall require each
particular Purchaser, and each particular Purchaser
shall agree, (i) to employ the Transferring Pilots,
(ii) to pay the Transferring Pilots at no less than
the lesser of the rates of pay being paid by TWA or
the particular Purchaser for the applicable seniority
level at the time of the transfer; and (iii) to
integrate the Transferring Pilots into the Purchaser's
pilots seniority list pursuant to Association merger
policy if the Purchaser's pilots are represented by
the Association and otherwise pursuant to Sections 3
and 13 of the Allegheny-Mohawk LPPs.
(3) Special Protections in a Carrier Fragmentation
(a) If the Company sells, transfers or disposes of assets
within any twelve (12) month period which, net of
asset purchases or acquisitions during the same twelve
(12) month period, (i) produced fifteen percent (15%)
or more of the ASMs operated by the Company over the
prior twelve (12) months, or (ii) produced fifteen
(15%) percent or more of the Company's pilot staffing
positions over the prior twelve (12) months, or (iii)
produced fifteen percent (15%) or more of the
Company's annual block hours over the prior twelve
(12) months (the closing of any such transaction(s)
which alone or in the aggregate satisfy the aforesaid
percentage being referred to as a "Triggering Event"),
then
(i) no pilot on the Company's seniority list on the
date of the Triggering Event shall be furloughed
during the twelve (12) month period following
the Triggering Event, or shall be furloughed in
anticipation of any Triggering Event or for the
purpose of depriving any pilot of protection
under this paragraph; and
4
Section 1(D)(3)(a)(ii)
(ii) during the time period in which any of the
restrictions described in this Section 1(D)(3)
are in effect, the Company will be permitted, at
its discretion, notwithstanding any other
provision of the Agreement, to require a pilot
who would have been furloughed but for the
restrictions described in this Section 1(D)(3)
to utilize his or her accrued unused vacation.
(b) The special protections described in this Section
1(D)(3) are in addition to the pilot transfer and
seniority integration rights established in Section
1(D)(2) above in connection with Substantial Asset
Sales. However, the Substantial Asset Sales governed
by Section 1(D)(2) above shall not be counted in
determining whether the Company has reached a
Triggering Event (and thereby triggered the special
protections) under this Section 1(D)(3) in any twelve
(12) month period.
(c) In addition, the special protections described in this
Section 1(D)(3) shall not apply if the Company can
demonstrate, by clear and convincing evidence, based
on all the information available at the time of the
Triggering Event, that the asset sales, transfers or
dispositions that result in a Triggering Event will
not result, directly or indirectly in the furlough of
Company pilots during the twelve (12) month period
following a sale, transfer or disposition.
(4) General
(a) The Company shall not conclude or enter into any
agreement for any transaction or series of
transactions that constitute a Substantial Asset Sale
or a Merger unless the particular Purchaser or the
Merger Partner, as applicable, agrees in writing to
offer employment and integrate TWA pilots in
accordance with the terms of this Section 1(D) or as
otherwise agreed to by ALPA. The Company will not
engage in a multiple party sale transaction or any
other corporate transaction with the purpose or
knowing effect of avoiding the applicability of this
Section 1(D).
(b) This Section 1(D) shall not apply to (i) any sale
lease-back or any financing transaction in which the
Company continues to use the financed assets in its
operations or (ii) the sale of Trans World Express,
Inc. or any or all of its assets.
(c) The rights and protections provided the Association
and the TWA pilots under this Section 1(D) are in
addition to any other rights and protections contained
in any other agreement involving the Association and
the TWA pilots including other provisions of this
Agreement. In the event of a conflict between Section
1 and any other provision of this Agreement, this
Section 1 shall control.
5
Section 1(D)(5)
(5) Acquisition of Airline Assets
In the event (i) the Company acquires international routes
or 20 or more aircraft from another carrier (the "Seller")
and (ii) the Company's acquisition of such routes or
aircraft materially increases the Company's pilot staffing
needs and (iii) the terms of the Company's purchase
agreement with the Seller require the Company to employ
certain of the Seller's pilots with lateral seniority or
seniority integration rights, then a reasonable number of
transferring pilots from the Seller shall be integrated into
the TWA Pilots System Seniority List pursuant to Association
Merger Policy if the Seller's pilots are represented by the
Association and otherwise pursuant to Sections 3 and 13 of
the Allegheny-Mohawk LPPS; provided, however, that no
company pilot shall be furloughed or suffer a reduction in
pay status as a direct or indirect result of such seniority
integration or such acquisition of routes or aircraft.
(E) Bankruptcy
(1) In the event a petition under Chapters 7 or 11 of the
Bankruptcy Code concerning the Company is filed, then:
(a) Neither that Company nor any Affiliate shall file any
application seeking rejection or modification of any
agreement between the Company and the Association
pursuant to 11 U.S.C. Section 1113, including a
request to implement interim changes in the Agreement
pursuant to 11 U.S.C. Section 1113(e).
(b) The Company and its Affiliates stipulate and agree
that this Agreement permits the reorganization of the
Company and assures that all creditors, the debtor and
all affected parties are treated fairly and equitably
in any reorganization within the meaning of 11 U.S.C.
Section 1113. The Company and its Affiliates shall
actively oppose a rejection or modification of the
Agreement or implementation of interim changes to the
Agreement if proposed or supported by any other party.
(2) In the event the Agreement is rejected or modified pursuant
to 11 U.S.C. Section 1113 notwithstanding Section 1(E)(1)
above, then the difference between the rates of pay, rules
and working conditions established in this Agreement and the
post-rejection rates of pay, rules and working conditions
for the Company's pilots shall accrue and be treated as an
expense of administration pursuant to 11 U.S.C. Section
Section 503(B)(1)(A) and 507 and shall be paid as an
administrative priority pursuant to 11 U.S.C. Section
Section 503(b)(1)(A) and 507(a)(1).
(F) Remedies
(1) The Company agrees, and shall require the particular
Purchaser (or Successor or Merger Partner if applicable) to
agree, to resolve all disputes concerning the interpretation
or application of this Section 1 through final and binding
arbitration on an expedited basis directly before the ALPA-
TWA System Board of Adjustment sitting with a neutral
6
Section 1(F)(1), cont.
arbitrator. The dispute shall be filed with the Company
within ten (10) days of the interpretation or application of
Section 1 and shall be heard no later than fifteen (15) days
following the submission to the System Board and decided no
later than thirty (30) days after submission (the provisions
of Section 22 herein notwithstanding), unless the parties
agree otherwise in writing; but in no event shall such
arbitration delay the closing of the sale of the transferred
assets. ALPA shall cooperate with the Company and the
Purchaser in order that any dispute which is not decided at
the time of closing will be arbitrated post-closing, with
any determination to be binding on the Purchaser unless the
Company and the Purchaser agree, with the consent of ALPA
(which consent shall not be unreasonably withheld or delayed
by ALPA), that such determination shall be and remain the
sole obligation of the Company; provided that the Purchaser
shall have the right to become a party to and participate in
any such arbitration which could become binding upon such
Purchaser.
(2) The Company and the Association agree that the rights and
obligations contained in Section 1 of this Agreement are
equitable in nature, that there are no adequate remedies at
law for the enforcement of such rights and obligations, and
that the Association and the Company's pilots will be
irreparably injured by any violation of this Section 1. The
parties therefore agree that, in addition to any other
rights and remedies available under law or the Agreement,
this Section 1 shall be enforced by equitable remedies,
including injunctions and specific performance, against the
Company, its Affiliates and others in privity with the
Company.
(3) In addition, the parties agree that the equitable rights and
obligations established in this Section 1 shall remain
enforceable, through equitable relief and otherwise, until
the Agreement is amended pursuant to Section 6 of the
Railway Labor Act notwithstanding (a) any filing concerning
the Company under any chapter of the United States
Bankruptcy Code, (b) any attempted alteration, modification
or rejection of the Agreement pursuant to any provision of
the Bankruptcy Code or otherwise, (c) any attempted sale of
the property of the Company pursuant to any provision of the
Bankruptcy Code or otherwise, or (d) any imposition of an
automatic stay with respect to the Company's property.
(G) Commuter Carriers, Code Sharing and Block Seating
(1) The Company, its subsidiaries and its corporate affiliates
may acquire an ownership interest in commuter carriers and
may operate such commuter carriers under the terms of
separate collective bargaining agreements with the
Association provided that any such commuter carriers comply
with the restrictions contained in Sections 1(G)(2) through
1(G)(5) below.
(2) Except as agreed in the September 5, 1995 Letter of
Agreement pertaining to the use of ATR aircraft by Trans
States Inc., the Company and its Affiliates will not
operate, maintain any ownership interest in, or enter into
any code sharing arrangement with, any
7
Section 1(G)(2), cont.
United States air carrier as defined in 49 U.S.C. 40102
(a)(2) that operates any aircraft under the Company's
designator code, name, logo or marks with: (a) a maximum
seating capacity in excess of sixty (60) seats; (b) a
maximum certified gross takeoff weight in excess of 60,000
pounds; (c) a maximum certified cruising speed in excess of
400 miles per hour; or (d) any Jet Aircraft as defined
herein. Any carrier that satisfies all of the restrictions
contained in this Section 1(G)(2) and that utilizes the
Company's or an Affiliate's designator code is hereinafter
referred to as a "TWA Commuter Carrier." For purposes of
this subsection (G), "Jet Aircraft" is defined as any
aircraft that uses a turbine-driven engine without an
external propeller.
(3) Notwithstanding the limitations in Section 1(G)(2) above,
TWA Commuter Carriers may operate up to an aggregate of
fifteen (15) Jet Aircraft with a maximum seating capacity of
fifty (50) seats.
(4) In addition to the fifteen (15) Jet Aircraft referred to in
Section 1(G)(3) above, TWA Commuter Carriers may operate:(i)
one additional Jet Aircraft for each additional three
aircraft operated by TWA above its current fleet size of 184
aircraft until the TWA fleet size reaches 200 aircraft; and
(ii) one additional Jet Aircraft for each additional two
aircraft operated by TWA exceeding 200 TWA fleet aircraft.
The maximum average seating capacity of the Jet Aircraft
operated by TWA Commuter Carriers shall be: fifty (50) seats
while the Company's fleet size is less than 190; fifty four
(54) seats while the Company's fleet size is between 191 and
195; fifty six (56) seats while the Company's fleet size is
between 196 and 200; and sixty (60) seats while the
Company's fleet size exceeds 200. The relationship of the
Company's fleet size to the number of Jet Aircraft that may
be operated by TWA Commuter Carriers and the average seating
capacity of the Jet Aircraft that may be operated by TWA
Commuter Carriers is shown in Section 1(G)(9) below.
(5) In no event will TWA Commuter Carriers operate more than a
maximum aggregate of thirty (30) Jet Aircraft, and in no
event will the certificated seating capacity of any Jet
Aircraft operated by any TWA Commuter Carrier exceed seventy
(70) seats.
(6) As a limited exception to the restrictions contained in
Sections 1(G)(2),(3),(4) and (5) above, the Company may
enter into or maintain code sharing agreements with:
(a) carriers other than United States air carriers (as
defined in 49 U.S.C. 40102 (a)(2)) so long as the
Company can demonstrate by clear and convincing
evidence, that such code sharing arrangements do not
result, directly or indirectly, in the furlough of any
Company pilot or a reduction in pay status for any
Company pilot;
(b) United States air carriers (as defined in 49 U.S.C
40102 (a)(2)) other than TWA Commuter Carriers that
permit such carriers to apply the Company's designator
8
Section 1(G)(6)(b), cont.
code to their operations within the United States and
its territories as long as (i) the number of quarterly
block hours operated by such carriers utilizing the
Company's designator code does not exceed four percent
(4.0%) of the total number of block hours operated by
the Company for the same quarter within the United
States and its territories and (ii) the Company can
demonstrate, by clear and convincing evidence, that
such code sharing arrangements do not result, directly
or indirectly, in the furlough of any Company pilot or
a reduction in pay status for any Company pilot;
provided however, the MEC may, in its sole discretion,
increase the total number of block hours available for
such operations to up to 10% of the total number of
block hours operated by the Company for the same
quarter within the United States; and
(c) The number of quarterly block hours specified in
Section 1(G)(6)(b)(i) above may be increased as
follows: if the Company's fleet size increases to 193
aircraft, then the number shall be four and one-half
percent (4.5%); if the Company's Fleet is at least 199
aircraft, then the number shall be five percent
(5.0%). The relationship between the Company's fleet
size and the number of quarterly block hours that may
be operated by such United States air carriers is
shown in Section 1(G)(9) below.
(7) The Company and its Affiliate may only enter into block
seating arrangements (i.e., the advance purchase or
reservation of blocks of seats on other carriers for resale
by the Company) aboard any aircraft operated by any person
or entity other than the Company if and to the extent that
the Company can demonstrate, by clear and convincing
evidence, that any such block seating arrangement does not
result, in the furlough of any Company pilot or a reduction
in pay status for any Company pilots.
(8) The Company will not furlough any pilot on the TWA Pilot
System Seniority List as a result of the acquisition,
expansion over TWA's domestic route system or operation of
any TWA Commuter Carrier.
(9) Summary Chart -- Sections 1(G)(4),(5) and (6)
Company Quarterly Code No. Of Jet Max. Avg.
Aircraft Share Domestic Aircraft Seating
Block Hours That That May Be Capacity Of
May Be Operated By Operated By Jet Aircraft
U.S. Air Carriers TWA Commuter Operated By
Other Than TWA Carriers TWA Commuter
Commuter Carriers Carriers
------------------------------------------------------------------------
187-189 4.0% 16 50
190-192 4.0% 17 54
193-195 4.5% 18 54
196-198 4.5% 19 56
199-200 5.0% 20 56
201 + 5.0% 21 + 1 for 2 60
thereafter
up to 30
Maximum
9
Section 1(G)(10)
(10) In addition to and apart from the Jet Aircraft carrying only
that TWA Commuter Carrier's and TWA's or Affiliate's
designator code that TWA Commuter Carriers are otherwise
authorized to operate by this Section 1(G), TWA Commuter
Carriers may additionally operate a maximum of three (3) Jet
Aircraft with a capacity of no more than seventy (70) seats
for which that TWA Commuter Carrier has a code-sharing
agreement involving both (a) TWA or an Affiliate and (b) a
third-party code-sharing carrier ("Shared Code-Sharing Jet
Aircraft"). These 3 Shared Code-Sharing Jet Aircraft are not
subject to and will not count towards the maximum average
seating limitations of Section 1(G)(4) and the 30 aircraft
aggregate limitation of Section 1(G)(5). All other
restrictions and limitations imposed by this Section 1(G)
remain in effect for these Shared Code-Sharing Jet Aircraft.
(H) Definitions
The following definitions shall apply to the capitalized terms in
the Section 1 of the Agreement:
(1) Agreement. The term "Agreement" means and includes this
---------
collective bargaining agreement between the Association and
the Company and any and all other agreements between the
Association and the Company.
(2) Control. Person or entity A shall be deemed to "Control"
-------
person or entity B if person or entity A, whether directly
or indirectly,
(a) owns securities that constitute, are exercisable for
or are exchangeable into twenty percent (20%) or more
of (i) entity B's outstanding common stock or (ii)
securities entitled to vote on the election of
directors of entity B, or otherwise owns twenty
percent (20%) or more of entity B; or
(b) maintains the power, right, or authority -- by
contract or otherwise -- to direct, manage or direct
the management of a substantial portion of entity B's
operations, or provides a substantial portion of the
controlling management personnel of entity B; or
(c) maintains the power, right or authority to appoint or
prevent the appointment of a majority of entity B's
Board of Directors or similar governing body; or
(d) maintains the power, right or authority to appoint a
minority of entity B's Board of Directors or similar
governing body, if such minority maintains the power,
right or authority to appoint or remove any of entity
B's executive officers or any committee of entity B's
Board of Directors or similar governing body, to
approve a material part of entity B's business or
operating plans, or debt or equity offerings.
(3) Parent. As used in the Agreement, the term "Parent" refers
------
to any entity that Controls the Company, whether directly or
indirectly through the Control of other Entities that
Control the Company.
10
Section 1(H)(4)
(4) Affiliate. As used in the Agreement, the term "Affiliate"
---------
refers to (i) any person or entity that Controls the Company
whether directly or indirectly through the Control of other
entities, or (ii) any person or entity that the Company
Controls, whether directly or indirectly through the Control
of other entities, or (iii) any other corporate subsidiary,
parent or division of the Company, or any other Affiliate.
11
SECTION 2
GENERAL
(A) Nothing in this Agreement shall be construed to limit or deny any
pilot hereunder any rights or privileges to which he/she may be
entitled under the provisions of the Railway Labor Act, as
amended.
(B) No pilot shall be required to pay for the use of any Company
equipment required by the Company for personnel training. When
circumstances warrant, the Company will replace or reissue
required charts and manuals without charge to the pilot.
(C) No pilot shall be required to pay a fine on any part of equipment
damaged.
(D) The recommendations of the Association shall be considered by the
Company before making any change in the style, color, or materials
of uniforms; such style shall be dignified and professional. For
the purpose of this paragraph, the useful life of the current
uniform is established as two (2) years. If a pilot is required to
change in less than two (2) years of useful life, a pro rata share
of the cost of the uniform will be paid by the Company. If a pilot
is furloughed, he/she shall have the option of retaining his/her
uniform or selling it to the Company, in which case he/she shall
receive a pro rata share of the uniform cost.
(E) Within sixty (60) days of signing this Agreement, the Company will
provide each pilot with a copy, which shall include Letters of
Understanding, Amendments, or Addenda to the Agreement. Copies
shall be provided, in both a Jeppesen-sized booklet and shall be
electronically available on the TWACREW website. Any Amendments to
the Agreement completed subsequently shall be printed in similar
format and distributed by the Company to each pilot for inclusion
in his/her copy of the Agreement within sixty (60) days of signing
of such Amendments. Additionally, it shall be electronically
available.
(F) (1) The Company will furnish pilot paychecks in sealed
envelopes. Each pilot shall be extended the option of having
his/her paychecks mailed to his/her home or another address
of his/her choice, which shall include a bank provided the
Company encounters no more difficulty in effecting mailing
to a bank than it would in mailing the check to the pilot's
Regional Chief Pilot. To facilitate the mailing of a
paycheck to a bank it shall be the responsibility of the
individual pilot to assure that his/her bank will accept the
format of the Company's paycheck for the purpose of deposit
by mail.
Effective January 1, 2000, each pilot shall have the
additional option to have his/her paycheck electronically
deposited in a designated financial institution. If the
pilot elects the electronic direct deposit option, his/her
paycheck stub will be available at his/her domicile or the
pilot may provide a self-addressed stamped envelope of
appropriate size with the domicile administration for the
purpose of mailing his/her paycheck stub.
(2) The amount of the bi-monthly advances will be reviewed and
adjusted (as necessary) at least each calendar quarter based
on the average of projected ALV's for the following three
(3) months. In the event the Company undertakes a
replacement or overhaul of its existing payroll system, the
12
SECTION 2(F)(2), cont.
Company shall modify the advance system to provide advances
to individual pilots which are more closely based upon the
pilot's projected monthly earnings.
(3) The Company shall make available via hard copy or electronic
transmittal a copy of each pilot's Flight Time
Record/Earnings Statement at his/her domicile each month.
(G) At an airport where a layover of more than two and one-half (2
1/2) hours but less than ten (10) hours is scheduled, and any
layover at a domicile, an adequate rest area with reasonable
accommodations shall be provided by the Company. For the purpose
of this provision, reasonable accommodations shall require
sufficient reclining chairs and /or lie down facilities. The
Company will consult with a committee appointed by the TWA Pilots
MEC for the purpose of assuring that, where existing floor space
permits, such reclining chairs or lie down facilities are in a
separate, quiet area. This provision shall not apply to through
flights.
When the Association determines that any crew rest area is not in
compliance with this Section, it shall notify the Regional Chief
Pilot of the domicile nearest such facility of the specific
conditions(s) in need of correction. The Company shall promptly
investigate and undertake to correct such conditions or advise the
Association representative bringing such complaint within ten (10)
business days of the specific circumstances that prevent it from
doing so. Thereafter, if the particular condition has not been
corrected to the satisfaction of the Association, the parties
shall meet within ten (10) business days in order to seek a
solution to the problem.
(H) At the request of the Association, the Company will confer with
and consider the recommendations of authorized Association
representatives as to the adequacy of the parking areas and the
quality of security measures at Company lots in which pilots park
their automobiles at domiciles except as provided in Section
10(G)(6). At the pilot's option, the Company shall provide monthly
parking for one (1) vehicle at a TWA domicile, or reimburse the
pilot for parking at any station (receipts required), not to
exceed the amount paid for one (1) vehicle at the STL domicile.
(I) The Company will furnish, on magnetic or electronic media, a list
of the earning codes and a roster of pilots' earnings for the
previous year to the Association prior to February 1st of each
year for the purpose of the Association determining the members'
annual dues.
(J) Neither the Company, its officers or agents, nor the Association,
its officer or agents, or any employee covered by the Agreement,
shall unlawfully discriminate against any employee or member on
account of race, color, religion, national origin, sex, handicap
or because the employee or member is a Vietnam era/disabled
veteran.
(K) Any pilot shall have the right to review his/her personnel file
during normal office hours. No reasonable request(s) by the pilot
for copies of any documents in his/her personnel file will be
refused. The pilot shall be copied on any derogatory information
added to his/her personnel file. The Company and the pilot shall
be responsible for ensuring that no disciplinary or derogatory
13
SECTION 2(K), cont.
information as to matters other than operating competency remain
in the pilot's file for a period exceeding three (3) years.
Disciplinary or derogatory records in the pilot's personnel file
which are more than three (3) years but less than five (5) years
old will be transferred and maintained in a separate file
(hereafter the "Pilot Records Act file") from the pilot's
personnel file. "Disciplinary records" means records of Company
actions which were the subject of an investigation under Section
21(A) of this Agreement. The Company and the pilot shall be
responsible for ensuring that no disciplinary or derogatory
records more than five (5) years old and no record of disciplinary
actions which were subsequently overturned are kept in the Pilot
Records Act file. By appointment, documents in the Pilot Records
Act file will be available for inspection and copying by the
active pilot, but shall not be accessible to domicile flight
operations personnel and shall not be used or considered in any
subsequent disciplinary action.
Pilot initiated grievance-related materials developed pursuant to
Section 21(B) shall not be placed in such pilots' personnel file.
All information relevant to the Pilots Records Improvement Act of
1996 shall be expunged not later than five (5) years from the
separation of a pilot from the Company. If any disputes between
the Company and the pilot arises about any inaccuracy, such
dispute shall be subject to binding arbitration at the pilot's
expense.
(L) All notifications to pilots involving a change in base station
assignments, temporary assignments to another domicile,
promotions, demotions, furloughs and leaves of absence shall be
stated in writing.
(M) If a pilot on vacation or leave not exceeding forty-five (45)
days, so requests in writing, the Company will notify the pilot by
certified letter, return receipt requested, if he/she is to be
displaced; provided, that such pilot at time of making such
request gives the Company an address to which such notice is to be
sent. Posting of the certified letter by the Company will be
conclusive evidence that notice has been given.
(N) The wearing of beards or other facial hair, with the exception of
neatly trimmed and maintained sideburns or mustaches is
prohibited.
(O) Each calendar year the Master Chairman of the TWA Pilots Master
Executive Council will be authorized nine thousand (9000) hours of
flight pay loss caused by pilots being on ALPA business, including
mutually beneficial projects/committees; exclusive of schedule
committee members covered under Section (10)(B)(5). Such nine
thousand (9000) hours shall be paid to the designated pilots by
the Company but not billed to the Association.
(P) The MD8/DC9 ice check shall be accomplished by properly trained
and certified TWA personnel other than an operating pilot
crewmember at stations staffed with TWA ramp servicemen and/or TWA
mechanics.
14
SECTION 2(Q)
(Q) Each TWA pilot shall be authorized a minimum of one hundred (100)
daily "JX" transactions on home access to the CAMS system. The
Company shall provide a toll free number for domestic telephone
communications with CCS.
(R) A pilot shall receive, upon his/her request, a readable copy of
his/her training records which are maintained in the Company's
Crew Administrative Management System (CAMS). The records to be
provided are those currently accessible by using the following
CAMS transactions:
JXQI REGNUM FCQ
JXQI REGNUM INV EQP STS
JXTL REGNUM EQP STS
Copies of the foregoing CAMS training records shall be provided
along with a cover letter which identifies the records attached to
it and includes a key to the codes used in the records. Each copy
of the training record shall be dated and signed by a duly-
authorized employee of Flight Operations Department to
authenticate it as a true copy of the records maintained by TWA in
CAMS. The Company will place a legal disclaimer containing wording
of its choice on the cover letter and on each page of the copy of
the training record.
(S) Captains shall be granted Ambassador Club privilege cards.
(T) The Company shall provide ALPA airport office space comparable to
that currently utilized by the Association at each domicile where
such airport facilities currently exist.
(U) The Company shall withhold all state income taxes associated with
a pilot's state of legal residence, as filed on his/her federal
W-4 form.
(V) A pilot eligible for vacation under Section 14 shall be entitled
to three (3) calendar days off per calendar year for Urgent
Personal Business. Such days shall be paid and credited in
accordance with Section 14(C) for a bid or reserve pilot and shall
be deducted from the pilot's vacation entitlement for the current
year.
If the pilot's current year vacation entitlement is less than the
Urgent Personal Business debit and/or is exhausted, the pilot's
accrued vacation entitlement will be debited for any resulting
shortfall.
(W) The Company may back date a pilot's written resignation only for
just cause.
15
SECTION 3
TRANSPORTATION
(A) Pilots will be afforded free and reduced fare transportation as
established by Company policy on the date of signing of this
Agreement which will not be changed or discontinued during the
term of this Agreement without first giving the Association thirty
(30) days notice of the reason therefore and affording the
Association an opportunity to confer with the Company.
The Company's policy as regards free and reduced fare
transportation for pilots on Medical Leave and for the surviving
spouse of a deceased pilot shall not be more restrictive than
required by federal law.
(B) A pilot retired in accordance with the terms of this Agreement or
government regulation will be afforded free and reduced fare
transportation as established by Company policy on the signing
date of this Agreement; provided that such privileges shall not be
more restrictive than those provided on page 13.13.01 dated
November 20, 1969, in the Company's Management Policy and
Procedure Manual (provided Federal Law Permits).
(C) A pilot shall be afforded ACM privileges upon date of hire in
accordance with the following:
(1) Such ACM privilege shall have a lower priority than other
Company business.
(2) Priority for this ACM will be determined on the basis of the
pilot's seniority number, up to one (1) hour prior to the
scheduled departure time of the flight. Thereafter and until
the flight departs, such ACM priority for any vacant ACM
seat will be determined on a first come, first serve basis.
A TWA pilot exercising his/her ACM privilege must personally
list himself/herself electronically via a CAMS entry at the
airport of departure if earlier than one (1) hour prior to
the scheduled departure time of the flight. Within one (1)
hour of the scheduled departure time of the flight, a TWA
pilot may list either electronically via a CAMS entry at the
airport of departure or on the appropriate ACM sign-in sheet
at the departure gate. However, the TWA pilot using
electronic sign-in shall have priority. The operating
Captain of the flight shall have overall authority with
regard to any question of priority.
(3) In addition to the above, an "operations ACM form" shall be
personally completed by a pilot prior to exercising the ACM
privileges provided in this Section no earlier than two (2)
hours prior to scheduled flight departure. The pilot shall
indicate on such form: name, seniority number, payroll
number, domicile, crew position, flight number and date,
point of departure and destination.
(4) A pilot exercising ACM privileges under this Section shall
ride in the cabin if a seat is available. Further, such
pilot shall not be subject to displacement from the flight
by a similar category ACM at stations en route to the
pilot's originally indicated destination.
(D) The Captain of TWA flights shall have the authority to grant ACM
jumpseat privileges to qualified non-TWA active pilots who are
employed by carriers listed on TWA's FIP/17 list of approved
carriers. A pilot from a carrier on TWA's FIP/17 list exercising
16
SECTION 3(D), cont.
his/her ACM privilege must personally list himself/herself on the
appropriate ACM sign-in sheet at the departure gate, noting the
date and time of sign-in. These ACM/jumpseat privileges shall be
available on all TWA route segments including international
flights. Such privileges shall be subject to applicable laws and
regulations. Non-TWA pilots will be subject to all TWA regulations
and procedures governing non-revenue travel. The priority for use
of the jumpseat by non-TWA pilots, as described above, shall be
after TWA and/or non-TWA authorized personnel have been
accommodated.
(E) ACM dress code shall be business-casual attire.
(F) Pilots assigned to training away from their domicile will receive
a round-trip Class B pass for travel to and from the place where
training is conducted.
(G) Employees who voluntarily terminate or retire at age forty-five
(45) with a minimum of fifteen (15) years of service will be
provided with a calendar year complement of six (6) Class 9 adult
trip passes and three (3) Class 9 children trip passes. Employees
who retire will also be entitled to receive unlimited reduced
rates. However, employees who voluntarily terminate will be
entitled to unlimited reduced rates on TWA and will receive
reduced rates on other airlines only to the extent such is
authorized by appropriate interline agreements between the Company
and other airlines.
(H) New hire pilots shall be eligible to receive up to five (5) class
8 round trip passes while completing initial ground school and
simulator training (prior to initial line qualification) for the
purpose of visiting their home while on days off subject to the
following:
(1) The pass(es) may be utilized only by the new hire pilot.
(2) Each class 8 pass is subject to all normal service charges
and applicable surcharges.
(3) The pass(es) shall be issued using the most direct routing
between the location where the new hire pilot is receiving
initial ground school or simulator training and the TWA
airport nearest the pilot's home.
(4) Eligibility for use of any other personal passes (non-
business) by the pilot and/or the pilot's dependents shall
be subject to the six (6) month waiting period.
(I) The Company shall issue Class 3 passes to the following pilots:
- MEC Master Chairman
- MEC Vice Chairman
- MEC Secretary-Treasurer
- MEC Members
- Negotiating Committee
- Executive Director of TWA Pilot's 401/K Directed Account
- Investment Committee - System Board Members and 3 alternates
- System Grievance Chairman
Such class 3 passes shall be used for Association business.
17
SECTION 3(J)
(J) The Company shall issue Class 5 passes to the following pilots:
- Governmental Affairs Committee Chairman
- Housing / Crew Facilities Committee
- Pilot Training Board
- ALPA Accident Investigating Committee Chairman
- Central Air Safety Committee Chairman
Such class 5 passes shall be used for Association business.
However, when used for TWA-ALPA business, such passes shall be
first class, space available (FCSA).
(K) The Company shall issue Class 5 passes to ALPA's TWA assigned
Contract Administrators. Such Class 5 passes shall be used for
Association business.
(L) Effective January 1, 2000, a pilot's father-in-law and mother-in-
law shall be afforded access to purchase up to eight (8) I.D. 90
tickets in a year for travel on TWA provided that such pilot's
pass allotment benefit includes eligible dependent children.
18
SECTION 4
COMPENSATION
(A) Captains
(1) Composite Pay
Effective as indicated below, a Captain shall receive
composite pay for time credited for pay purposes, as
provided in (F)(1) of this Section, in accordance with the
Captain's total service with the Company as a flight deck
crew member, as follows:
(a) Small Widebody.
Effective:
9/01/98 3/02/99 9/01/99 9/01/00 9/01/01 8/01/02
2nd Year 94.80 97.59 101.90 110.29 120.67 132.90
3rd Year 95.62 98.43 102.78 111.24 121.71 134.04
4th Year 106.56 109.69 114.54 123.97 135.63 149.38
5th Year 107.48 110.65 115.53 125.05 136.81 150.68
6th Year 108.59 111.78 116.72 126.33 138.22 152.23
7th Year 109.84 113.08 118.07 127.79 139.82 153.99
8th Year 110.75 114.01 119.05 128.85 140.98 155.26
9th Year 111.14 114.41 119.47 129.31 141.47 155.81
10th Year 112.42 115.73 120.84 130.79 143.09 157.60
11th Year 112.70 116.01 121.14 131.11 143.45 157.99
12th Year 112.97 116.30 121.43 131.43 143.80 158.37
13th Year 114.71 118.08 123.30 133.45 146.01 160.81
14th Year 115.64 119.04 124.30 134.53 147.19 162.11
15th Year 116.58 120.01 125.31 135.63 148.39 163.43
(b) Narrowbody.
Effective:
9/01/98 3/02/99 9/01/99 9/01/00 9/01/01 8/01/02
2nd Year 88.41 91.13 94.68 100.77 108.79 117.07
3rd Year 89.23 91.97 95.55 101.69 109.79 118.15
4th Year 99.55 102.61 106.61 113.46 122.50 131.82
5th Year 100.49 103.58 107.62 114.53 123.66 133.07
6th Year 101.57 104.68 108.77 115.75 124.97 134.49
7th Year 102.81 105.96 110.10 117.17 126.50 136.13
8th Year 103.73 106.92 111.09 118.22 127.64 137.36
9th Year 104.49 107.70 111.90 119.09 128.57 138.36
10th Year 105.47 108.71 112.95 120.21 129.78 139.66
11th Year 105.79 109.03 113.29 120.56 130.17 140.08
12th Year 106.11 109.37 113.63 120.94 130.57 140.51
13th Year 107.84 111.15 115.48 122.90 132.69 142.79
14th Year 108.78 112.12 116.49 123.97 133.85 144.04
15th Year 109.73 113.10 117.51 125.06 135.02 145.30
19
Section 4(A)(2)
(2) International Override
The override for each hour credited under (F)(1) of this Section
shall be as follows:
September 1, 1998 $6.20
September 1, 1999 6.40
September 1, 2000 6.60
September 1, 2001 6.80
August 1, 2002 7.20
(B) First Officer and Flight Engineer
(1) Pilots with less than one (1) year of service.
(a) Monthly Salary
A pilot who has completed less than one (1) year of
service with the Company as a flight deck crew member
shall receive a monthly salary as specified below and
an hourly rate, if applicable, in accordance with
Section 4(B)(1)(b).
September 1, 1998 to June 30, 2000: $2500.00
July 1, 2000 to March 01, 2002 $2575.00
March 2, 2002 and thereafter: $2675.00
(b) Hourly Rate
(i) Bid Run Holders
Time credited above seventy-five hours (75:00)
(as provided for in (F)(1) of this Section)
shall be paid according to the following hourly
rate:
September 1, 1998 to June 30, 2000: $33.33
July 1, 2000 to March 01, 2002 $34.33
March 2, 2002 and thereafter: $35.67
(ii) Reserve Schedule Holders
A reserve schedule holder with less than one (1)
year of service as a pilot shall be paid the
hourly rate indicated in Section 4(B)(1)(b)(i)
above for time credited in excess of seventy-
five hours (75:00) and any additional flying
performed and/or trips obtained and flown via
OFR.
(2) A First Officer or Flight Engineer who has completed one (1)
year of service with the Company as a flight deck crew
member, shall be paid a percentage of the total pay of a
Captain, as set forth in (A) above:
20
Section 4(B)(2), cont.
Percentage of Captain's Pay
Year F/O F/E
---- --- ---
2nd 50% 50%
3rd 60% 60%
4th 61% 60%
5th 62% 60%
6th 63% 60%
7th 64% 60%
8th 65% 60%
9th 66.5% 60%
10th 67% 60%
11th 67.5% 60%
12th 68% 60%
13th 68.2% 60%
14th 68.3% 60%
15th 68.4% 60%
(C) Minimum Guarantees
(1) A pilot who has completed one (1) year of service with the
Company as a flight deck crew member, shall receive as a
minimum guarantee for each full bid month of service,
composite pay, at his/her applicable rates of compensation
set forth in this Agreement as follows:
Reserve Schedule Holder
Effective: Bid Run Holder Reserve Officer
---------- -------------- ---------------
September 1, 1998 72 hours ALV minus 3 hours,
not less than 72 hours
September 1, 1999 73 hours ALV minus 3 hours,
not less than 73 hours
September 1, 2000 74 hours ALV minus 3 hours,
not less than 74 hours
September 1, 2001 75 hours ALV minus 3 hours,
and thereafter not less than 75 hours
The guarantee of a pilot in International Operations shall
include International Override (A)(2) above, except as
provided in (C)(2) below.
The guarantee for a pilot with less than one (1) year of
service as a flight deck crew member shall be seventy-five
hours (75:00).
(2) In the event a pilot is on both the Domestic and
International Operations during a month, the pilot's
guarantee shall be prorated based on the actual hours
performed on each operation, except that:
21
Section 4(C)(2), cont.
(a) All pilots holding equipment reserve shall be on an
international guarantee, if qualified.
(b) A pilot who is involuntarily balanced on the other
operation shall not have his/her guarantee prorated.
(c) A reserve for narrowbody operations shall receive an
international guarantee provided one (1) or more
international flights are flown within the bid period.
This international guarantee shall be compared to
actual services performed and the pilot shall be paid
based upon the greater amount.
(3) When a Captain flies more than one (1) type of equipment
during a bid month as a Captain, his/her monthly guarantee
shall be prorated on the basis of the ratio of hours flown
on each such type of equipment to the total hours flown in a
month as Captain.
(4) In the event a pilot changes categories during a month which
results in the pilot moving from one major pilot status to
another (such as First Officer to Captain), the pilot's
guarantee shall be prorated as in (C)(2) & (C)(3) above.
(5) In the event that the number of hours of a pilot's monthly
minimum guarantee is changed during a bid month, the pilot
shall be considered to have been on the guarantee of the
greater number of hours for the entire month, subject to the
provisions of (C)(1), (C)(2) and(C)(4) of this Section.
(6) The provisions of (C)(3) above shall be applicable in a
comparable manner to any pilot in a bid status other than
that of Captain.
(D) Training Pay
(1) When a pilot with less than one (1) year of service with the
Company as a flight deck crewmember receives any training,
the pilot shall be paid in accordance with Section 4(B)(1)
and credited in accordance with 4(D)(2)-(6).
(2) An initial/upgrade Captain/First Officer who has completed
one (1) year of service with the Company as a flight deck
crew member, starting in ground school and continuing
through completion of initial operating experience or until
the effective date of his/her new category bid (whichever is
later), will receive a guarantee equal to the average line
value and composite pay rate of his/her current category bid
award (i.e. First Officer or Flight Engineer).
(3) For each day of Initial Operating Experience/Evaluations a
pilot shall receive pay and credit the greater of Fixed
Daily Rate (FDR) or services performed as calculated in
accordance with Section 11. Further, a pilot who is line
qualifying while performing as an operating member of the
crew but is on board as an ACM shall receive pay for the
services performed and two hours thirty minutes (2:30)
credit for each day of line qualification.
22
Section 4(D)(4)
(4) Notwithstanding the above, for each day of "Continuing
Qualifications Training" (CQT), bid run and reserve pilots
shall receive pay and credit of Fixed Daily Rate. Further,
bid run holders who are assigned CQT training in the instant
month by the Company after the close of bids (which occurs
in the previous month) will receive pay and credit based on
the greater of trips missed or Fixed Daily Rate.
(5) In accordance with Section 6(A)(4), a pilot, except an
initial/upgrade Captain/First Officer, who is benched
between the effective date of his/her new category bid and
the commencement of his/her training necessary to fulfill
such bid, will receive a guarantee equal to the average line
value and pay rate of his/her new category. The guarantee
and pay rate of an initial/upgrade Captain/First Officer who
is benched shall be the same as his/her category immediately
preceding the effective date of his/her initial/upgrade
category bid award.
Alternatively, a pilot who has not commenced the necessary
training prior to the effective date of his/her new category
bid may be utilized by the Company in his/her previous
category. Such pilot, except an initial/upgrade
Captain/First Officer, will receive a guarantee equal to the
average line value and composite pay rate of his/her
previous category or new category, whichever is greater. The
guarantee and composite pay rate of an initial/upgrade
Captain/First Officer who is utilized shall be the same as
his/her category immediately preceding the effective date of
his/her initial/upgrade category bid award.
The provisions of this paragraph (D)(5) shall not apply to a
pilot whose failure to commence training is a result of
his/her unavailability for training (i.e. sick leave, urgent
personal business, absent without pay, military leave). Such
pilot shall be paid in accordance with paragraph (F)(8)
below.
(6) Except as provided above, for each day of training a pilot
shall receive pay and credit of FDR in accordance with
his/her current category bid award.
(E) Vacation Pay.
For each day a pilot is on vacation, he/she shall be paid the FDR
at the hourly rate determined by such pilot's mock category bid
award for a full month vacation, or by his/her actual category bid
award for partial month vacation.
(F) General
(1) The time credited for composite pay purposes shall be that
time credited the pilot under Section 11(A)(7), except that
in making the calculation for this purpose, deadhead time
due under Section 8 shall be included in making the
computation specified in Section 11(B).
(2) Except as provided elsewhere in this Agreement, for purposes
of determining composite pay when a change in calendar date
occurs enroute, only that actual time flown prior to the end
of the bid month in which the flight originated will be
credited for pay purposes for that month. The time for
23
Section 4(F)(2), cont.
changing the month shall be that of the zone of the station
of last take off.
(3) The appropriate pay rates contained in this Section will
apply to pilots flying only the equipment defined by
Sections 31(X) and 31(FF).
(4) If the Company places new equipment into operation, other
than as defined by Sections 31(X) and 31(FF), the Company
shall be bound by the relationship of the Company's current
pilot wage scale and the average wage paid by Alaska,
America West, American, Continental, Delta, Northwest,
United and/or US Airways ("OALs") for the new equipment in
effect on the date of service. The new wages will be
commensurate to the Company's current wage scale for the
other equipment on the property. In the event the new
equipment is not flown by the carriers listed, the pay rate
for such equipment will be based on the equipment utilized
by the carriers which is of equivalent weight to the new
equipment.
For example, if the average pay of the OALs is $150 for a
top of the scale Captain on the new equipment and TWA's
current scale is 85% of the OAL's average pay for the other
equipment on the property, the new wage for such pilot will
be $127.50 ($150 x 85%).
In addition, the current rules and working conditions shall
apply to the new equipment.
(5) In the event of a merger between TWA and another carrier,
the rates of pay next to become effective, or the rates of
the merger partner, whichever is greater, will become
effective the day immediately preceding the actual merger.
(6) When a pilot in a category does no flying during a month in
which he/she is entitled to a guarantee, such guarantee rate
will be based on the pilot's current category bid.
Determination of operation, and line or reserve, will be
based on the pilot's mock bid award.
(7) A pilot who is changing categories and who does no flying in
the month in the new category will have his/her guarantee
based on the new bid category on the effective date of such
bid, except as otherwise provided in this agreement
(initial/upgrades).
(8) A pilot who is unavailable for training for his/her new
category bid due to personal reasons (i.e. sick leave,
urgent personal business, absent without pay, military
leave) will be category changed as follows:
(a) A pilot who acquires a higher category bid will be
category changed on the effective date of the bid or
upon commencement of training, whichever is later.
(b) A pilot acquiring a bid in a lower category will be
category changed on the effective date of the bid.
This paragraph will be applied except in those cases
where the bid has been deferred.
24
SECTION 5
MISCELLANEOUS PAY RULES
(A) When the least senior pilot is assigned to a temporary vacancy by
the Company as a result of the application of Section 19(F)(1)(a),
the pilot's pay for the month(s) in which he/she is so assigned
shall be the greatest of the following:
(1) If the pilot is a bid run holder, the pilot's monthly bid
award ALV minus two (2) hours, including international
override if applicable; or
(2) If the pilot is a reserve schedule holder, the pilot's
reserve guarantee, including international override if
applicable; or
(3) The amount actually earned for services performed.
Composite pay will be computed at the applicable rate for the
pilot's normal category bid award if the pilot had not been so
assigned.
(B) If the Company does not post the bulletin provided for in Section
19(C), at least seven (7) days prior to the effective date of a
displacement, at least seven (7) days will be allowed for pilots
to bring their displacement preference up to date. For the period
from effective date of displacement until the end of the seven (7)
day bulletining period, the displaced pilot will be considered to
be a reserve schedule holder in the category from which the pilot
was displaced for flight assignment and pay guarantee purposes.
(C) When a pilot serves on a charity, promotional or new Captain solo
flight in a status other than the pilot's normal bid status, at
his/her own request and with the approval of the Company, the
pilot shall receive pay and flight time credit on the basis of the
pilot's normal bid status or the status in which the pilot serves
on the flight, whichever is lesser.
(D) On each scheduled, charter and extra section flight, a pilot will
be assigned to serve as Captain, and a pilot shall be assigned,
when required, to serve as First Officer, or as Flight Engineer.
(E) Management Pilot Flying/Pay Assignments
(1) Pay Assignments: When a qualified pilot is scheduled by the
Company for any flight defined in (D) above and is available
and is not used, and any official or employee of the Company
other than a pilot as defined in Section 31, check pilot
("LIP/LSP") or instructor pilot ("INS"), acts in place of
the pilot who was not used, the pilot's compensation at
regular rates, for such trip shall be credited and paid to
the pilot who was scheduled to have made the flight exactly
as if the pilot had flown the trip or trips (excluding non-
scheduled deadhead pay). A pilot who has not been notified
to report for a pay assignment must remain available for the
flight until sixteen hours (16:00) prior to the scheduled
departure time. When a qualified pilot cannot be scheduled
by the Company for any flight defined in (D) above or is not
available, all such flight pay and credit flown by an
official or other employee of the Company shall be handled
in the following manner:
(2) Pool Time: At the end of each calendar month all unassigned
flight pay and credits shall be totaled in each category.
25
Section 5(E)(2), cont.
Beginning with the most senior pilot in a category, such
pilot shall have credited to the pilot's monthly total an
amount of such flight time credit up to but not exceeding
his/her monthly bid award ALV. Any remaining flight pay
credit hours shall be credited in seniority order within the
category until all such credit hours are dissipated. When a
qualified regularly assigned pilot is removed from his/her
flight for route or equipment qualification purposes at
Company request, the above shall apply. Accounting of such
pool time will be provided to the Association at the System
Schedule Committee meeting.
(3) A pilot who has not completed one (1) year of service with
the Company as a flight deck crew member will receive only
flight time credit under the above conditions.
(4) Management pilot flying: Trips may be flown by management
pilots, after first being assigned to a bid run pilot, and
the pay assignment provisions of this Section 5(E) will be
applied. Such flying under this Section shall not be
considered additional flying.
(F) When a pilot is called to jury duty, the Company shall release the
pilot from flight duty for the duration of such jury duty. The
compensation received by the pilot for time on jury duty shall be
the Fixed Daily Rate (FDR). Such pay and credit shall not accrue,
however, so as to cause the pilot to exceed his/her average line
value.
(G) When a pilot is called to the airport for the purpose of acting as
pilot on a flight or flights and that pilot is released from duty
prior to such flight or flights he/she shall receive two (2) hours
composite pay and credit. Except for flights local in nature, when
a pilot is called to the airport for the purpose of acting as a
pilot on a flight and that flight becomes airborne and lands at an
airport other than the departure airport the pilot shall receive
pay and credit at the single duty period daily pay and credit or
the provisions of Section 11, whichever is applicable.
(H) The provisions of (A) and (C) of this Section will not apply to
training or route qualification time.
(I) The Company may schedule pilots to fly flights of a local nature
such as ferry flights at their home domicile or trip turn-around
point immediately prior to or upon completion of a regular
scheduled flight if they have been notified of such flights prior
to departing their previous station. In such cases when
notification is not practical or possible, each pilot shall have
the option to decline such ferry flight. This paragraph shall not
apply when completing interrupted flights, evaluation flights, or
operating experience flights.
(J) "Composite Pay" replaces flight pay and longevity pay for all
purposes under this Agreement.
(K) (1) The following definitions shall apply for purposes of this
5(K).
(a) "Premium Pay" means the pay a pilot receives for the
activities listed in paragraph (2) below. The Premium
pay amount is to be calculated by the given fixed pay
26
Section 5(K)(1)(a), cont.
factor as listed in paragraph (2) below, multiplied by
the pilot's category pay rate, multiplied by each hour
of such activity (as determined by the application of
Section 11). (I.e., pay factor X category pay rate X
hours = premium pay).
(b) "Deferred Vacation" means the number of vacation days
rescheduled under Section 14(E)(5).
(2) Premium Pay shall apply as follows:
Activity Pay Factor
---------------------------------------------------
(a) Draft Flights 1.5
(b) Deferred Vacation 1.2
(L) In the calculation of pay for each single training assignment away
from domicile, a pilot shall receive two hours thirty minutes
(2:30) composite pay (no flight time credit) as compensation for
reporting to such assignment. The provisions of this paragraph (L)
shall not include a training assignment in which the pilot departs
from and returns to his/her domicile for training at another
location, unless the pilot is released for rest at such other
location.
27
SECTION 6
TRAINING AND QUALIFICATIONS
(A) GENERAL
(1) Training Assignments
(a) A pilot shall be required to enter training and/or
checking to attain, regain or maintain qualifications.
(b) To the extent possible all training, as a result of a
category bid, shall be in system seniority order.
(c) The Company will maintain a program for the training
of Captains, First Officers and Flight Engineers and
will provide such training to pilots who have been
awarded a category bid in accordance with all of the
provisions of Section 19, provided the pilots meet
minimum regulatory qualifications for the training.
The Company may require additional qualifications and
will provide training for such additional
qualifications provided the pilots meet all other
regulatory requirements for such additional
qualifications. At no time will the Company be
required to provide aircraft flight training.
(2) Notification and Logistics
(a) Each pilot who is scheduled for training shall be
notified by the Company, via the pilot's JXCAP and the
TWACREW website, of the beginning and projected
completion of any training and/or checking
requirements. In addition, for informational purposes
only, line familiarization/line qualification
completion dates will be projected.
(b) Except for Continuing Qualification Training (CQT), no
pilot shall be required to attend any training and/or
checking course with less than fourteen (14) calendar
days notice. If a pilot is assigned training with less
than fourteen (14) calendar days notice, he/she will
have the opportunity to decline such training date
without penalty.
(c) The Company will maintain a page FIP/08 in CAMS and a
page on the TWACREW website that details training
logistics, including but not limited to hotels,
transportation, training and program identifiers, and
other mutually agreed upon information that would be
useful to a pilot who will undergo training.
(d) There shall be a written Flight Operations Training
Manual indicating all courses of training which shall
be readily available to pilots at the TWA Training
Center and TWA domiciles.
(e) In the event a pilot's training process is delayed for
reasons other than pilot unavailability, the pilot
shall not be utilized in his/her former category.
(f) The Company will designate the domicile or domiciles
at which training will be accomplished. If a pilot is
unable to train at his/her domicile, the Company will
assign the pilot to a designated domicile. If more
28
SECTION 6(A)(2)(F), cont.
than one (1) assignment is to be made for
initial/upgrade line familiarization or Initial
Operating Experience (IOE), choices of assignments to
locations will be offered in order of seniority of
those to be assigned.
(3) Daily Training/Scheduling
(a) The provisions of this Section 6(A)(3) shall apply to
required time in ground school and flight simulators
and all briefing in connection therewith; however, the
calendar day restriction of Section 6(A)(3)(e) shall
not apply to time in flight simulators in connection
with initial/upgrade training and any training course
that requires a rating qualification.
(b) All CQT assignments for monthly bidding purposes only
shall be posted in each pilot's JXCAP in accordance
with Section 9.
(c) A pilot will not be required to attend ground school
or take simulator training in excess of eight (8)
hours per day, not including a one (1) hour meal
break. The total elapsed time between the commencement
and conclusion of such eight (8) hours of training
shall not be scheduled to exceed twelve and one-half
(12 1/2) hours. A pilot shall not be required to
accept actual training duty on more than five (5) days
in any consecutive seven (7) days assigned to
training; provided, however, that the Company may
require a pilot to attend training in excess of five
(5) days in any consecutive seven (7) days in order to
make up for a holiday falling on a normal ground
school day.
(i) A pilot will be considered as assigned to
training on those days during which the pilot is
scheduled/rescheduled and/or actually attends
training, including days of rest within a single
training assignment.
(ii) A pilot shall receive sixteen hours (16:00) free
from all duty after release from training at the
pilot's domicile, or thirty hours (30:00) free
from all duty after release from training at a
point other than the pilot's domicile. Such
pilot may elect to waive all but twelve hours
(12:00) of this requirement for a duty-free
period between simulator and IOE and/or checking
provided the pilot notifies Training Support of
his/her waiver election no later than one (1)
day prior to the last scheduled simulator
period.
(iii) A pilot holding a reserve schedule shall
immediately check his/her schedule via CAMS
entry upon release from training.
(d) Pilots will not be scheduled to take flight simulator
CQT or proficiency checking after the hours of 2400
and before 0500 including any briefing time. The
29
SECTION 6(A)(3)(D), cont.
Company may extend after 2400 CQT or proficiency
checking originally scheduled to be completed at or
before 2400.
(e) Two (2) or more pilots shall not be scheduled for or
normally receive more than four hours (4:00) in the
flight simulator in any calendar day.
No individual pilot will be scheduled for a simulator
period to last longer than two hours and thirty
minutes (2:30), except that Line Oriented Flight
Training (LOFT) may be conducted in a flight simulator
provided that the period does not exceed four
hours.(4:00) There shall be a rest period of at least
fifteen minutes between flight simulator periods.
(f) A pilot assigned to flight simulator training shall
receive adequate rest before starting flight simulator
training.
(g) A pilot attending any training shall be shown a copy
of the instructor's and/or check airman's report on
his/her progress/performance, if the pilot so
requests. Each pilot attending training shall be
provided with a ALPA/TWA Training and Standards
Evaluation Form for each phase of training.
(h) Proficiency checks/evaluations in the flight simulator
shall be subject to the following:
(i) No maneuvers will be graded during a proficiency
check or CQT evaluation that are not required
and/or approved by the FAA.
(ii) Adequate time for a pilot to adapt to the
particular flying characteristics of the flight
simulator shall be given before a proficiency
check/evaluation is given in a flight simulator.
(iii) Proficiency checks/evaluations in a flight
simulator shall be given as nearly as possible
as an extension of flight simulator training, if
such training is required, and shall not be
given prior to such training.
(4) Withheld Pending Training (WPT or "Benched")
The Company may bench a pilot for the days within a bid
period between the effective date of his/her new category
bid and the commencement of his/her training necessary to
fulfill such bid. Such pilot, except initial/upgrade
Captains/First Officers, will receive a guarantee equal to
the average line value and pay rate of his/her new category.
The guarantee and pay rate of an initial/upgrade
Captain/First Officer shall be the same as his/her category
immediately preceding the effective date of his/her
initial/upgrade category award.
Alternatively, the Company may utilize a pilot who has not
commenced the necessary training prior to the effective date
of his/her new category bid. Such pilot will be utilized in
30
SECTION 6(A)(4), cont.
his/her previous category. In addition, such pilot, except
initial/upgrade Captains/First Officers, will receive a
guarantee equal to the average line value and pay rate of
his/her previous category or new category, whichever is
greater. The guarantee and pay rate of an initial/upgrade
Captain/First Officer shall be the same as his/her category
immediately preceding the effective date of his/her
initial/upgrade category award.
The provisions of this paragraph (4) shall not apply to a
pilot whose failure to commence training is a result of
his/her unavailability for training (i.e. sick leave, urgent
personal business, absent without pay, military leave).
(5) Interruption or Delay of Training
Subject to the Regional Chief Pilot's discretion, a pilot
may request to have his/her scheduled training interrupted
or delayed. Upon the pilot's return to work, the Regional
Chief Pilot may either reinstate the pilot to the
interrupted or delayed curriculum, subject to training
availability, or return the pilot to his/her previously held
category while awaiting reinstatement to the interrupted or
delayed curriculum, subject to seniority and satisfactory
completion of any necessary requalification training.
(6) Withdrawal From Training
A pilot who is attending any training program shall be
afforded the option to withdraw from the training curriculum
and handled in accordance with 6(C). The Pilot Training
Board will be notified of any pilot(s) exercising the
withdrawal from training option.
(7) Training Records Availability
A pilot shall receive, upon his/her request, a readable copy
of his/her training records which are maintained in the
Company's Crew Administrative Management System (CAMS). The
records to be provided are those currently accessible by
using the following CAMS transactions:
JXQI REGNUM FCQ
JXQI REGNUM INV EQP STS
JXTL REGNUM EQP STS
Copies of the foregoing CAMS training records shall be
provided along with a cover letter which identifies the
records attached to it and includes a key to the codes used
in the records. Each copy of the training record shall be
dated and signed by a duly-authorized employee of Flight
Operations Department to authenticate it as a true copy of
the records maintained by TWA in CAMS. The Company will
place a legal disclaimer containing wording of its choice on
the cover letter and on each page of the copy of the
training record.
(8) Notwithstanding the provisions of Section 2(K) the Company
shall safeguard pilot training records. In the event the
Company ceases regularly scheduled air line operations, it
will use its reasonable best efforts to provide each pilot a
31
SECTION 6(A)(8), cont.
copy of his/her current training records file as maintained
by the Company pursuant to regulations of the Federal
Aviation Administration, and any other applicable laws or
regulations, within five (5) business days after written
request and authorization submitted by the pilot. Further,
the Company shall provide a copy of a pilot's training file
to any third party or parties within five (5) business days
after written request and authorization submitted by the
pilot. In the event of a Chapter 7 or 11 filing under the
United States Bankruptcy Code, the Company will at all times
use its best efforts to cause these obligations to be
performed.
(9) Supplemental Instrument Procedures Training
Crew members may schedule time on the XXXXXX by telephone,
for two-hour blocks based on available open slots, Monday-
Friday, 0830 to 1700 (local time). Scheduled periods for
such use are subject to cancellation by the Company if the
time is needed for unanticipated TWA Training Center
requirements.
The use of the XXXXXX in this manner by any pilot is
voluntary, and pilots will not receive pay or credit for
periods of such use. Further, the Company makes no warranty
that the use of this training aid will enhance proficiency,
nor will it be deemed a substitute for any Company required
training. A pilot's use of, or failure to use, the XXXXXX
under the provisions of this paragraph will not be an issue
in an arbitration or grievance proceedings concerning the
pilot's proficiency.
(10) An Advanced Qualification Program (AQP), or any similar
alternative training program, that affects extending the
elapsed time between the required simulator check(s) and/or
simulator evaluation(s) shall not be implemented without
mutual agreement between the parties. Such mutual agreement
shall not be arbitrarily withheld.
(11) The type of training and procedures for all training for
Captains, First Officers and Flight Engineers will be
established and changed as required by the Company, except
as provided for in 6(A)(10), above.
(B) INITIAL/UPGRADE TRAINING (Training and checking required to
fulfill a category bid in a new status on an equipment type upon
which the pilot may/may not have a prior qualification.)
(1) Initial/Upgrade Captain IOE/Evaluation
(a) Upon completion of ground and flight simulator
training, a pilot will, if he/she so requests, be
permitted up to thirty (30) days or up to fifty
(50:00) hours of line familiarization prior to the IOE
and check. To facilitate the accomplishment of such
line familiarization, the Company has the discretion
to do the following:
(i) Assign a pilot to bid pairings as outlined
below; or
32
SECTION 6(B)(1)(A)(II)
(ii) Assign a pilot to a bid pairing wherein the
Captain and/or First Officer is pay assigned.
During periods of line familiarization and/or required
IOE periods of initial/upgrade training, sufficient
suitable First Officer time from domicile bid pairing
selections may be assigned to a trainee each month as
is necessary to accomplish line familiarization, IOE
and check/evaluation. Such assignments shall not
result in a reduction in the number of bid run holders
at the domicile.
(b) Initial/upgrade Captains shall receive a Progress Line
Evaluation after the first twenty-five hours (25:00)
of IOE. At the completion of the Progress Line
Evaluation, the initial/upgrade Captain will be
afforded one of the following options:
(i) The pilot may be recommended for an Initial
Captain Line Check/Evaluation;
(ii) The pilot may be recommended to continue his/her
IOE;
(iii) The pilot may be recommended for additional
training, and upon satisfactory completion, will
continue the IOE; or
(iv) Subject to the Regional Chief Pilot's
discretion, the pilot may be assigned to receive
up to six (6) months or up to five hundred hours
(500:00) in the First Officer position on the
same initial/upgrade equipment type. At the
completion of this period, the pilot will
commence IOE from the beginning. The five
hundred hour (500:00) option may be recommended
by the Chief Pilot at any time during the
training program prior to commencement of the
Initial Captain Line Check/Evaluation.
(2) Initial/Upgrade First Officer IOE/Evaluation
During the first twenty-five hour (25:00) period of IOE,
Initial/Upgrade First Officers will be handled as outlined
below:
(a) The pilot may be recommended for an initial First
Officer Line Check/Evaluation;
(b) The pilot may be recommended to continue his/her IOE;
or
(c) The pilot may be recommended for additional
Proficiency Training, and upon satisfactory
completion, will continue the IOE.
33
SECTION 6(C)
(C) FAILURE TO QUALIFY
(1) General
(a) Nothing herein shall diminish a pilot's right to a
fair and adequate opportunity to complete training and
qualify for a category assignment.
(b) The Company shall immediately notify each member of
the Pilot Training Board when any pilot fails to
successfully complete any course of training. Such
pilot shall be handled in accordance with the
applicable provision of this Section 6(C).
(c) A pilot who is unsuccessful in completing a course of
training (including all required checks) shall be
deemed to have failed to qualify and shall be subject
to the provisions of Section 6(C)(1)(e) below. Such
pilot shall be handled in accordance with Sections
6(C)(2) through (5).
(d) A pilot who withdraws from training under Section
6(A)(6) above shall not be deemed to have failed to
qualify but shall be subject to the provisions of
Section 6(C)(1)(e) below. Such pilot shall be handled
as follows:
(i) All training records shall indicate that the
pilot withdrew from training without prejudice.
(ii) Such pilot shall be returned to his/her category
held prior to entering training, subject to
satisfactory completion of requalification
training and seniority permitting.
(iii) In the event the equipment to which the pilot is
to be returned is no longer available or the
pilot cannot hold such category bid in seniority
order, such pilot may elect a displacement
option under Section 19(G) to a previously held
equipment within his/her present or lower
status. Section 13 shall not apply to a pilot
who elects the displacement option under this
provision.
(iv) A pilot withdrawing from initial/upgrade
training will be subject to Section 6(C)(2)(b).
(v) A pilot withdrawing from transition/differences
training will be subject to Section 6(C)(3)(b).
(e) A pilot who has failed to qualify as provided in
paragraph (c) above and/or who exercised the
withdrawal provision of Section 6(A)(6), the sum of
which totals three (3), shall not be afforded a
further opportunity to qualify in any status on any
equipment and shall be permanently restricted to
his/her current status and equipment, subject to
satisfactory completion of requalification training
and seniority permitting.
34
SECTION 6(C)(2)
(2) Failure to Qualify - Initial/Upgrade Training
(a) A pilot who fails to qualify and is not subject to the
provisions of Section 6(C)(1)(e) shall be handled in
accordance with the following:
(i) Such pilot shall be returned to his/her category
held prior to entering training, subject to
satisfactory completion of requalification
training and seniority permitting; or
(ii) In the event the equipment to which the pilot is
to be returned is no longer available or the
pilot cannot hold such category bid in seniority
order, such pilot may elect a displacement
option under Section 19(G) to a previously held
equipment within his/her present or lower
status. Section 13 shall not apply to a pilot
who elects the displacement option under this
provision.
(iii) In addition, an initial/upgrade Captain may
elect to fill a permanent vacancy bid award as a
First Officer on the failed equipment, subject
to satisfactory completion of
qualification/requalification training.
(b) A pilot described in Section 6(C)(2)(a) or Section
6(C)(1)(d) who is not subject to the provisions of
Section 6(C)(1)(e) shall be eligible to bid for any
category requiring initial/upgrade training twelve
(12) months after his/her failure to qualify or
withdrawal, subject to bid vacancies being available
and seniority permitting.
(c) A pilot described in Section 6(C)(2)(b) who is awarded
a bid requiring initial/upgrade training and who again
fails to qualify shall be returned to his/her previous
category, subject to satisfactory completion of
requalification training and seniority permitting. If
this failure causes the third failure to qualify in
accordance with Section 6(C)(1)(e), the Company shall
not be required to afford a further opportunity to
qualify in a higher status on any equipment.
(d) In the event the equipment to which the pilot is to be
returned is no longer available or the pilot cannot
hold such category bid in seniority order, as provided
for in Sections 6(C)(2)(c) above, such pilot shall be
afforded the displacement prerogatives under Section
19(G) to any equipment within his/her present status
or in a lower status, if applicable. Section 13 shall
not apply to a pilot who elects the displacement
option under this provision.
(e) A pilot who fails to requalify in a previous status
and equipment under Sections 6(C)(2)(a), (c) and (d)
or who fails to qualify under Sections 6(C)(2)(a) and
(d) above will be handled under the provisions of
Section 21.
35
SECTION 6(C)(3)
(3) Failure to Qualify - Transition/Differences Training
(a) A pilot who fails to qualify and is not subject to the
provisions of Section 6(C)(1)(e) shall be handled in
accordance with the following:
(i) Such pilot shall be returned to his/her category
held prior to entering training, subject to
satisfactory completion of requalification
training and seniority permitting; or
(ii) In the event the equipment to which the pilot is
to be returned is no longer available or the
pilot cannot hold such category bid in seniority
order, such pilot may elect a displacement
option under Section 19(G) to a previously held
equipment within his/her present or lower
status. Section 13 shall not apply to a pilot
who elects the displacement option under this
provision.
(b) A pilot described in Section 6(C)(3)(a) or Section
6(C)(1)(d) who is not subject to the provisions of
Section 6(C)(1)(e) shall be eligible to bid for any
category requiring transition/differences training
twelve (12) months after his/her failure to qualify or
withdrawal, subject to bid vacancies being available
and seniority permitting.
(c) A pilot described in Section 6(C)(3)(b) who is awarded
a bid requiring transition/differences training and
who again fails to qualify shall be returned to
his/her previous category, subject to satisfactory
completion of requalification training and seniority
permitting. If this failure causes the third failure
to qualify in accordance with Section 6(C)(1)(e), the
Company shall not be required to afford a further
opportunity to qualify in a category of the same
status on any equipment.
(d) In the event the equipment to which the pilot is to be
returned is no longer available or the pilot cannot
hold such category bid in seniority order, as provided
for in Section 6(C)(3)(c) above, such pilot shall be
afforded the displacement prerogatives under Section
19(G) to any equipment within his/her present status
or in a lower status, if applicable. Section 13 shall
not apply to a pilot who elects the displacement
option under this provision.
(e) A pilot who fails to requalify in a previous status
and equipment under Sections 6(C)(3)(a), (c) and (d)
or who fails to qualify under Sections 6(C)(3)(a) and
(d) above or who possess no previous TWA status and
equipment qualification shall be handled under the
provisions of Section 21.
36
SECTION 6(C)(4)
(4) Failure to Qualify - Requalification Training
(a) A pilot who fails to qualify and is not subject to the
provisions of Section 6(C)(1)(e) shall be handled in
accordance with the following:
(i) Such pilot shall be returned to his/her category
held prior to entering training, subject to
satisfactory completion of requalification
training and seniority permitting; or
(ii) In the event the equipment to which the pilot is
to be returned is no longer available or the
pilot cannot hold such category bid in seniority
order, such pilot may elect a displacement
option under Section 19(G) to a previously held
equipment within his/her present or lower
status. Section 13 shall not apply to a pilot
who elects the displacement option under this
provision.
(b) A pilot described in Section 6(C)(4)(a) above who
fails to requalify in a previous status or equipment
or who possess no previous TWA status and equipment
qualification shall be handled under the provisions of
Section 21.
(5) Failure to Maintain Qualifications
(a) A pilot who fails to maintain qualification in his/her
present category will be allowed to return to his/her
previous category, subject to satisfactory completion
of requalification training and seniority permitting.
In the event the equipment to which the pilot is to be
returned is no longer available or the pilot cannot
hold such category bid in seniority order, such pilot
may elect a displacement option under Section 19(G) to
a previously held status and equipment. Section 13
shall not apply to a pilot who elects the displacement
option under this provision.
(b) A pilot described in Sections 6(C)(5)(a) above who
fails to requalify in his/her previous status and
equipment or who possess no previous TWA status and
equipment qualification will be handled under the
provisions of Section 21.
(D) PILOT TRAINING BOARD
(1) There shall be a Pilot Training Board (herein the "Board")
for the purpose of:
(a) Making recommendations and reviewing matters pertinent
to the training of pilots and pilot training programs.
(b) Discussing the circumstances of pilots in jeopardy of
failing to complete a course of training or of pilots
experiencing difficulty completing IOE. A course of
training is defined as a initial, transition, upgrade
or a special course of extended training.
37
SECTION 6(D)(2)
(2) The Board shall consist of five (5) members, two (2)
selected by the Association. Association members shall be
TWA employees familiar with pilot training. The remaining
members shall be the Director Flight Operations Training,
and the respective Regional Chief Pilots or their designees.
(3) When any pilot is in jeopardy of not completing a course of
training including IOE, or a pilot is exercising the options
under 6(A)(5) and 6(A)(6), the Company shall notify the
entire Pilot Training Board by telephone or the most
expeditious manner available. The Board members shall be
apprised of the circumstances surrounding the pilot's
difficulty so that members of the Board may review the
progress of the pilot. Based on this review Board members
may make recommendations regarding the pilot's difficulty
which are intended to facilitate the pilot's successful
completion of his/her course of training.
Further, when the Company and/or the Association is advised
that a pilot is subject to an action by the DOT/FAA/NTSB
relative to the operation of a TWA aircraft when
training/standards may be an issue, the entire Pilot
Training Board shall be notified by telephone or the most
expeditious manner available. The Board members shall be
apprised of the circumstances surrounding the pilot's
situation so that the Board may recommend appropriate
remedial measures. Such recommendation shall be considered
by the Company.
(4) The Board has no authority to alter or override the
decisions of the Managing Director Flight Operations
Training in matters relative to training, or of the Regional
Chief Pilot in matters relative to IOE.
(5) No decisions of the Board shall limit a pilot's right to
exercise his/her rights under Sections 21 and 22 of the
Working Agreement and further, any recommendation made by
the Board pursuant to three (3) above shall not be admitted
at any grievance hearing convened under these sections of
the Working Agreement.
(6) For the purposes of (D)(1)(a) above, the Board shall meet
whenever it deems necessary to resolve items brought to its
attention, but no less than twice a year on mutually
agreeable dates.
(7) If necessary, the Company agrees to make available to each
member of the Board a current Company pilot training manual.
38
SECTION 7
TRIP AND TRAINING EXPENSES
(A) DOMESTIC OPERATIONS
(1) A pilot's expense allowance while engaged in operations,
including training, away from the pilot's domicile shall be
one dollar and eighty cents ($1.80) per hour for each hour
or fraction thereof commencing at the time the pilot is
required to report at his/her domicile and continuing until
the pilot is released at his/her domicile.
(2) No expenses shall be allowed a pilot when the period of time
spent away from the pilot's base station on a flight is less
than four hours (4:00) or where a pilot leaves the pilot's
base station and returns to such base station without a
landing being made at a point other than the pilot's base
station.
(3) At all stations where a pilot is scheduled or actually lays
over, the Company will provide suitable and adequate single
rooms and transportation in accordance with the following:
(a) Crew lodging facilities will be provided in a suitable
hotel/motel of comfort and facilities comparable to
those utilized by the Company for crew layover
purposes as of October 21, 1981. Prior to the
selection or change of a layover hotel/motel by the
Company, the Association shall be given the
opportunity to inspect such facility except where
circumstances beyond the Company's control prevent
such inspection. If the Association desires that the
Company change the location of existing layover
facilities, the Association shall notify the Company
to this effect and will set forth the reasons
therefor. The Company will conduct a prompt
investigation and if appropriate action is necessary,
will correct any deterioration of service or
facilities as reported by the Association
representative(s). Additionally, the Company and the
Association shall review the suitability of hotels and
transportation then in use on a quarterly basis.
(b) A pilot scheduled to layover twenty hours (20:00) or
less (block to block) may be provided hotel
accommodations at the airport of the layover city. On
layovers of over twenty hours (20:00), a pilot shall
be provided hotel accommodations downtown unless the
parties mutually agree to an airport layover hotel.
(c) Transportation to or from hotel accommodations other
than airport hotel(s)/motel(s) will be in suitable
vehicles. When the Company provided transportation at
layover stations is not available within thirty-five
minutes (0:35) after scheduled block-in or actual
block-in of the flight, whichever is later, the crew
may utilize other means of ground transportation to
the layover hotel and shall be reimbursed for such
reasonable and actual transportation expenses on the
regular Company expense account form. The use of
alternate transportation and reimbursement therefore
shall apply when Company provided transportation is
unavailable within fifteen minutes (0:15) of the
scheduled pickup time at the layover hotel.
39
SECTION 7(A)(4)
(4) A pilot's expense allowance while assigned to any
temporary duty or assignment away from such pilot's
domicile, shall be two dollars and fifty cents ($2.50)
per hour for each hour or fraction thereof away from
his/her domicile, except that where the Company
provides suitable lodging and transportation, a
reduction to the per hour rate as prescribed in (A)(1)
above may be made.
(a) A reserve pilot will receive the applicable
hourly expense allowance beginning at 0001 of
the first day assigned to such temporary duty
except that the reserve pilot will not receive
expenses during his/her duty free days (at
home), while on sick leave (at home), any time
(after 2400 of that day) when released from such
temporary assignment or any time such pilot is
unavailable to perform the responsibilities of
such assignment.
(b) A pilot holding a bid run will receive the
applicable hourly expense rate beginning at 0001
of the day of the pilot's first actual flight
assignment and continue until midnight (2400) of
either the day such pilot is released from the
temporary assignment or that such pilot is
unavailable to perform the responsibilities of
the assignment. Any expense reimbursement for
such portion of such period shall be subject to
(E)(1) below.
(5) When a pilot is required to report for flight duty at
the pilot's domicile, to an airport in the same
geographical area as, but other than, the airport from
which the pilot's bid run operates, such pilot shall
be furnished transportation by the Company from the
regular airport to such other airport, or be paid
twenty cents ($0.20) per mile plus necessary toll fees
to drive the pilot's personal automobile between such
airports; or when the pilot drives from the pilot's
home to an airport other than the one from which the
pilot's bid run operates, the pilot shall be paid
transportation expenses as indicated above for the
miles in excess of the distance from the pilot's home
to the pilot's regular airport. When a pilot lands at
the pilot's domicile, at an airport in the same
geographical area as, but other than the airport from
which the pilot's bid run operates, the Company shall
provide return transportation to the departure airport
at no out of pocket expense to the pilot. Expenses
hereunder shall be in addition to those provided in
(A)(1) above and compensation provided in Section 8
where such is due. In the event a pilot crew
originates its trip at one airport and terminates at
another airport at its domicile, on a scheduled basis,
said pilot crew will be furnished direct one-way
transportation, or in the alternative, if the Company
shall so elect, will be paid the actual expense of
such transportation one-way between the terminating
and originating airports. For the purpose of this
provision the pilot crew will be treated as a unit.
40
SECTION 7(B)
(B) INTERNATIONAL OPERATIONS
(1) When a pilot in International Operations is on a trip away
from his/her domicile on Company business, as in (A)(1)
above, the following shall apply:
(a) At all stations where a pilot is scheduled or actually
lays over, the Company will provide suitable and
adequate lodging and transportation. Additionally, a
pilot's expense allowance while engaged in operations
away from domicile shall be two dollars ($2.00) per
hour for each hour or fraction thereof while away from
domicile.
(b) Crew lodging facilities, as in (B)(1)(a) above will be
selected from a list of first class hotels mutually
agreed upon by the Company and the Association, and
further, any such hotel selected shall be subject to
inspection by the Association representative(s) as to
suitability of accommodations prior to the Company
contracting for such hotel. A copy of such hotel
contract shall be provided to the Association
representative(s). Should either the Company or the
Association desire to change the location of existing
layover facilities, the parties shall consult for the
purpose of reaching agreement on mutually acceptable
facilities unless conditions and circumstances beyond
the Company's control preclude such agreement. Prompt
investigation will be made and appropriate action
taken by the Company to correct any deterioration of
service or facilities as reported by the Association
representative(s). Transportation to or from hotel
accommodations located more than five (5) miles from
the airport will be in vehicles of a type mutually
agreed to by the Company and the Association
representative(s).
(c) When the Company does not provide such facilities as
outlined above, reasonable actual expenses will be
allowed therefor.
(2) A pilot's expense allowance while assigned any temporary
duty or assignment away from such pilot's domicile, shall be
two dollars and fifty cents ($2.50) per hour for each hour
or fraction thereof away from his/her domicile except that
where the Company provides suitable lodging and
transportation, a reduction to the per hour rate as
prescribed in (B)(1) above may be made. If such assignment
is outside the continental limits of the United States, the
provisions of (B)(1) above shall apply except that the per
hour expense rate shall be two dollars ($2.00).
(3) At newly established layover stations, before any
arrangements are made or allowances for lodging,
transportation, meals, laundry, tips, and miscellaneous
expenses are established, the Company will consult with the
pilot representative(s) affected, and will put the
reasonable recommendations of such representative(s) into
effect if at all practicable.
41
SECTION 7(C)
(C) DOMICILE TRAINING EXPENSES
(1) A pilot assigned to training at the pilot's domicile
(excluding completion of recurrent training bulletins,
viewing of route qualification films, and attendance at
special domicile meetings) shall receive twelve hours
(12:00) expenses at the hourly rate provided in paragraph
(A)(4) of this Section for each day of such training.
(2) A pilot who bids or is displaced to another domicile and who
is in training in the new domicile to fulfill that bid after
the effective date of the bid award, shall receive training
expenses and hotel accommodations in accordance with (D)
below, until such time as the pilot is released for line
training.
(D) TRAINING EXPENSES AWAY FROM DOMICILE
A pilot's expense allowance while assigned to the Company's
training school (if at a location other than the pilot's domicile)
shall be one dollar and eighty cents ($1.80) per hour or fraction
thereof away from such domicile. The Company shall provide
suitable and adequate single rooms as provided in (A)(3)(a) for a
pilot training away from the pilot's domicile. In addition the
Company shall reimburse each pilot for transportation expenses
from the airport to the hotel and return for each training
assignment. This reimbursement shall not exceed the roundtrip rate
for taxi/limousine that serves these facilities. No such
reimbursement need be made if transportation is furnished by other
means (e.g. a crew lodging facility courtesy car). Any expense
reimbursement for such portion of such period shall be subject to
(E)(1) below.
(E) GENERAL
(1) In addition to the provisions of paragraphs (A) and (B) of
this Section the Company may allow additional expenses
covering any extraordinary conditions.
(2) The hourly expense allowances under this Section are
intended to reimburse pilots for only reasonable actual
expenses.
(3) A pilot shall be allowed to submit Company related (800)
number phone fees on his/her expense report.
42
SECTION 8
DEADHEAD TIME
(A) When a pilot, who has completed one (1) year of service with the
Company as a flight deck crew member, deadheads on a flight or
part thereof, to or from protecting a flight, such pilot shall
receive full pay, full credit for each hour of such deadhead time.
Pay will be based on the pay rates of the equipment used on the
flight protected. Deadhead pay rates and credit under this Section
will be prorated where periods of less than an hour are involved.
(B) When deadheading is by surface transportation, it shall be paid as
indicated above on the basis of scheduled flight time between the
points.
(C) Movement between the following airports by surface transportation
for the purpose of taking out a flight or returning from a flight,
will not be considered as deadhead time. Each pilot shall be
compensated for such movement, at the pilot's domicile only, at
$2.50 per hour.
Between Normal Travel Time
------- ------------------
Newark LaGuardia 1:15
Newark Xxxxxxx 1:30
LaGuardia Xxxxxxx :45
Xxxxxxx Islip 1:00
San Francisco San Xxxx 1:00
San Francisco Oakland 1:00
Los Angeles Ontario 2:15
Los Angeles Long Beach :40
Los Angeles Burbank 1:15
Los Angeles Santa Xxx 1:30
The travel time provided in this paragraph (C) shall be considered
as an extension of the trip hours and on-duty provisions of
Section 11.
(D) Prior to initiation of operations from airports other than those
listed in paragraph (C) above, the Company shall consult with the
Association for the purpose of establishing travel times and
transportation arrangements pertinent to such operation.
(E) A pilot scheduled to complete a flight assignment by deadheading
from another station to such pilot's domicile shall be permitted
to proceed directly to a location other than the pilot's domicile
providing that prior to departing such other station, the pilot
shall obtain approval from the appropriate planning authority.
Such approval shall not be arbitrarily withheld. However, when
crew rest is scheduled prior to deadheading return to domicile,
43
Section 8(E), cont.
the pilot shall not depart the station before the termination of
such rest period. Class B travel is authorized to any TWA station
provided that such travel is completed on the same day as the
deadhead return to domicile.
When a pilot elects to utilize the provisions of this paragraph,
expenses shall terminate at the block-out time of the flight upon
which the pilot normally would have deadheaded to the pilot's
domicile.
(F) A pilot scheduled to begin a flight assignment by deadheading from
the pilot's domicile to another station to originate a flight,
shall be permitted to proceed directly to the other station to
originate the flight providing that prior to departing for such
other station, the pilot shall obtain approval from the
appropriate scheduling authority and his domicile. Such approval
shall not be arbitrarily withheld. The pilot shall bear the
responsibility of reporting for the originating flight in
sufficient time but in no case less than one hour (1:00) prior to
scheduled departure. A pilot shall be responsible to ensure that
he/she has reviewed all pertinent safety material prior to flight
assignment. Notification of pilot direct reporting will be via the
designated CAMS entry. Class B travel is authorized to any TWA
station provided that such travel is completed on the same day as
the deadhead to begin a flight assignment.
When a pilot elects to utilize the provisions of this paragraph,
expenses shall begin at the block-in time of the flight upon which
the pilot normally would have deadheaded from his/her domicile.
(G) When utilizing the provisions of Sections 8(E) and/or (F), a pilot
shall be deemed to have actually performed the deadhead assignment
as scheduled for the following purposes: 1) Duty time
limitations; 2) Flight time limitations; 3) Flight time pay; and
4) Flight time credit as provided in Sections 8, 10, and 11 of
this Agreement.
44
SECTION 9
SCHEDULING POLICY
The scheduling of pilots out of each domicile shall be in accordance
with seniority and category.
Since all situations cannot be covered, any question of interpretation
should be brought to the attention of the Regional Chief Pilot. If such
an interpretation does not satisfy the pilot involved, such pilot shall
nevertheless follow the instructions received from the Regional Chief
Pilot and then may present a summary of the incident to his/her Domicile
Schedule Committee Chairman.
(A) Preparation of Bid Pairings
(1) Prior to consulting with the System Schedule Committee the
Managing Director - Flight Operations shall analyze the
flight assignments and develop them into bid pairings for
posting on a standard form or in electronic form. Such bid
pairings shall include all known flight time assigned to the
domicile and shall be developed in accordance with this
policy.
(2) Whenever a change of flight times, stops, or layover points
occurs, or if flights are added or deleted after the closing
of bid preference bidding, the decision regarding the
posting of new bid pairing preference sheets shall be made
by mutual agreement between the Domicile Schedule Committee
Chairman and the Regional Chief Pilot. Such a decision shall
be based on the extent of such changes and the time of the
month.
(3) Every effort shall be made to design bid pairings in such a
manner that there is an assortment of pairings offering a
variety of pairing characteristics (i.e., length of trip and
departure/arrival time).
(a) Prior to the posting of bid pairings, a pre-run
solutions check shall be accomplished to ensure that
there is a feasible bid run solution. The check shall
take account of all staffing actions and prescheduled
activities known at the time of the run. Pairings
which will not provide a feasible pre-run solution
check in a category shall be redesigned by being
recombined with other flight assignments as necessary
until a feasible pre-run solution check is
accomplished. The Company shall provide a copy of the
pre-run solution to the System Schedule Committee at
the System Schedule Committee meeting.
(b) Additionally, to the extent possible, the Company
shall strive to ensure that the highest level of bid
run satisfaction is achieved by the maximum number of
pilots in each category.
(4) Bid pairings shall be posted in such a manner as to reflect
the flight number(s), dates of operation, and a projection
of credited flight time.
(5) Monthly bid pairings shall be developed which will achieve
bid runs that can be constructed within the mutually agreed
range of Target.
45
Section 9(A)(6)
(6) A listing of all pilots who are scheduled for vacation,
known training or leaves of absence shall be posted by
category concurrently with the posting of bid pairings.
(B) Bidding - Information Package and Process
(1) Information permitting, pilots shall have ten (10) days to
indicate their schedule preferences. A domicile flight
assignment summary ("bid package") containing all pairings
of flights to be flown by category to be effective the
following month/bid period shall be available electronically
via Home Access and preferential bid system ("PBS")
stations, on the eighth (8th) of each month and bids shall
close on the eighteenth (18th) of each month. Additionally,
paper bid package(s) will be available in each pilot's
domicile/satellite by the twelfth (12th) of each month.
Changes to the above mentioned dates may only be made by
mutual consent. The bid package will show all domicile bid
pairings grouped by equipment, and the following information
(a-t) shall be included. Also, (a-j) shall be provided in a
summary format.
(a) Flight Number
(b) Equipment-Limo-Deadheading
(c) Departure Time (Domestic-Domicile Local Time;
International-Domicile Local and GMT)
(d) Crew Change Station
(e) Arrival Time
(f) Schedule Stops
(g) Layover Station and Time
(h) Total Scheduled Block-to-Block
(i) Total Trip Hours
(j) Total Round-trip Credit
(k) Crew Meal Segments
(l) Target
(m) Range
(n) The estimated Reserve Staffing for each Category and
the three (3) fixed-days-off (FDO) spreads as defined
in Section 12(D)(2)(b).
(o) A listing of all pilots who are scheduled for
vacations and known training.
(p) Layover Hotel/Limo names and contact telephone numbers
(q) System Default Bid for each category, as developed and
mutually agreed between the Company and the System
Schedule Committee, when updated as necessary. A
46
Section 9(B)(1)(q), cont.
reference to a location where the System Default Bid
can be viewed and printed electronically.
(r) A reference to a location where the name and the
payroll number of each pilot who is qualified as a
line check airmen by category can be viewed and
printed electronically.
(s) A reference to a location where the previous month's
bid results, indicating those pilots awarded bid runs
or reserve schedules by Category in seniority order
can be viewed and printed electronically.
(t) Final agreed values ("pad factors") for all legalities
(e.g., 29:15 in 7, etc.).
Bid packages are to be mailed via overnight delivery to
pilots upon request when they are five (5) or more days
late.
(2) The Company will provide pilots with technical support
during the introduction of the preferential bid system to
enable pilots to efficiently and effectively utilize the
monthly preferential bid system. An on-line tutorial program
will be available and updated as required. Further, the
Company shall provide a toll-free technical support line
that will be staffed during the time that bids are open
Monday through Friday from 0830 to 1730 Central Time. At all
other times during the month, a voicemail facility will be
utilized.
(3) (a) Each pilot shall indicate his/her personal default
bid and/or monthly schedule preferences electronically
on the preferential bid system provided at each
domicile/satellite and/or through Home Access.
Additionally, each pilot may indicate his/her personal
default bid through CAMS by utilizing the "JXPREF"
entry.
(b) The preferential bid entry system shall provide:
(i) User-friendly interface features to enable a
pilot to efficiently enter his/her preferences
that will effectuate the processing and awarding
of a bid run or reserve schedule in accordance
with his/her preferences and seniority;
(ii) Help features and bid entry system interface
features to enable the pilot to successfully
enter his/her preferences in the proper format.
The system shall allow each pilot to identify
and prioritize his/her preferences.
(iii) The bidding pilot shall have access to his/her
last month's bid award, input bid preferences
and a way to determine the reasons for awards
and/or denials of awards.
(iv) Reports will be available to the System Schedule
Committee such that the preferential bidding
system's performance and other features can be
47
Section 9(B)(3)(b)(iv), cont.
monitored and evaluated.
(4) Each pilot shall indicate bid run or reserve schedule
preferences on the preferential bidding system
provided at each domicile/satellite or through Home
Access. Sufficient choices to receive a bid award
should be indicated.
(5) As a guide for awarding pairing(s) to pilots who are
short on time and for balancing purposes, each pilot
may enter his/her balance preferences by use of the
CAMS free form balance request (JXMVP). Such balancing
preferences shall be input by 0600 Central Time on the
23rd of the month prior to the bid month to be
processed on the 23rd of the month. Pilots who
volunteer for a supplemental bid run will also use
this CAMS transaction and date/time to express their
trip preferences.
(6) Whenever a bid assignment message announces a pilot's
bid or assignment before bid preferences close and the
effective date of the bid is on or before the first
day of the bid period, the pilot shall be permitted to
express his/her bid preferences provided such
expression is made prior to the bid preference closing
date and time.
(7) Whenever it is known that a pilot will return from
leave of absence or temporary assignment during the
bid period that pilot shall be permitted to express
his/her bid preferences provided such expression is
made prior to the bid preference closing date and
time.
(8) A pilot shall bear the responsibility for having
his/her bid preference indicated as provided in
paragraph (B)(3) above during the bidding period.
(9) A pilot may leave a self-addressed stamped envelope of
appropriate size with the Manager-Flight Crew
Administration for the purpose of mailing the bid
package.
(10) Pre-scheduled Activities: (training, vacation,
------------------------
medical/sick leave, etc.).
(a) For the purposes of Training Golden Days (TGDs)
input, an annotation alerting a pilot to
anticipate CQT in the bid month shall be visible
to the pilot in his/her JXCAP not later than the
first day of the month prior to the bid month.
(b) For the purposes of bidding, each pilot's known
activities (except for unpaid leaves of less
than one month) for the next bid month
(including specific dates) shall be input and
made available for viewing by the pilot not
later than the fourteenth (14th) of the month
prior to the bid month and shall not be changed
without the concurrence of the pilot until
twenty-four hours (24:00) after bid runs are
awarded.
(C) Awarding of Bid Pairings
(1) Bid runs shall be developed from the awarded bid pairings in
accordance with seniority and posted on a standard form or
available electronically through the preferential bid system
48
Section 9(C)(1), cont.
at each domicile/satellite and Home Access.
(a) Short term (less than one month) leaves without pay
will not be considered in the construction process of
awarded bid runs or reserve schedules.
(b) A pilot whose pre-scheduled activities preclude
him/her being awarded his/her preference for a bid run
or reserve schedule in accordance with seniority may
be assigned a bid run or reserve schedule for the
purposes of completing the run. After the bid run and
reserve schedule awarding process is completed, such
pilots shall be afforded an opportunity to accept the
assigned bid run or reserve schedule or alternatively,
exercise the provisions of Section 9(C)(5).
(c) A pilot whose bid preferences may be equally satisfied
by more than one pairing(s), work and non-working
period(s) may have the determination of which such
equally desired pairing(s), work and non-working
period(s) he/she is awarded by the preferences of the
pilot(s) junior to such pilot, in seniority order, who
have submitted more specific bid preferences in the
same bid category.
(d) A pilot may enter bid preferences containing one or
more conditional or specific reserve schedule criteria
and shall be awarded such reserve schedule, seniority
permitting. If the awarding of such schedule in
accordance with a pilot's seniority would prevent a
successful completion of bid awards, such pilot may be
assigned a bid run or reserve schedule for the
purposes of completing the run. After the bid run and
reserve schedule awarding process is completed, such
pilot shall be afforded an opportunity to accept the
assigned bid run or reserve schedule or alternatively,
exercise the provisions of Section 9(C)(5).
(e) A Reserve Officer shall be temporarily assigned to the
status of his/her qualification and shall be permitted
to bid and be awarded a bid run in the same manner as
if they were permanently assigned to the category.
(f) Except as provided in Section 9(C)(1)(a) above, a
pilot's schedule will be constructed such that he/she
is contractually legal in all respects for all
pairings and/or reserve schedules awarded vis-a-vis
his/her known activities as reflected in CAMS at the
closing of bids.
The Company may exercise the provisions of Section
9(D) during the interval after bids have closed and
before the award results are reflected in CAMS, except
that any such balance award that causes an illegality
in the pilot's next month bid award shall be removed
upon bid run completion. Nothing in this paragraph
shall limit a pilot's right to initiate changes to
his/her schedule at any time. If such pilot initiated
changes create any conflicts or illegalities versus
their PBS award, any illegally awarded trips shall be
removed from the award and the pilot shall be handled
49
Section 9(C)(1)(f), cont.
under the initial balance process.
(2) If a pilot fails to bid as provided in 9(B)(3), the pilot
will either be awarded a bid run or reserve schedule,
utilizing the pilot's personal default bid. If the pilot
does not have a personal default bid, the appropriate system
default bid will be used.
(3) A pilot will not be awarded a bid (except for pay purposes
only) on a type of equipment unless the pilot holds the
necessary equipment qualifications, or it is anticipated
that the pilot will complete such qualifications within the
first five (5) days of the bid month being awarded.
(4) A pilot who has completed transition and/or upgrade training
on an equipment type in conjunction with fulfilling a new
category bid will be afforded the opportunity for a
guaranteed bid run award through the PBS, seniority
notwithstanding, in the new category for one (1) month only.
Such guaranteed bid run holder status shall be in accordance
with Section 9(C)(3) above. A pilot who is awarded a bid run
pursuant to this paragraph shall not be subject to
displacement under Section 9(C)(5) below.
(5) A pilot described in Section 9(C)(1)(b) or (d) above or
whenever a pilot bidding, displacing, returning from leave
of absence, training or temporary assignment or changing
categories, arrives at a domicile after the awarded bid
period has started and has not been awarded a bid, the pilot
shall be handled in the following order:
(a) If sufficient open time is available to construct a
line reasonably close to the pilot's monthly ALV, a
pilot shall be scheduled on such open time provided
the pilot's seniority entitles the pilot to such open
time.
(b) If sufficient open time is not available, the pilot
shall assume the line held by the most junior line
holder provided the pilot is senior to the holder of
said bid run in his/her category.
(c) If unable to be handled as in (a) or (b) above,
seniority permitting the pilot shall assume the line
held by the most junior pilot holding a bid run as in
(C)(8) below in his/her category.
(d) If unable to be handled as in (a),(b) or (c) above,
the pilot shall be assigned a reserve schedule.
(e) If a pilot so elects, in lieu of (a),(b) or (c)
preceding, the pilot may be given a reserve schedule.
The Company shall attempt to contact such pilots for
disposition by phone, and if unable then by an entry in the
pilot's JXCAP.
(6) Notwithstanding the balancing of pilots and distribution of
open time provisions contained in Section 9(H) below,
whenever a bid pairing(s) is re-bid or a flight(s) in a bid
run must be substituted because of a schedule change during
50
Section 9(C)(6), cont.
a month, the flight(s) for which the pilot is scheduled in
the new period shall replace any flight(s) previously
awarded for that period from earlier bidding, and such new
flight(s) shall be considered to be a part of the pilot's
original projection.
Substitution of flight(s) under the provisions of this
paragraph 9(C)(6) shall be limited to pilots who have lost
flight(s) solely for the reason stated above. Additionally,
the substitution of flight(s) as provided herein shall be
assigned based upon the seniority within the category and
the following priorities:
(a) First, the new flight assignment(s) is substantially
equal in pay and credit and days scheduled to operate
to the original flight assignment;
(b) Second, the new flight assignment(s)is substantially
contained within the days that the original flight
assignment was to operate;
(c) Third, the new flight assignment(s) is substantially
equal in pay and credit to the original flight
assignment.
(7) A pilot will not be awarded a bid run or reserve schedule if
the pilot is expected to be absent from flying during the
entire bid period, i.e., medical, personal leave, vacation,
etc.
(8) Supplemental Bid Runs. The Company shall develop
---------------------
supplemental bid runs to provide for the post bid award
protection of flight assignments that are un-sequenced and
flight assignments that are otherwise vacated by pilots.
If subsequent to the posting of bid run awards, but prior to
the seventh day of the new bid period, a bid run can be
developed for a category which totals the guarantee or more
credited hours, such bid runs shall be awarded in seniority
order to those pilots holding a reserve schedule in that
category who have indicated a preference for a supplemental
bid run subject to Section 12(D)(2)(b). Pilots may indicate
such preference in accordance with the following:
(a) Pilots desiring a supplemental bid run shall indicate
this preference via an appropriate entry in the
Preferential Bidding System. Such pilots shall input
their preferences as to trips via the CAMS free form
balance request (JXMVP) by 0600 Central Time on the
23rd of the month prior to the bid month to be
processed on the 23rd of the month; or
(b) Pilots desiring a supplemental bid run may input their
preferences as to trips via the JXMVP by 0600 Central
Time on the 23rd of the month prior to the bid month
to be processed on the 23rd of the month.
Supplemental bids will be awarded first to pilots who
indicated a preference for such bids via the Preferential
Bidding System. Any additional supplemental bids will then
be awarded to pilots who input their preference as to trips
51
Section 9(C)(8), cont.
via the JXMVP. After any such supplemental bid runs are
awarded, any additional open time will be handled in
accordance with Section 9(H).
(9) The above notwithstanding, the Company shall not be required
to award during the normal monthly bid award process First
Officer pairings associated with Line Check Airman bid runs.
Such pairings as provided under this Section 9(C)(9) shall
not exceed the equivalent of thirty (30) First Officer Bid
Runs based on the respective First Officer Category range of
Target. Such open First Officer pairings shall be, to the
extent possible, used for training which, as used herein,
shall be limited to equipment training, requalification
training, upgrade training, and checking. Whenever said bid
runs or a portion thereof cannot be used in training as
described above, the resultant vacant trip(s) shall be
treated as open time and assigned in accordance with Section
9(H). The assigning of pilots to trips open due to such un-
awarded First Officer bid pairings shall not result in any
pay assignment to any pilot. The application of this
provision shall not, for the duration of the Agreement,
result in the creation of an excess of pilots for the
purpose of subsequent system displacement actions.
(10) During the monthly preferential bid process, First Officers
with less than FAR 121.438b experience will not be awarded a
pairing(s) that has been awarded to a Captain who does not
meet the requirements of FAR 121.438b.
(D) Balancing of Pilots
(1) For the purpose of balancing, pilots will be classified as
follows:
(a) Class "A" Balance: Bid run pilots projected under
--------
guarantee, upon completion of initial balancing on a
seniority basis, will be classified as Class "A".
A Class "A" pilot may enter balance preferences at any
time by telephone contact or voicemail with CCS, or
the CAMS free-form balance request (JXMVP).
Initial balancing will normally commence on the
twenty-third (23rd) of the month prior to the bid
month. Notwithstanding the provisions of Section
9(B)(5), a Class "A" pilot may request that his/her
balance preference be added to the JXMVP list at any
time during the month.
Trip Substitution: In addition to the Company or pilot
adding a Class "A" balance trip, a Class "A" pilot may
substitute a conflicting trip in his/her bid line with
a Class "A" balance trip. Such trip substitution is
limited to a Class "A" balance.
(b) Class "M" Balance (Military): In accordance with
Section 18(C)(4)(c), bid run pilots who drop an entire
trip due to military and request to become available
for balance for the number of days of the original
trip over and above the military absence days taken
will be classified as Class "M". (E.g. A five day trip
52
Section 9(D)(1)(b), cont.
is dropped for two days of military absence, the pilot
would be available for three days (M3) of flying.).
A Class "M" pilot may enter balance preferences at any
time by telephone contact or voicemail with CCS, or
the CAMS free-form balance request (JXMVP).
Notwithstanding the provisions of Section 9(B)(5), a
Class "M" pilot may request that his/her balance
preference be added to the JXMVP list at any time
during the month.
(c) Class "B" Voluntary Balance: Bid run pilots projected
------------------
under ALV credit hours but over guarantee due to the
following will be classified as Class "B":
- A flight cancellation
- Irregular operation
- When training results in a missed trip(s) that are
greater than the value of the daily rate for such
trip(s).
In addition, pilots projected under guarantee due to
low initial projection, as defined in Section
9(D)(2)(b), will be considered Class "B".
Notwithstanding the provisions of Section 9(B)(5), a
Class "B" pilot may request to be balanced at any time
during the month by telephone contact with Crew
Scheduling, by voicemail or by the CAMS free form
balance request (JXMVP).
Once the value of the Class "B" loss, as stated above,
has been recovered, the pilot will not be considered
for a Class "B" balance.
(2) Additional Balance Rules:
(a) Involuntary Balance: In the event a pilot's projected
flight time credit for the month is less than the
applicable hours of the pilot's guarantee, the Company
may balance such pilot at any time during the month,
subject to (D)(2)(b), below.
(b) A bid run pilot whose initial awarded bid run is
constructed to less than bid run guarantee will not be
subject to balance as provided for in Section 9(D)
unless such pilot indicates his/her request for
balancing by voicemail or by the CAMS free form
balance request (JXMVP).
(c) Pay and Credit Calculations: If any trip commences
(report time) in one (1) calendar month and ends in
the following month, all of a pilot's calculable
flight time pay and credit for the trip shall be paid
and credited in the month earned.
(d) Reserve Replacement Option (RRO): Subject to the
approval of Crew Schedule, a Class "A", "M" or "B"
53
Section 9(D)(2)(d), cont.
pilot may remove a reserve pilot from a flight up to
the time the reserve pilot is required to report for
the flight. In addition, a reserve pilot may be
removed from a flight in mid-pairing by Crew Schedule
if the remaining portion of the pairing is assigned to
a Class "A", "M" or "B" pilot or at the Company's sole
discretion to any pilot on the Volunteer Fly List.
(e) Balance Limits: The block-to-block flight time on the
balance trip to be flown shall not, when added to
his/her already accumulated block-to-block flight
hours and projected block-to-block flight hours, total
more than category target plus range, unless the pilot
consents.
(f) Class "A" and "M" balancing may be done by the Company
at any time and will always be run consecutively,
Class "A" then Class "M", on a seniority basis.
(3) Balance Avoidance: Pilots who are subject to balance for any
------------------
reason shall be allowed to request an opportunity to avoid
balancing. Requests to avoid balance action must be
communicated to Crew Scheduling and, if approved, the
pilot's guarantee will be reduced to the current value of
his/her services performed and projected services.
The decision to permit balance avoidance will be subject to
forecast reserve availability and operational considerations
at the time of the request and will be at the sole
discretion of the Company.
Pilots who exercise the balance avoidance option and
subsequently are again subject to balance will be handled in
accordance with Section 9(D)1 and (D)2 above.
(4) When a canceled flight is re-originated or an extra section
or charter is operated in lieu thereof, it will be treated
the same as the pilot's original flight assignment.
(E) Bid Line Improvement Process (BLIP)
(1) To provide more desirable flights for pilots in accordance
with their seniority, the following Bid Line Improvement
Procedure (BLIP) principles shall apply for bid run pilots.
(2) Each bid run pilot shall be offered an opportunity to bid
for any flight whether or not the desired flight(s) is
advertised as open. Such BLIP preference must be input for
each day, separately, and can reflect flight preferences for
any other date of the bid period, subject to the provisions
listed below:
(a) BLIP preferences must be input by the pilot via CAMS
CRT, home access, or voice-mail. Up to three (3)
display screens will be available for all preference
inputs (i.e. BLIP and TAS).
BLIP preferences must indicate the flight number(s)
and date(s) of the flights desired and the flight
number(s) and date(s) of the flight(s) vacated (e.g.
*A256/02DEC R323/03DEC*).
54
Section 9(E)(2)(b)
(b) BLIP processing for each month shall commence with the
first BLIP close time three (3) days prior to the
first day of the month and will be in accordance with
the parameters listed below based on local domicile
time:
DAILY BLIP
-------------------------------------------------------------
Domicile Return 1st BLIP 2nd BLIP
to Duty Close Close
Time
-------------------------------------------------------------
JFK D/I 0800 0800 1700
-------------------------------------------------------------
STL D/I 0800 0800 1700
-------------------------------------------------------------
SFO D/I 0700 0700 1600
-------------------------------------------------------------
LAX D/I 0700 0700 1600
-------------------------------------------------------------
(c) A pilot who is in any off-duty status and desires to
return for his/her next scheduled flight must do so no
later than the applicable local domicile time on the
day prior to the next scheduled flight or the flight
will be removed and placed in open time.
(d) BLIP awards will be completed as soon as possible, not
to exceed three hours (3:00) of the BLIP close, local
domicile time. Flight(s) awarded to successful bidders
shall be added to the pilot's monthly schedule (JXCAP)
and the flight(s) vacated will be removed.
Any pilot whose flight(s) is vacated due to a BLIP
Preference Award to another flight(s) will lose all
rights to the vacated flight(s).
(e) Daily BLIP awards will be processed in seniority order
and on a multiple pass system. If the automated CAMS
system is unavailable during the BLIP award process,
the process reverts to a single pass system and the
completion time provisions of paragraph (d) above and
the automated report provision of this paragraph shall
not apply.
An automated report of all BLIP requests showing those
awarded and the reasons for those denied will be
electronically available for all pilots to view for
each BLIP run.
(f) A BLIP transaction will be processed even if it causes
the pilot to exceed ALV.
(g) A pilot on ALPA business will be allowed to exercise
the BLIP provisions of this section in seniority order
for the purpose of ALPA Flight Pay Loss make-up. (Not
applicable to the three (3) members of the System
Schedule Committee reimbursed by the Company under
Section 10(B)(5)).
(h) Subject to Sections 9(E)(2)(j), 9(E)(2)(k) and 9(E)(3)
below, a pilot may BLIP out of any flight(s) within
the new bid month, and a pilot may BLIP from any day
of the new bid period into a flight on the last three
(3) days of the previous bid period.
55
Section 9(E)(2)(i)
(i) BLIP requests that impinge on a pilot's golden days
will be awarded and the pilot will forfeit those
golden days impinged upon.
(j) A pilot may BLIP out of a flight(s) that departs or
impinges on a holiday.
Requests to BLIP out of the holidays specifically listed
below will be processed two (2) days and one (1) day
before the scheduled departure date of the pilot's
original flight(s). The award of such BLIP will be at
the Company's discretion, notwithstanding the stated
reserve requirements of paragraph (E)(3). Further, at
all times a pilot may BLIP out of a pairing(s) that
departs or impinges on one of the following holidays
as long as he/she adds a pairing(s) that departs or
impinges on the same holiday.
Thanksgiving Day Christmas Day
December 31
(k) BLIP preferences will be honored if such award does
not generate more than forty-five minutes (0:45) of
make-up guarantee at the completion of each award. A
pilot's guarantee will be automatically subject to the
reduction provisions of Section 9(D)(3), Balance
Avoidance, for the make up guarantee.
(l) BLIP requests for a domestic satellite pairing will be
awarded in accordance with the normal BLIP procedures.
BLIP requests for an international satellite pairing
will be awarded in accordance with Letter VI,
paragraph 18.
(m) BLIP preferences shall not be honored if the award is
in conflict with a required, pre-scheduled activity or
vacation. However, BLIP preferences shall be honored
if the award conflicts with a bid run pilot's days off
or golden days.
(n) Pilots awarded a BLIP assignment have the
responsibility to "OK" that assignment. However, Crew
Schedule shall notify pilots awarded BLIP flight(s)
for the current or following day and those pilots who
have no flight activities scheduled before the BLIP
award flight(s). In the event it is not possible to
contact a pilot who has a BLIP flight(s), a rework
will not be made. Any flight(s) left open in this
manner will be assigned in accordance with Section
9(H).
(o) BLIP preferences requesting to add a trip on the date
of the BLIP process shall be awarded provided the trip
added departs after 1700 (local domicile time) and the
trip removed does not depart on that process day.
(3) BLIP preferences shall be awarded if there are sufficient
reserves to cover all known openings for the duration of the
trip(s). If the vacated trip is within seven (7) days of the
BLIP award, the BLIP preference shall be awarded if there is
one (1) reserve pilot in addition to the sufficient reserve
56
Section 9(E)(3), cont.
requirement for the duration of the trip. The Company, in
its discretion, may award a BLIP preference notwithstanding
the stated reserve requirements of this paragraph.
(F) Additional Flying
(1) General
(a) Pilots who notify the Company that they are available
to fly on days they are not otherwise scheduled to fly
may perform additional flying, subject to these
Section 9 (F) provisions.
After the bids are awarded and continuing throughout
the month an eligible pilot may volunteer to fly time
in addition to his/her monthly schedule. No pilot
shall be required to perform additional flying.
(b) Non-bid run pilots are restricted from Green Time,
(9(H)(1)), for all additional flying.
(c) Non-bid run pilots may use TAS and VFL to request
additional flying on days off, reserve golden days off
(RGD) and vacation days. Such flights must depart on a
day off, RGD or vacation day and must be contained
within the pilot's vacation or duty free period,
including all required rest, except as provided in
Section 9(F)(5). Non-bid run pilots may use TAS and
VFL for RGD and vacation flying beginning forty-eight
hours (48:00) prior to the commencement of the RGD or
vacation period for flights departing within the
pilot's RGD or vacation. Non-bid run pilots on days
off may use TAS or VFL for flights departing within
forty-eight hours (48:00).
(2) Trip Add System (TAS)
(a) To provide a structured mechanism for pilots to add
flights to their schedules in accordance with
equalization, the TAS principles shall apply for all
pilots.
(b) Each pilot shall be offered an opportunity to bid for
any flight whether or not the desired flight(s) is
advertised as open. Such TAS preference must be input
for each day, separately, and can reflect flight
preferences for any date(s) of the bid period, subject
to the provisions listed below:
(i) TAS preferences must be input by the pilot via
CAMS CRT, home access, or voice-mail. Up to
three (3) display screens will be available for
all preference inputs (i.e. BLIP and TAS).
TAS preferences must be input by specific
request, by flight number(s) and date(s) of the
flight(s) desired
(e.g. *A256/02DEC**A323/03DEC*).
(ii) TAS processing for each bid month shall commence
with the first TAS close time three (3) days
57
Section 9(F)(2)(b)(ii), cont.
prior to the first day of the bid month and
will be in accordance with the parameters listed
below based on local domicile time:
DAILY TAS
-----------------------------------------------------
Domicile 0xx XXX Xxxxx 0xx XXX Close
-----------------------------------------------------
JFK D/I 0800 1700
-----------------------------------------------------
STL D/I 0800 1700
-----------------------------------------------------
SFO D/I 0700 1600
-----------------------------------------------------
LAX D/I 0700 1600
-----------------------------------------------------
(iii) TAS awards will be completed as soon as
possible, not to exceed three hours (3:00) of
the TAS close hour. Flight(s) awarded to
successful bidders shall be added to the pilot's
monthly schedule (JXCAP).
(iv) TAS preferences shall not be honored if the
award is in conflict with required, pre-
scheduled activity. However, a TAS award shall
be honored if the award conflicts with a pilot's
scheduled vacation or days off.
TAS requests that impinge on a pilot's golden
days will be awarded and the pilot will forfeit
those days impinged upon.
A TAS transaction will be processed even if it
causes the pilot to exceed ALV.
(v) TAS requests for a domestic satellite pairing
will be awarded in accordance with the normal
TAS procedures. TAS requests for an
international satellite pairing will be awarded
in accordance with Letter VI, paragraph 18.
(vi) Pilots awarded a TAS assignment have the
responsibility to "OK" that assignment. However,
Crew Schedule shall notify pilots awarded a TAS
flight for the current or following day and
those pilots who have no flight activities
scheduled before the TAS award flight. In the
event it is not possible to contact a pilot who
has a TAS flight, a rework will not be made. Any
flight(s) left open in this manner will be
assigned in accordance with Section 9(H).
(vii) Out-of-domicile pilots may use TAS for flights
departing within forty-eight hours (48:00) but
shall be considered after in-domicile pilots.
(viii) A pilot who removes a trip during a BLIP
transaction may not add that trip during the
associated TAS process immediately following
such BLIP process.
(c) A pilot on ALPA business will be allowed to exercise
the TAS provisions of this section in equalization
order for the purpose of ALPA Flight Pay Loss make-up.
(Not applicable to the three (3) members of the System
58
Section 9(F)(2)(c), cont.
Schedule Committee reimbursed by the Company under
Section 10(B)(5)).
(d) TAS is included in the pilot's schedule and treated as
a part of the pilot's regularly assigned monthly
schedule once the flight assignment is awarded.
(3) Volunteer Fly List (VFL)
(a) In addition to the TAS, the Company will maintain a
list of pilots (Volunteer Fly List or VFL) who have
notified the Company they are available to fly on days
they are not otherwise scheduled to fly. The VFL will
be available for all pilots to view via CAMS and home
access. VFL requests will be awarded in accordance
with equalization.
(b) Pilots on vacation or reserve pilots on days off who
become unavailable (i.e. illness) for scheduled
additional flying will be returned to their previous
scheduled activity.
(c) The Company will offer open flights to pilots on the
VFL in accordance with Section 9(H). Crew scheduling
shall only call a pilot for a VFL trip based upon
his/her requested preferences.
(d) Pilots may accept or reject the offered flight
assignment. Once accepted, the VFL trip will be
included in the pilot's schedule and treated as part
of the pilot's regularly assigned monthly schedule.
Pilots must be legal, qualified and available to
accept the entire assignment without causing a
conflict with a scheduled trip or causing a trip drop
due to illegality, training or reserve duty days
unless such conflict or trip drop is approved by Crew
Scheduling.
(e) VFL preferences shall not be honored if the award is
in conflict with required, pre-scheduled activity.
However, a VFL award shall be honored if the award
conflicts with a pilot's scheduled vacation or days
off.
VFL requests that impinge on a pilot's golden days
will be awarded and the pilot will forfeit those days
impinged upon.
A VFL transaction will be processed even if it causes
the pilot to exceed ALV.
(f) VFL requests for a domestic satellite pairing will be
awarded in accordance with the normal VFL procedures.
VFL shall not apply to international satellite
pairing(s).
(g) Out-of-domicile pilots may use the VFL to request out-
of-domicile flights but shall be considered after in-
domicile pilots.
59
Section 9(F)(4)
(4) Equalization: When two (2) or more pilots are requesting
additional flying for the same day, the pilot with the least
amount of additional flying pay hours in the current month
and immediately preceding two (2) bid months will be given
priority for the assignment. If the pilots requesting
additional flying have an equal amount of additional flying
pay hours, the senior pilot will be given priority for the
assignment.
(5) Activity Conflicts
Notwithstanding the provisions of (F)(2) and (F)(3), TAS and
VFL trip awards shall not be prohibited solely because the
requested TAS or VFL trip overlaps between a pilot's RGDs,
DOF or vacation days in the following circumstances,
provided such trip does not result in any conflicts or
illegalities with the pilot's scheduled activities,
including all required rest:
(a) A flight departs on a pilot's RGD and immediately
continues to the pilot's vacation or DOF and the
entire remainder of the flight assignment is contained
within the pilot's vacation period and/or DOF.
(b) A flight departs on a day of a pilot's vacation and
immediately continues to the pilot's RGD and/or DOF
and the entire remainder of the flight assignment is
contained within the pilot's RGD and/or DOF.
(c) A flight departs on a day of a pilot's DOF and
immediately continues to the pilot's vacation and/or
RGD and the entire flight remainder of the flight
assignment is contained within the pilot's vacation
and/or RGD.
(d) A pilot on RGD, DOF or vacation who has a contiguous
period of RGDs, DOFs or vacation may request a flight
that departs on such subsequent set of RGDs, DOF or
vacation provided the entire flight assignment is
contained within the pilot's RGD, DOF or vacation.
(G) Draft
(1) In the event it is necessary to provide protection for the
operation which cannot be provided by a pilot holding a
reserve schedule, the Company may draft the most junior
pilot in the category who is legal, qualified and available.
Any pilot so assigned shall receive premium pay in
accordance with Section 5(K) for each pay hour of such
assignment.
(2) Trip Protection for Draft Pilots
A pilot who has a trip removed at the instant the draft
occurs and as a direct result of the draft shall receive the
greater of draft pay for the trip flown or the scheduled pay
for the trip removed. The pilot shall be advised that the
trip protection comparison will occur after the completion
of the draft trip.
60
Section 9(H)
(H) Distribution of Open Time
Open time shall be distributed among pilots in accordance with the
provisions of Section 9 within the classes described above in the
following order:
(1) Green time: Open time that develops after the bids are
----------
awarded and after initial balancing is completed but prior
to forty-eight hours (48:00) of the scheduled departure of
the open flight. Green time is processed and awarded for bid
run pilots only, in the following order:
CLASS "A" balance list
CLASS "M" balance list
CLASS "B" balance list
BLIP
TAS
(2) Yellow time: Open time that is unassigned within forty-eight
------------
hours (48:00) of the scheduled departure of the open flight
but prior to six hours (6:00) of scheduled departure of the
open flight. Yellow time is processed and awarded for bid
run and non-bid run pilot's in the following order:
CLASS "A" balance list
CLASS "M" balance list
CLASS "B" balance list
BLIP
Option Time
TAS
VFL
Reserve Pilot, in order to comply with Section 12(B)(3) (not
counted against Option Time)
Draft
(3) Red time: Open time that remains unassigned within six hours
---------
(6:00) of the scheduled departure of the open flight. Red
time is processed and awarded for bid run and non-bid run
pilots in the following order:
CLASS "A" balance list
CLASS "M" balance list
CLASS "B" balance list
Reserve pilot, at Company option
VFL
61
Section 9(H)(3), cont.
Draft
A Class "A", "M" or "B" pilot may accept or reject
assignment to a Red Time flight, at his/her sole discretion.
(4) After an open flight is assigned to a pilot and accepted,
the flight shall be considered as part of the pilot's
regular schedule, subject to Section 9(D)(2)(d) and
12(C)(3).
(I) Trading of Flights
Mutual trading of flights between pilots holding a bid run
shall be permissible, subject to the following provisions:
(1) Each pilot must be legal to protect both the flight for
which the pilot has traded and the pilot's next scheduled
flight.
(2) Such mutual trade shall not create make-up guarantee.
(3) After a trade has been agreed upon and recorded, the flights
so traded shall be considered as the regular flights of the
respective pilots.
(J) OFR - Offering A Trip
(1) Bid run pilots may offer trips into open time (OFR). Until
the offered trip is selected by another pilot or Crew
Schedule, the offering pilot will remain responsible for the
trip. If a bid run pilot, a pilot on vacation, or a non-bid
run pilot during his/her days off selects the offered trip
from open time, the trip will be dropped from the offering
pilot's bid run and placed in the receiving pilot's JXCAP.
The removed trip may not be re-acquired by the offering
pilot. When an OFR trip is in Yellow Time, Crew Schedule may
take the offered trip, subject to Section 9(K)(5). If Crew
Schedule takes the trip, it will be removed from a pilot's
bid run as if it had been transferred to another pilot. Crew
Schedule may use the removed trip for balancing purposes or
may assign it to an available reserve pilot.
A selected trip must not conflict with any existing
assignments and all contractual legalities must be observed.
An OFR trip acquired by a reserve pilot must fall within
vacation, DOF, RGD, or any contiguous combination thereof,
including any reserve pilot required rest. A pilot on
vacation shall be restricted from selecting an OFR trip that
impinges on any holiday listed in Section 9(E)(2)(j). When
the trip is dropped, the projected pay and credit, and the
minimum guarantee of the offering pilot will be reduced by
the amount of the pay and credit hours of the dropped trip.
The projected pay and credit of a receiving bid run pilot
will be increased by the number of pay and credit hours of
the trip received. Pilots with less than one (1) year of
service shall have his/her pay reduced/increased in
accordance with the hourly rate of Section 4(B)(1)(b). The
guarantee of the reserve pilot will not be offset by the pay
and credit of the trip received.
62
Section 9(J)(2)
(2) If a bid run pilot has a trip that extends into a month in
which he/she is a reserve pilot, offers and subsequently has
a trip removed in accordance with 9(J)(1) above, the day(s)
on which the removed trip was to operate, in the reserve
month, shall become inviolate duty-free period(s) ("Platinum
Day(s)").
A pilot shall indicate to Crew Schedule, prior to the start
of the inviolate duty-free period(s) ("Platinum Day(s)"),
which of the period(s), if any, he/she prefers to waive and
become available for duty to the Company. Compensation for
such availability on the waived duty-free period(s) shall be
at Fixed Daily Rate.
(3) OFR is not subject to distribution on the basis of seniority
or equalization.
(K) Miscellaneous
(1) Upon return to domicile from a flight or other authorized
absence, a pilot shall okay his/her next schedule flight(s)
or next training schedule, or determine his/her position on
the reserve schedule.
(2) Flight time and credit shall be reported for pay assigned to
a bid run pilot concurrent with the reporting of flight time
and credit for the pilot who actually flew the trip, subject
to the provisions of Section 5(E).
(3) When a pilot is advised that there will be a delayed
departure after he/she reports to the field, the pilot will
remain with the flight for four hours (4:00) International
(two hours (2:00) Domestic) from report time; the pilot may
request relief, but will remain with the flight until the
relief has arrived at the field.
(4) When for any reason a pilot becomes illegal for a future
scheduled pairing, the Company will take no immediate action
to resolve the illegality provided the illegal pairing
departs more than seventy-two hours (72:00). The illegality
will be clearly flagged in JXCAP in a manner visible to the
pilot. The pilot may use the various provision of Section 9
to attempt to rearrange his/her schedule to eliminate the
illegality. If the pilot has not done so by seventy two
hours (72:00) prior to the illegal pairing's scheduled
departure, the Company may resolve the illegality in
accordance with normal scheduling procedures.
Notwithstanding the above, a pilot on an active pairing will
have his/her next pairing removed as a result of a projected
illegality, either FAR or contractual. However, upon
completion of his/her active pairing, the illegality will be
re-evaluated. If the pilot is now legal, such pilot will be
restored to his/her removed pairing.
(5) Option time: Open time and OFR time within forty-eight hours
-----------
(48:00) of departure at the company's option can be assigned
to a reserve using the provisions of Section 12(C), subject
to the following:
In any bid month no more than thirty-five percent (35%) of
the total reserve availability measured in hours can be
63
Section 9(K)(5), cont.
assigned to reserves using the option time provisions. This
bank of option time is computed for each category by
multiplying the actual number of reserve days available by
five hours (5:00), multiplied by thirty-five percent (35%).
E.g., if the reserve days available is two hundred fifty
(250), then the Option time for that category is 250 x 5.0 x
35% = 437.5 hours available for the Company to assign at its
sole discretion to reserves within forty-eight hours (48:00)
of open flight departure.
Option time assignments in the first fifteen (15) days of
each bid month will not be available to the company when
more than fifty percent (50%) of total monthly option time
has been assigned.
Once option time is exhausted, all open trips will be
assigned subject to the provisions of Section 9(H).
(6) A pilot will not be scheduled to exceed one hundred (100)
actual block hours in a calendar month in accordance with
FAR's.
A pilot will not be scheduled to exceed one thousand (1000)
actual block hours in a rolling twelve (12) month period. To
ensure that pilots are not limited from flying a normal
schedule (an average of seventy-five hours (75:00)) in
future months, a rolling twelve (12) month calculation will
be done for each twelve (12) month period extending from the
current month plus eleven (11) prior months through the
current month plus eleven (11) future months. The most
restrictive of the twelve (12) rolling totals will be used
to limit current flying if necessary.
Actual block hours will be used for all prior months. Actual
or projected block hours will be used for the current and
next month when specific flight assignments are known, and
seventy-five block hours (75:00) will be assumed for all
future months containing no flight assignments, except that
scheduled vacations will be taken into account pro-rata.
64
SECTION 10
SCHEDULING OF PILOTS
(A) General
(1) Consistent with the concepts of participative management, it
is the intent and purpose of this Section to provide for
pilot participation in the development of pilot scheduling
policies and procedures that will promote the most efficient
and economical operation of flights, the best possible
pairing or grouping of flights into bid runs by observing
and, to the extent possible, honoring the collective
preferences of the pilots, the most equitable assignment of
flying time to domiciles, the most reasonable degree of
stability of bids at each domicile, and the intent that
Section 11(B) operate so as to effect favorable working
conditions. Consistent with the above, the general concept
of seniority will be given appropriate recognition. The
assignment of time to domiciles and the pairing or grouping
of runs to effect the purpose of Section 11(B) will not be
done in such a manner as to effect a general deterioration
of working conditions and domicile stability. The Company
and the pilot representatives will consult with regard to
the above as outlined herein, the Company retaining the
right to determine the geographical location of domiciles,
the assignment of flight time to domiciles, and the pairing
or grouping of flights for purposes of bid runs.
(2) The Company may assign both Domestic and International
flights to pilot domiciles. At such combined
Domestic/International domiciles the following shall apply:
(a) In the event that unanticipated problems arise in
connection with the operation of combined domiciles,
representatives of the Company and the Association
will meet at the request of either party to resolve
such problems.
(b) The Company may mix international and domestic flights
within bid runs and within trip pairings when
economically and operationally beneficial.
(c) A pilot may bid domestic and/or international pairings
in the monthly preferential bid system and shall be
awarded such, seniority and qualifications permitting.
If such pilot's seniority enables the pilot to hold an
international bid run pairing(s) or reserve schedule,
the pilot shall be compensated in accordance with
paragraphs 10(A)(2)(d) and (e) below if the pilot is
not qualified for international thirty (30) days after
such bid award.
A bid run pilot who was previously internationally
qualified on the status and equipment of the
international flight pairing(s) so awarded shall be
qualified or pay protected for such pairing(s).
(d) A pilot who holds a reserve schedule which protects an
international operation or combined domestic and
international operation in a 757/767 category shall
receive the international guarantee.
65
Section 10(A)(2)(d), cont.
A pilot who bids and is awarded a reserve schedule
protecting a narrowbody category shall receive the
international guarantee when one or more international
flights are performed. Such narrowbody international
guarantee shall be compared to actual services
performed and the pilot shall be paid based upon the
greater amount.
(e) Once awarded a bid run or supplemental bid run
containing a majority of flight credit hours on an
operation, the pilot will be considered a bid holder
on that operation. If no majority is present, the
pilot shall be considered to be on the International
Operation.
(f) A pilot may volunteer for or voluntarily balance on a
trip from one operation to the other within the month,
qualifications permitting. A pilot shall be balanced
on the operation he/she is flying, except that a pilot
who is projected below guarantee may be involuntarily
balanced on the other operation if no other balance
trip is available on his/her operation. (Such balance
shall not result in proration of the pilot's
guarantee.) All such flying shall be paid at the rate
of the operation actually flown. The Company will
provide the appropriate manuals when required.
(g) A pilot whose pairing originates with a deadhead to
protect a flight, and such deadhead flight cancels,
shall be re-protected on the next Company flight
provided:
(i) the flight the pilot is positioning for is
unprotected; and
(ii) the pilot will arrive at the station of the
flight to be protected prior to the scheduled
departure time of the flight being protected.
This paragraph (g) shall also apply to equipment
substitutions of Section 10(D).
(B) System Scheduling Committee (SSC)
(1) A SSC shall be established in accordance with the following
provisions. A Basic SSC, composed of a maximum of three (3)
members, as determined by the Association, shall be
designated to meet for ten (10) months of the year. In
addition, a total SSC, composed of a maximum of seven (7)
members (representative(s) from each domicile and a
chairman) shall meet on a semi-annual basis; March and
September.
(a) The SSC shall meet to consult with the Company
concerning all pilot scheduling problems of the entire
system not covered by the Scheduling Policies. In
addition, the SSC shall consult with the Managing
Director, Flight Operations as to the allocation of
flying time to the various domiciles, the pairing or
grouping of flights into bid runs, the stabilization
66
Section 10(B)(1)(a), cont.
of bids at each domicile, domicile staffing and the
PBS level of preference denials.
(b) The SSC may request changes to the pairings and flight
time allocation to the domicile(s), and the Company
may allow such changes; provided, however, that such
action by the Company will not alter the Company's
right as provided in (A)(1) of this Section.
(c) To the extent possible, the Company shall honor the
requests from the SSC for approximate percentages of
pairing lengths offered for bid (i.e. one (1) day, two
(2) day, three (3) day, etc.). The intent is to
provide pairings for bid proportionate to the request
of the SSC; provided however, that such action by the
Company will not alter the Company's right as provided
in Section 10(A)(1) above.
(d) The preferential bidding system may only be
modified/upgraded by mutual consent of the Association
and the Company. Any modifications or changes
including: program upgrades, templates, line
construction parameters (e.g., CBA/FAR pad, stacking
factor, unawarded time allowances, and operation
buffer factors) shall be by mutual agreement. Further,
the Company and the Association will upon the request
of either party meet to consult, review and agree on
system hardware and software improvements which will
promote the most efficient and economical operation of
the pilot monthly preferential bid system.
(2) All changes or amendments to the System Scheduling Policy
shall be mutually agreed to by the Pilots' Negotiating
Committee and the Managing Director, Flight Operations;
however, the Managing Director, Flight Operations may make
temporary changes in the System Scheduling Policy when such
changes are necessary to continue efficient operation of
flights. In such event, the Managing Director, Flight
Operations shall, without delay, consult the Negotiating
Committee for the purpose of resolving a mutually approved
amendment to cover the problems which required the temporary
changes. For the purposes of this paragraph, the System
Scheduling Policy shall contain the definition of pilot
scheduling terms, the Federal Aviation Regulations
interpretations, and the procedures to be followed during
irregular operations not covered by Domicile Scheduling,
paragraph (C) of this Section.
(3) When any of the provisions of the System Scheduling Policy
or procedures are in conflict with any of the provisions of
the Working Agreement, the Working Agreement shall govern.
(4) The Company will notify the SSC whenever a change is planned
in flight schedules which would result in an increase or
decrease in bid requirements at a domicile. The Company will
provide the SSC with a copy of the planned pairings for the
future month no later than three (3) days prior to the
opening of bids. Flight time allocation and re-pairing of
flights as provided in (B)(1) above shall be accomplished in
accordance with the provisions of this paragraph (4).
67
Section 10(B)(5)
(5) Pilot members of the SSC (i.e. both the basic and total
committees as provided in Section 10(B)(1) above) shall be
entitled to expenses as provided in Section 7(A)(1), and
shall be entitled to reimbursement for flight pay loss
incurred while attending meetings convened by the Company
for the purpose provided in Section 10(B)(1) above. In
addition, the chairman of the SSC shall be entitled to
expenses if he/she attends the Basic SSC meetings. Such
reimbursement shall be computed by the same method as is
currently used in determining flight pay loss for other
pilots who are off schedule on ALPA business.
(6) For the purpose of monitoring the bid awards process and
consulting with the Company concerning problems associated
with the process, flight time loss and expenses will be
provided for two (2) members for two (2) months following
full implementation of preferential bidding. Thereafter,
flight time loss and expenses will be for one (1) member up
to three (3) times annually. Such reimbursement shall be
computed by the same method as is currently used in
determining flight pay loss for other pilots who are off
schedule on ALPA business.
In addition, the Managing Director-Crew Resources and
Administration or his/her designee and one (1) pilot member
of the SSC shall meet to review the line construction
parameters for the new bid month. Such flight time loss and
expenses will be at the Association's expense. The Managing
Director-Crew Resources and Administration and the chairman
of the SSC shall schedule such review meeting at the SSC
meeting preceding the bid award process.
(7) The Company may construct as many bid runs as it deems
necessary to efficiently operate the airline.
(a) "Monthly Flying Time" means the sum of total daily
flying time in each category multiplied by the number
of days in the calendar month and from the resulting
figure shall be subtracted the total inoperative time
of those flights that do not operate each day of the
month. To this resulting figure will be added all time
scheduled to be credited under the provisions of
Section 11 (i.e. flight time credit under 11(B),
flight pay assignment, vacation time, sick pay,
training credit, deadhead credit, call out pay,
equipment substitution protection credit, jury duty
credit), charter and ferry flights.
(b) "Target" (TGT) means the amount of hours determined by
dividing all monthly flying time for the bid period
for each category by the number of bid run pilots
available for the bid period by each category. All bid
runs shall be constructed within a range of TGT of at
least plus or minus (+/-) four hours (4:00) and no
more than plus or minus (+/-) five hours, (5:00)
provided further that the minimum bid run shall be
seventy-two hours (72:00) and the maximum bid run
shall be eighty-five hours (85:00).
68
Section 10(B)(7)(b), cont.
The Company shall calculate TGT, as stated above,
separately for each category.
The allocation of monthly flying time for each
equipment type and the number of estimated reserve
pilots in each category shall be determined at the
sole discretion of the Company. Each month may be
planned and flown with a different monthly TGT from
seventy-six hours (76:00) to eighty-one hours (81:00),
or any fractional part thereof. All bid runs shall be
constructed within a range of TGT for each status and
equipment at each domicile. All monthly flying time
shall be considered in determining TGT.
Additional flying and OFR trip pay and credit
extending from the previous month into the bid month
shall not be considered during the bid award process,
however if such time, when added to the TGT plus range
exceeds FAR limits minus FAR pad factor, that portion
of such time which exceeds FAR limits minus FAR pad
shall be considered in the bid award process.
Target/High Bid Run Exception. The Company may, at its
-----------------------------
discretion, set the Target up to a maximum of eighty-
four hours (84:00) and allow bid runs to be created up
to a maximum of eighty-eight hours (88:00) for three
(3) bid months (not including December) each calendar
year ("Exception"). This Exception may be applied on a
category by category basis. When the Company elects to
utilize this Exception for a category or categories,
all of the other provisions of this Section 10(B)(7)
shall continue to apply.
(c) "Fixed Daily Rate" (FDR) means the number of hours of
pay and credit fixed at a value of two hours thirty
minutes (2:30) (i.e. 75 Hr./30 Days). For bid run
construction purposes, all activities whose credit
depends on a daily rate shall be valued using the FDR.
(d) "Average Line Value" (ALV) means the total credit of
all awarded bid runs, excluding supplemental bid runs,
by category divided by the number of bid runs,
excluding supplemental bid runs, by category. For the
purposes of this paragraph, "total credit" includes
additional flying and OFR trip credit extending from
the previous month into the bid month.
(e) Estimated Reserve Count as published in the bid
package is the forecast number of reserve schedule
holders. During bid processing the actual reserve
count may vary from the Estimated Reserve Count.
(8) The SSC shall receive and review the Company's annual flying
plan (updated quarterly), and vacancy projection, monthly
report on staffing and the calculation of the next month's
target. In addition, the Company shall produce other
information pursuant to a reasonable request by the ALPA
Schedule Chairman at least twenty-one (21) days in advance
of the meeting in the form requested.
69
Section 10(B)(8), cont.
Once the target has been received and reviewed by the SSC,
it may not be changed except by mutual agreement of the
Association and the Company. No change will result in the
reduction of the target and no change will be considered
except in unusual circumstances that could not be reasonably
anticipated.
Every effort will be made to notify the pilots in the
categories whose target(s) have changed and the bids will
remain open for a minimum of seven (7) days following the
effective date of the change. Any time parameters (e.g.,
GDO, RGD and balancing) associated with the original bid
closing dates will be extended consistent with the revised
closing date.
(9) The Company shall maintain a reserve staffing complement
sufficient to perform all reserve duties, to assure that
pilots holding a bid run will fly in accordance with the
established scheduled policies, and seniority is observed in
the bid award process.
The Company may award as many reserve schedules as deemed
necessary in each category to protect the operation.
(C) Domicile Scheduling
(1) A Domicile Scheduling Committee shall be established at each
domicile to consult with the local Regional Chief Pilot
concerning all problems of pilot scheduling that are of
concern only to that domicile.
(a) All changes or amendments to the Domestic,
International or combined Domicile Scheduling Policies
as contained in Section 9 shall be mutually agreed to;
however, the Managing Director, Flight Operations may
make temporary changes in such Scheduling Policies
when such changes are required to continue efficient
operation of flights. In such an event, the Managing
Director, Flight Operations, shall without delay,
consult the Negotiating Committee for the purpose of
resolving a mutually approved amendment to cover the
problems which required the changes. For the purpose
of this paragraph, the Domestic, International and
combined Domicile Scheduling Policies will be limited
to those matters and procedures relating to orderly
methods for scheduling pilot personnel which are not
covered in the working agreement.
(b) For each category at each domicile, bid pairings shall
be posted, bid and awarded in accordance with Section
9(A), 9(B), 9(C), 10(A), 10(B), and 10(C) and the
appropriate Schedule Policy. Whenever such policy
provides for "supplemental bid runs", these shall be
construed to be bid runs. Reserve Schedule holders
will be placed in a domicile/equipment reserve
complement and may be utilized on either operation,
qualifications permitting.
(c) Concurrently with posting and bidding of bid pairings,
as provided in Sections 9 and 10, reserve schedules
70
Section 10(C)(1)(c), cont.
shall be posted and bid. A pilot may bid and be
assigned a bid run or a reserve schedule in his/her
category in accordance with seniority.
(d) Pilot statuses for the purpose of this provision are
Captain, First Officer, and Flight Engineer. Each
pilot in each such category who does not hold a bid
run shall hold a reserve schedule.
(e) Pilots may bid reserve conditional upon being or not
being able to be awarded a bid run or reserve schedule
by such bid preference attributes as: days
working/not-working; top down position on the reserve
list as determined by pilots already awarded reserve;
and any of the conditional attributes in the
Preferential Bidding System.
(f) Bid Pilot Duty-Free Periods ("Golden Days")
(i) A bid run pilot may designate as inviolate up to
three (3) periods of up to forty-eight hours
(48:00) each. These periods must be selected
from the duty free periods contained in the
pilot's awarded or assigned bid run, and may be
selected by such pilot any time prior to the
first BLIP process for the new month. During
such inviolate duty free periods a bid pilot
shall not be required to perform any line flight
duty with the Company which includes report
and/or release time, except that he/she may be
required by the Company to complete a flight
assignment which has become non-routine.
(ii) In the event completion of the flight
assignment encroaches on the designated duty
free days, the pilot may designate another duty
free period to replace the one encroached upon.
If unable to re-designate another duty free
period in the current month because of any
scheduled training, vacation, etc., such re-
designation may be made in the following month.
(iii) A pilot may not be scheduled for CQT, or a
proficiency check, during his/her designated
inviolate duty free periods but may be scheduled
for more lengthy forms of training.
(iv) The pilot may not designate an inviolate period
which includes one of the holidays listed in
Section 9(E)(2)(j).
(v) With Company concurrence the pilot may designate
up to three (3) consecutive forty-eight hour
(48:00) periods as inviolate.
(vi) Notwithstanding paragraph 10(C)(1)(f)(i) above,
the Company may balance a pilot in accordance
with Section 9(D)(1) if golden days have not
been designated.
71
Section 10(C)(1)(g)
(g) "Training Golden Days" (TGD). Pilots may indicate sets
of forty-eight hour (48:00) TGD preferences equal to
the amount in Section 10(C)(1)(f)(i) beginning on the
first day of the month prior to the bid month. To the
extent possible, such TGDs shall be observed in
seniority order when pre-scheduling available
recurrent training (e.g., CQT or its equivalent).
Input of TGD's shall close twenty-four hours (24:00)
prior to the opening of bids.
(h) A pilot shall be paid and credited for all flight time
pay and credit in the month so earned, subject to
Section 11(B).
(2) Domestic Scheduling Rules
(a) The original monthly projection for pilots holding a
bid run shall not exceed the range of target as
provided in Section 10(B)(7)(b).
(b) In the event a pilot's projected flight time credit
for the month is less than the applicable hours of the
pilot's guarantee, the Company may balance such pilot
at any time during the month subject to the
application of Section 9(D).
(c) If any trip commences (report time) in one (1)
calendar month and ends in the following calendar
month, all of a pilot's calculable flight time pay and
credit earned for the trip shall be paid and credited
in the month earned, subject to Section 11(B).
(d) The Company may schedule a pilot holding a reserve
schedule to complete his/her last trip of the month,
if at the time of leaving his/her domicile, the
scheduled block to block flight time to be flown on
the trip prior to the end of the month will not, when
added to his/her already accumulated credited hours,
total more than his/her monthly bid award ALV.
Additional flying shall be disregarded in making this
calculation.
(3) International Scheduling Rules
(a) The original monthly projection for pilots holding a
bid run may not be constructed to exceed the range of
target as provided in Section 10(B)(7)(b) except the
range of Target may be exceeded if the projection
consists of a single flight assignment. Single flight
assignment means a flight or series of flights
scheduled to depart from the pilot's domicile and
return to the pilot's domicile. It is the intent that
the exception set forth in this paragraph will be used
only where necessary for efficient scheduling.
When pilots are scheduled to exceed the monthly bid
award ALV on a single flight assignment, all credit
hours scheduled in excess of that ALV shall be paid
and credited at the rate of 1.5 hours for each such
hour, prorated.
72
Section 10(C)(3)(b)
(b) The Company may schedule a pilot holding a reserve
schedule to complete his/her last trip of the month,
if at the time of leaving his/her domicile, the
scheduled block-to-block flight time to be flown on
the trip prior to the end of the month will not, when
added to his/her already accumulated block-to-block
hours, total more than his/her monthly bid award ALV.
However, in no event shall such reserve schedule
holder be scheduled out of his/her domicile for flight
duty if he/she has accumulated credited hours equal to
or in excess of his/her monthly bid award ALV.
Additional Flying shall be disregarded in making this
calculation.
(c) If the scheduling of pilots under paragraph (b) above,
results in scheduled hours in excess of the monthly
bid award ALV within a month, all credit hours
scheduled in excess of such ALV shall be paid and
credited at the rate of 1.5 hours for each such hour,
prorated in the month earned.
(d) In the event a pilot's projected flight time credit
for the month is less than the applicable hours of the
pilot's guarantee, the Company may balance such pilot
at any time during the month subject to the
application of Section 9(H).
(e) If any trip commences (report time) in one (1)
calendar month and ends in the following calendar
month, all of a pilot's calculable flight time pay and
credit for the trip shall be paid and credited in the
month earned, subject to Section 11(B).
(D) Equipment Substitution
(1) In the event that a different type of equipment should be
substituted on any scheduled flight assignment, or segment
thereof, of a pilot holding a bid run at the pilot's
domicile on origination, (including a satellite/pilot base),
the pilot may be required to deadhead into position to
protect any segment of the pilot's flight assignment.
In the event an equipment substitution occurs on a segment
to which a pilot is positioning to protect, the pilot shall
receive pay and credit for the scheduled time of such
equipment substituted flight segment, or the flight and duty
time rigs in Section 11, whichever is greater.
A pilot who is scheduled to deadhead on that flight that
he/she is being pay protected due to an equipment
substitution to protect his/her next segment, and such
deadhead flight cancels, such pilot will be re-protected on
the next flight providing that particular flight will allow
the pilot to arrive at the station of the flight to be
protected prior to the scheduled departure time of the
flight being protected.
The pilot shall receive pay and credit for the scheduled
time of such original flight assignment, or the flight and
duty time rigs in Section 11, whichever is greater.
73
Section 10(D)(2)
(2) Should an equipment substitution occur as in paragraph (1)
above on a flight or segment thereof, of a non bid run
holder that was scheduled as additional flying or OFR and
the non bid run holder is released, he/she will receive call
out pay/credit only, as defined in Section 5(G). Such
pay/credit will not be offset against the non bid run holder
guarantee. If the non bid run holder is required to deadhead
into position to protect any segment of the flight
assignment, he/she will receive pay and credit for the
scheduled time of such original flight assignment, or the
flight and duty time provisions in Section 11, whichever is
greater. Such pay and credit will not be offset against the
non bid run holder guarantee.
(3) Should an equipment substitution occur at other than the
pilot's domicile, as described in (1) and (2) above, or
while transiting the pilot's domicile, the pilot, or non bid
run holder on additional flying or OFR, shall be scheduled
as an extra crew member in accordance with Section 5 of the
FOPM (System Schedule Policy). Such pilot shall be paid and
credited for the scheduled pay and credit in his/her
original flight assignment or for what he/she actually
flies, whichever is greater. Such pay and credit will not be
offset against the non bid run holder guarantee.
(E) Pairing Restoration
Notwithstanding the provisions of Sections 9(D), 9(E), 9(F) and
9(H), the Company will restore crews affected by cancellation
prior to report at domicile and/or release at domicile, due to
non-routine operations, to the remaining unprotected legs of their
original pairing. Restoration of crews to the re-paired remainder
of their original pairing in the event of a cancellation, as set
forth above, will be subject to the Company's discretion in the
event an emergency is declared by the Company. When the Company
does not restore crews to their pairing(s), as set forth above,
due to an emergency, the Company shall notify the System Schedule
Committee in writing within ten (10) days after the emergency of
the reasons supporting the Company's actions. For the purpose of
this provision an "emergency" is defined as any event, including a
meteorological condition, that disrupts more than seven percent
(7%) of the total daily system flight segments.
(F) Bank
(1) The Company shall establish a "positive/negative bank" for
each pilot with over one (1) year of service as a flight
deck crew member. The bank balance will be limited to no
more than fifty hours (50:00) positive and ten hours (10:00)
negative.
(2) Pay hours accrued in excess of the monthly ALV shall be
eligible for deposit in the bank, subject to the bank limit.
(3) A bid run pilot who completes a month with less than ALV may
elect to borrow or withdraw from his/her bank an amount
necessary to bring his/her pay hours up to ALV, subject to
the bank limit.
(4) Pilots may withdraw any positive balance without regard to
ALV.
74
Section 10(F)(5)
(5) A pilot shall notify the Company of his/her election to
deposit, withdraw or borrow pay hours for a designated
month, specifying the number of hours to be deposited or
borrowed. Such notification must occur no later than five
(5) days after the end of the designated month.
(6) A pilot with sufficient bank hours above his/her guarantee
equal to or greater than the time of an OFR trip drop may
charge the OFR to his "bank" as a withdrawal and without
adjustment to monthly guarantee or ALV.
(7) The hourly rate of pay used to compute the dollar amount to
be deposited, withdrawn or borrowed will be the pilot's
guarantee rate for the designated month. Deposit amounts
will be debited to the designated month and credited to the
following month. Borrowed or withdrawn amounts will be
credited to the designated month and debited to the
following month. Credited amounts will not offset a pilot's
guarantee.
(8) When a pilot ceases employment with the Company, any
positive bank balance will be added to the pilot's final
paycheck; any negative balance will be deducted from the
pilot's final paycheck.
(G) Satellite Scheduling
(1) The following are approved satellites and may be associated
for any given month with any present domicile (i.e., JFK,
LAX, STL, SFO):
Satellites
----------------------------------------------------
BOS LAS DFW
EWR SFO DEN
IAD RFD TPA
PHL ONT BUR
SAN LGB OAK
PHX SJC MIA/FLL
The above list may be amended by mutual agreement between
the Association and the Company.
Ninety (90) days prior to any domiciles closing, the Company
will meet with the Association to discuss the inclusion of
the closed domicile under the provisions of this Agreement
for the purpose of minimizing disruption to the pilots
involved. All pilots at a domicile that is closed shall be
allowed an unrestricted displacement option to any domicile.
(2) In addition to the satellites provided in paragraph (1)
above, any present domicile may be a satellite of another
domicile for equipment not flown by the domicile/satellite
as of December 8, 1985.
75
Section 10(G)(3)
(3) It is not the intent of this Section 10(G) to dilute
seniority at a present domicile. Any non-stop flight of four
hours (4:00) or more between any satellite and a present
domicile or between two present domiciles shall be flown by
a domicile in accordance with normal flight time allocation
rules. Exceptions may be approved by the System Schedule
Committee.
(4) Satellite pairings operating out of the satellite airport
shall be identified by a separate code and posted for bid in
domicile bid packages. Unawarded pairings that originate and
terminate at a satellite shall be placed into open time and
awarded in accordance with pilot open time preferences. If
sufficient open time is known to exist at a satellite, open
time may be advertised at the satellite.
(5) Satellite pairings shall be awarded to pilots bidding such
pairings either by specific pairing, satellite or generic
satellite preferences in accordance with Section 9(B) and
may be awarded to pilots who have not indicated a preference
to avoid satellite pairings. However, pilots who have
indicated a preference to avoid satellite pairings may be
involuntarily assigned to such pairings and will be handled
in accordance with paragraph (8) below.
In addition to legal rest, a no-activity buffer "satellite
pad" shall be scheduled between any domicile and satellite
pairing and any two pairings of different satellites. Back-
to-back same-satellite pairings shall not have any satellite
pad between those pairings.
These satellite pads shall be mutually agreed between the
Company and the Association.
(6) Pilots awarded satellite pairings shall report directly to
the satellite one hour (1:00) prior to the scheduled
departure time of the satellite flight assignment. A pilot
whose bid award contains a majority of satellite pairings at
one location shall, upon request, be provided a mailbox and
suitable free parking at that satellite. A pilot whose bid
award contains any satellite pairing(s) may contact his/her
Regional Chief Pilot to obtain a parking pass and/or for
instructions on parking arrangements at that satellite which
will be subject to reimbursement. All duty limitations, trip
credit, duty credit and expenses for flights originating and
terminating at the satellite shall be based on satellite
report and release times for pilots awarded satellite
pairings.
(7) Reserve coverage of satellite flights shall be provided by
the domicile reserves, except that the Company may advertise
and award satellite reserve schedules to pilots that bid
such reserve schedules if the operation warrants. The
proportion of satellite reserve schedules to domicile
reserve schedules shall be determined by the Company. For a
pilot awarded a satellite reserve schedule, the roles of the
domiciles and the satellite shall be reversed for the
purpose of the provisions of this Section 10(G).
(8) Domicile reserves, domicile drafted pilots, and domicile
pilots involuntarily balanced on or involuntarily assigned
76
Section 10(G)(8), cont.
to open satellite flights shall be provided Class B
transportation (or positive off-line transportation if
appropriate) from the domicile to the satellite if
requested. For all pilots assigned satellite flights under
this paragraph, expenses, trip credit and duty credit
provided in Section 11 of the Working Agreement shall be
based on domicile report and release times. Duty limitations
will be the same as the rescheduled maximums in the Diurnal
Table in Section 11(C) of the Working Agreement for the
originating and terminating duty periods of such flight
assignment. A pilot may elect to report directly to the
satellite under this paragraph and will then have his/her
duty limitations and expenses based on the satellite report
and release times. A pilot so reporting shall be provided
Class B transportation if requested. In addition, for the
co-terminal satellite the pilot shall be provided
transportation from the domicile to the satellite. If a
pilot elects to provide his/her own transportation to the
co-terminal satellite, he/she shall receive an expense
allowance of twenty dollars ($20.00) for each such flight
assignment in addition to the expense of long term parking
at the co-terminal satellite, payment of which shall be made
pursuant to the pilot submission of Form G118.
77
SECTION 11
HOURS OF SERVICE
(A) General
(1) A pilot shall devote his/her entire professional flying
service to the Company unless granted a specific exception
by his/her Regional Chief Pilot which shall not be
arbitrarily withheld. To apply for such an exception to
engage in outside aviation employment, the pilot shall
submit a request in writing to his/her Regional Chief Pilot
which shall include:
The name, address and phone number of the outside
employer.
The nature of such employment.
The expected duration of such employment.
A written statement from both the pilot and the
outside employer that such employment shall not
conflict with the pilot's duties and flight time
limitations as a TWA pilot.
Notwithstanding the foregoing, nothing in this Agreement
shall be construed to prevent any pilot from affiliating
with the military services of the United States.
(2) Reasonable effort shall be made to schedule a pilot who
holds a bid run as the result of his/her domicile bid
preference in a manner which will, as nearly as possible,
use all the pilot's allowable monthly hours as provided in
(5) below.
(3) The provisions of this Section are not intended to determine
the number of pilots at a domicile but are intended to apply
after operation of the provisions of Section 10.
(4) No pilot shall be required to keep the Company advised of
his/her whereabouts on the pilot's days off. However, if a
pilot is subject to a Class A balance for any reason, he/she
shall indicate where he/she may be contacted until the Class
A balance is satisfied.
(5) A pilot shall not be scheduled by the Company to exceed
his/her monthly bid award ALV as provided in (7) below
except as provided in Sections 9 and 10 of this Agreement.
(6) If, as a result of a pilot being in training during the
latter portion of a calendar month, he/she accumulates
flight time credit sufficient to exceed his/her maximum
allowable monthly limitations, such excess shall be paid and
credited in the month earned.
(7) For purposes of this provision, and (5) above, credited
flight time shall consist only of:
(a) Flight time credit as provided in Section 11(B).
(b) Flight pay assignment as specified in Section
5(E).
78
Section 11(A)(7), cont.
(c) Vacation time as specified in Section 14(C).
(d) Sick pay time as specified in Section 15.
(e) Training credit time as specified in Sections 4(D) and
6(A)(4).
(f) Call-out pay as specified in Section 5(G).
(g) Equipment substitution protection credit as specified
in Section 10(D), as appropriate.
(h) Jury Duty as specified in Section 5(F).
(B) Minimum Credit
(1) When a pilot returns to his/her domicile from a trip, the
pilot will be credited with flight time credit as determined
in the following manner:
(a) The credit for each leg of the trip will be the
greater of actual block-to-block or scheduled block-
to-block time on each leg.
(b) Additional credit resulting from the application of
the provisions of (A)(7) of this Section will be added
to the greater of the actual block-to-block or
scheduled block-to-block time on each leg.
(c) The amounts computed in (a) and (b) above for each on-
duty period shall be totaled and the result compared
with the total averaged credit amount earned under
2(d) below, and the pilot shall be credited with the
greater.
(d) The amount computed in (c) above for each on-duty
period on the trip shall be totaled and the result
compared with the credit earned under (3)(b) below and
the pilot shall be credited for purposes of (A)(5) of
this section with the greater.
(2) Duty Time
(a) "On-Duty Period," for the purposes of this Section
11(B)(2) only, means all the time which passes from
the time a pilot is required to report, or actually
reports, whichever is later for a flight assignment
and shall continue until fifteen minutes (0:15) after
block-in time for Domestic and one hour (1:00) after
block-in time for International at the conclusion of
the flight assignment. If a pilot commences or
completes an on-duty period by deadheading as provided
in (2)(b) below, the on-duty period shall begin at the
block-out or end at the block-in time of the flight.
A pilots "On-Duty Period" shall run continuously until
broken by one of the following:
(i) A scheduled or actual layover period of not less
than nine hours and fifteen minutes (9:15)
(block-in to block-out), or
79
Section 11(B)(2)(a), cont.
(ii) For domestic operations, at other than the
pilot's scheduled layover station, an actual FAR
legal rest period (but not less than nine hours
and fifteen minutes (9:15) block-in to block-
out), or
(iii) Release to return to domicile.
(b) All time spent in deadheading, which has been pre-
scheduled in a flight pattern, will be included in a
pilot's on-duty period. All other time spent
deadheading will be included in a pilot's on-duty
period, except this shall not apply to deadheading to
or from a pilot's domicile unless deadheading pursuant
to paragraph 23 of Letter VI.
(c) When a pilot deadheads at Company request from
domicile to protect a flight at another station, the
pilot shall be deemed to be on duty for purposes of
this Section 11(B)(2), upon arrival at that station,
unless he/she is immediately released for a period of
two hours (2:00) rest for each one hour (1:00) of
deadheading with a maximum of ten hours (10:00) block-
in to block-out.
(d) A pilot who operates a flight or flights during an on-
duty period as provided in (2)(a) above, shall receive
flight time credit of:
(i) one hour (1:00) for each two hours (2:00) of
such on-duty time (prorated) between the hours
of 0600-2159 local departure, or any portion
thereof, or
(ii) one hour (1:00) for each one hour forty-five
(1:45) minutes of such on-duty time (prorated)
between the hours of 2200-0559 local departure,
or any portion thereof,
with a minimum of five hours (5:00) for a single duty
period flight assignment or during: 1998 an average of
four hours forty minutes (4:40), 1999 an average of
four hours fifty minutes (4:50), and 2000 an average
of five hours (5:00) per duty period for flights
containing more than one (1) duty period. The total
duty credit for the entire pairing shall be compared
to the total services performed on the pairing and the
pilot shall receive the greater.
(e) Credit due under (d) above shall be computed as an
extension of the final portion of the last leg flown
as an operating crew member at the completion of
his/her "on-duty" period.
(3) Time Away From Domicile
(a) For the purposes of this Section, "Trip Hours" means
all the time which passes from the time a pilot is
required to report, or actually reports, whichever is
later, at the airport of such pilot's domicile prior
80
Section 11(B)(3)(a), cont.
to proposed flight departure, until fifteen minutes
(0:15) after block-in time for Domestic and one hour
(1:00) after block-in time for International, after
arrival at the pilot's domicile for a legal rest, free
from all duty with the Company. If a pilot departs
his/her domicile as a deadheading crew member for the
purpose of protecting a flight, trip hours shall
commence at the block-out time of the flight; if a
pilot arrives at domicile as a deadheading crew
member, trip hours shall be considered to end at the
block-in time for the flight. When surface
transportation is involved between the airports listed
in Section 8(C), the appropriate tabulated travel time
will be included in a pilot's trip hours.
(b) For each trip, a pilot shall receive a minimum flight
time credit of one hour (1:00) for each four hours
(4:00) through 1998. Beginning January 1, 1999, one
hour (1:00) for each three hours forty-five minutes
(3:45) and, beginning July 1, 1999 and thereafter, one
hour (1:00) for each three hours thirty minutes (3:30)
trip hours as defined in (a) above, prorated.
(c) Credit due under (b) above shall be computed as an
extension of the final portion of the last leg flown
as an operating crew member.
(d) The provisions of Section 11(B)(2) and (3) above shall
not apply to the following:
(i) Flights local in nature.
(ii) While assigned to duty within the scope of
Section 5(I).
(iii) Flights in which a landing has not been made at
an airport other than the airport of takeoff
except when the flight returns to the airport of
takeoff due to an emergency as defined by
Chapter 9 of the FOPM.
(iv) Excess trip hours resulting from the pilot's
request to deadhead on flights other than those
offered by the Company.
(4) If a strike, work stoppage, picketing by other
employee groups, or personal reasons, results in
additional trip hours for a pilot, such additional
trip hours shall not be included in the computation
outlined in this Section 11.
(5) A pilot who, in the course of his/her duties for the
Company, is held hostage, is interned, is held
captive, or is missing as a result of hostile action
by any person, group of persons, or foreign
government, shall receive flight pay and credit under
(B)(3) above for a period of three hundred forty hours
(340:00) beginning at the block-out time of the flight
segment on which the hostile action occurred, unless
the pilot is released prior to the expiration of three
hundred forty hours (340:00). At the expiration of
such period, the pilot shall come under the provisions
of Section 27.
81
Section 11(C)(2)
(C) Flight Time/Duty Time Limitations - Domestic Operations
(1) A pilot may not be scheduled to exceed eight hours (8:00)
duty aloft between required rest periods.
(2) Pilots shall be scheduled for block-in to block-out rest
plus report and release, as shown in the following chart
based on their scheduled duty aloft within any twenty-four
consecutive hours (24:00).
-----------------------------------------------------------------------------------------------------------------------
Start Here Column A Column B Column C Column D
-----------------------------------------------------------------------------------------------------------------------
Amt. of Duty Normal Scheduled Actual Rest If Scheduled or
Aloft Minimum Rest May Be May Be Reduced Actual is Less
Scheduled Rest: Reduced To: To: Than Amt. in Col.
Within Any 24- A, the Next
Hour Period: Minimum Rest Must
Not be Less Than:
-----------------------------------------------------------------------------------------------------------------------
Less Than 8 1 + 9 + :15 1 + 9 1 + 8 + :15 1 + 10 + :15
Hours
-----------------------------------------------------------------------------------------------------------------------
At Least 8 1 + 10 + :15 1 + 9 1 + 8 + :15 1 + 11 + :15
Hours but Less
than 9 Hours
-----------------------------------------------------------------------------------------------------------------------
9 Hours or 1 + 11 + :15 1 + 9 + :15 1 + 9 + :15 1 + 12 + :15
More
-----------------------------------------------------------------------------------------------------------------------
Note: If rest is reduced on a schedule basis as in Column B or in actual
operation as in Column C, the next rest period must begin within twenty-
four hours (24:00) of the start of the reduced rest period and cannot be
less than the rest shown in Column D above.
-----------------------------------------------------------------------------------------------------------------------
(3) A pilot's on-duty period (including all deadheading), shall
mean all the time which passes from the time a pilot is
required to report, or actually reports, whichever is later,
for his/her flight assignment and shall continue until
fifteen minutes (0:15) after the block-in time of the last
flight of his/her on-duty period. The fifteen minutes (0:15)
as above shall not apply when completing an on-duty period
by deadheading, but will end at the block-in time of such
deadhead flight. The appropriate maximum on duty limitations
are determined by the diurnal chart below.
82
Section 11(C)(3), cont.
[GRAPH]
Report Time - Local Departure Station
A pilot may be scheduled to be on-duty in accordance with
the above chart. The maximum scheduled on-duty period is
thirteen hours (13:00), during the hours of 0600 and 1700.
Between the hours 1700 and 2400 this scheduled on-duty
maximum shall decrease on a minute by minute basis until it
reaches a low of six hours (6:00) scheduled on-duty at 2400.
The six hours (6:00) maximum scheduled on-duty period shall
be maintained between the hours of 2400 and 0400 subject to
the provision outlined below. Beginning at 0400 and
continuing until 0600, the scheduled on-duty maximum shall
increase at the rate of three and one half minutes (3 1/2)
for each minute until the thirteen hours (13:00) scheduled
on-duty maximum is again reached at 0600.
Between the hours of 2130 and 0443, the following exceptions
shall apply to the maximum scheduled on-duty period:
(a) A non stop flight for which a pilot reports during
these hours may be scheduled up to a maximum of eight
hours and thirty minutes (8:30) provided that flight
segment is the only one scheduled during that on-duty
period.
(b) An on-duty period containing two (2) flight segments
for which a pilot reports during these hours may be
extended by two hours (2:00) up to a maximum of eight
hours and thirty minutes (8:30).
(c) An on-duty period containing three (3) flight segments
for which a pilot reports during these hours must be
scheduled in accordance with the chart. The scheduled
on-duty periods as outlined in the above chart and in
paragraphs (a), (b) above and this paragraph (c) are
subject to the extensions listed in paragraphs (i) and
(ii) of this Section 11(C)(3). The rescheduled on-duty
maximums shall be one hour (1:00) more than those
listed above as scheduled on-duty maximums.
83
Section 11(C)(3)(c), cont.
The maximum on-duty shall be as follows:
0500 - 1759: 15:00 hrs
1800 - 2059: 14:00 hrs
2100 - 0459: 13:00 hrs
(i) The scheduled on-duty times reflected above may
be extended up to two hours (2:00) in order to
allow for deadhead to domicile at the conclusion
of a flight pairing, (except charter flights are
limited to a maximum of fifteen hours (15:00)
including deadhead). This extension can be
scheduled for deadhead only. A reserve schedule
holder subject to this extension will be allowed
twelve hours and thirty minutes (12:30) free
from duty after arrival at his/her domicile.
(ii) The maximum on-duty times reflected above may be
exceeded at the discretion of the Captain.
(iii) A pilot's on-duty period cannot be broken by an
off-duty period of less than ten hours (10:00),
scheduled block-in to block-out, or less than
nine hours and fifteen minutes (9:15) actual
block-in to block-out. When applicable the co-
terminal times listed in Section 8(C) shall be
added to both the scheduled and the actual off-
duty periods above. A reserve pilot's on-duty
period cannot be broken by an off-duty period at
his/her domicile of less than twelve hours and
thirty minutes (12:30), block-in to block-out,
or more where required by FARs.
(4) No pilot shall be assigned any duty with the Company during
any rest period specified above.
(5) A pilot shall not be scheduled for duty aloft if his/her
total flight time will exceed thirty hours (30:00) in any
seven (7) consecutive day period. The twenty-four hour
(24:00) period free of duty every seven days, as required by
FAR, shall be at the pilot's domicile.
(D) Flight Time/Duty Limitations - International Operations
(1) For the purposes of this Section 11(D), a pilot's on-duty
period (including all deadheading) shall mean all the time
which passes from the time a pilot is required to report, or
actually reports, whichever is later, for a flight
assignment and shall continue until forty-five minutes
(0:45) after block-in time of the last flight of his/her on-
duty period. The forty-five (0:45) minute period as above
shall not apply when completing an on-duty period by
deadheading but will end at the block-in time of such
deadhead flight. The on-duty period as above cannot be
broken by an off-duty period of less than thirteen hours
thirty minutes (13:30) scheduled or less than eleven hours
thirty minutes (11:30) actual block-in to block-out. For the
purposes of this Section 11(D) and Section 11(B) above, the
84
Section 11(D)(1), cont.
standard international domicile report time for working
flights (not deadheading flights) shall be one hour and
thirty minutes (1:30) prior to departure.
(2) For purposes of this Section 11(D), a two (2) pilot crew
shall consist of one (1) Captain and one (1) First Officer.
A three (3) pilot crew shall consist of one (1) Captain and
two (2) First Officers. On non-stop flights in excess of
twelve hours (12:00) duty aloft a four(4) pilot crew shall
consist of at least one (1) Captain and any combination of
the remaining three (3) pilots (e.g. one (1) Captain and
three (3) First Officers, two (2) Captains and two (2) First
Officers etc.).
(a) Two pilot crew flight time/duty limitations.
(i) A pilot may be scheduled to a maximum of eight
hours (8:00) duty aloft; twelve hours thirty
minutes (12:30) on-duty on flights which include
an ocean crossing. The maximum duty period for
pilots operating under this paragraph is fifteen
hours (15:00) (extendable to sixteen hours
(16:00) at the Captain's discretion).
(ii) During a single duty period a pilot will not be
scheduled to exceed:
a. Eastbound: More than two (2) operating
segments, or deadhead plus one (1)
operating segment.
b. Westbound: More than two (2) operating
segments plus deadhead to domicile.
(iii) The Company shall endeavor to accomplish the
deadheading of two (2) pilot crews by the most
direct method.
(iv) A pilot shall not be scheduled for duty aloft
for more than eight hours (8:00) during any
twenty-four consecutive hours (24:00), unless
he/she is scheduled for an intervening rest
period at, or before, the termination of eight
scheduled hours (8:00) aloft. Such rest period
shall equal twice the number of hours aloft
since the last preceding rest period, and in no
case shall the rest period be less than thirteen
hours thirty minutes (13:30) scheduled block-in
to block-out nor less than eleven hours thirty
minutes (11:30) actual block-in to block-out. If
a pilot flies over eight hours (8:00), he/she
will receive a minimum of eighteen hours (18:00)
rest actual block-in to block-out.
(b) Three (3) pilot crew flight time/duty limitations.
A pilot may be scheduled in accordance with (i), (ii)
or (iii) below, as applicable, on flights which
include an ocean crossing.
85
Section 11(D)(2)(b)(i)
(i) On flights scheduled to be flown nonstop: the
maximum scheduled duty aloft is twelve hours
(12:00) duty aloft; the maximum scheduled on-
duty is fifteen hours (15:00).
(ii) On flights scheduled for one (1) intermediate
stop: the maximum scheduled duty aloft is ten
hours thirty minutes (10:30); the maximum
scheduled on-duty is fifteen hours (15:00).
(iii) On flights scheduled for two (2) intermediate
stops: the maximum scheduled duty aloft is ten
hours (10:00); the maximum scheduled on-duty is
fifteen hours (15:00).
(iv) A pilot's rest period shall equal twice the
number of hours aloft since the last preceding
rest period, and in no case shall the rest
period be less than thirteen hours thirty
minutes (13:30) scheduled (block-in to block-
out) nor less than eleven hours thirty minutes
(11:30) actual (block-in to block-out), and in
no case shall more than sixteen hours (16:00)
scheduled (block-in to block-out) be required.
(c) Four (4) pilot crew flight time/duty limitations
A pilot may be scheduled in excess of twelve hours
(12:00) duty aloft. On such flights the maximum
scheduled on-duty is sixteen hours (16:00) and the
maximum landings is two (2). On flights scheduled for
two (2) landings, there shall be two (2) captains.
A pilot's rest period shall equal twice the number of
hours aloft since the last preceding rest period, and
in no case shall the rest period be less than thirteen
hours thirty minutes (13:30) scheduled (block-in to
block-out) nor less than eleven hours thirty minutes
(11:30) actual (block-in to block-out), and in no case
shall more than sixteen hours (16:00) scheduled
(block-in to block-out) be required.
(d) If the actual flight time for a flight scheduled for
eight hours (8:00) or less exceeds eight hours (8:00)
more than fifty percent (50%) of the time in two (2)
consecutive months, then in the following two (2)
months such flight shall be scheduled with a three (3)
pilot crew in accordance with (b) above and such three
(3) pilot crew shall continue to be assigned to this
flight until the actual flight time for this flight is
eight hours (8:00) or less, more than fifty percent
(50%) of the time in a subsequent consecutive two (2)
month period.
If the actual flight time for a flight scheduled up to
twelve hours (12:00) exceeds twelve hours (12:00) more
than fifty percent (50%) of the time in two (2)
consecutive months, then in the following two (2)
months such flight shall be scheduled with a four (4)
pilot crew in accordance with (c) above and such four
86
Section 11(D)(2)(d), cont.
(4) pilot crew shall continue to be assigned to this
flight until the actual flight time for this flight is
twelve hours (12:00) or less, more than fifty percent
(50%) of the time in a subsequent consecutive two (2)
month period.
For purposes of this paragraph (d), two (2)
consecutive months means from the twentieth (20th) of
the first month to the twentieth (20th) of the third
month (i.e. January 20 to March 20).
(3) When a pilot deadheads under this Section 11(D), the
maximum scheduled on-duty times referred to in (a) and
(b) above may be extended for an additional period of
up to two hours (2:00) in order to allow for deadhead
to a flight deck crew member's domicile at the
conclusion of a flight pairing. This extension may be
scheduled for deadhead purposes only, but in no event
shall it be scheduled to exceed sixteen hours (16:00)
on duty. A reserve bid holder subject to this
extension will be allowed a minimum of twelve hours
and thirty minutes (12:30) free from duty after
arrival at his/her domicile. The minimum rest period
preceding a duty period consisting solely of
deadhead/return to domicile shall be eleven hours
(11:00), (block-in to block-out), except when such
deadhead follows on eastbound ocean crossing in which
case such minimum rest shall be thirteen hours and
thirty minutes (13:30) scheduled, eleven hours and
thirty minutes (11:30) actual, (block-in to
block-out).
(4) Pilots required to deadhead eastbound or westbound
across the Atlantic, Pacific, or any portion thereof,
will not be required to act as operating crew members
thereafter without an intervening rest period. This
provision shall not apply to flights in the Caribbean.
(5) No pilot shall be assigned to any duty during any rest
period.
(6) The duties of the First Officers shall be assigned by
the Captain on three (3) and four (4) pilot crews.
Each First Officer shall be qualified to relieve both
operating positions en route.
(7) Operating Flight Crew Seat / Facilities:
(a) For duty periods greater than eight hours (8:00)
and less than twelve hours (12:00) aloft, the
Company shall block the first row, left seat on
the aircraft now designated as Row 1, Seat 1,
non-smoking section in the First Class cabin for
use as the operating flight crew seat.
(b) For duty periods greater than twelve hours
(12:00) aloft, the Company shall provide
adequate sleeping quarters in accordance with
FAR 121.485(a). Such sleeping quarters shall be
as level as practicable during cruise flight and
shall have an approximate surface of 78 x 30
inches. Further, there shall be suitable means
to ensure occupant privacy.
87
SECTION 12
RESERVE SCHEDULE POLICY
DOMESTIC and INTERNATIONAL
(A) GENERAL
(1) The Company shall maintain a reserve staffing complement
sufficient to perform all reserve duties and to assure that
pilots holding a bid run will fly in accordance with
established scheduling policies.
Reserve requirements will be met by constructing reserve
schedules. The Company may award as many reserve schedules
as deemed necessary in each category to protect the
operation.
Further, blocks of reserve day availability (RDAs) may be
placed in open time and be assigned in the same manner as
other additional flying. Any pilot that acquires a reserve
block will receive the fixed daily rate (FDR) or services
performed, whichever is greater, for each day of such
reserve duty. Further, any pilot that acquires such RDA will
be considered a Short Call Reserve as outlined in Section
12(B)(3)(a) below for the duration of the assignment.
Volunteer reserve duty and any resulting flying, shall be
paid and credited as additional flying for bid run holders
and reserve pilots.
(2) At domiciles where both domestic and international
operations are flown, the Company may establish an equipment
reserve complement combining domestic and international
operations.
(3) A reserve schedule holder, or a reserve officer, may not be
scheduled to exceed his/her monthly bid award ALV except as
provided in Section 10(C)(2)(d) and 10(C)(3)(b).
(B) RESERVE CONTACT/AVAILABILITY
(1) All reserve schedule holders shall be required to be
available by telephone or pager. A reserve schedule holder
using a pager must respond within fifteen (15) minutes of
being contacted.
(2) Any pilot returning from RGD, vacation or any duty-free
period will be responsible for any reserve assignment given
at the times in Section 12(B)(3)(a)(v).
(3) Reserve schedule holders will be placed on Short Call or
Long Call in accordance with the following:
(a) Short Call
(i) Reserve schedule holders who are not on flight
duty, days off, lost time, or an approved
release from crew schedule are eligible to be
placed on Short Call.
88
SECTION 12(B)(3)(A)(II)
(ii) Short Call reserve schedule holders are required
to be within two-hours thirty minutes (2:30) of
their domicile/satellite/pilot base. The two-
hour thirty minute (2:30) contact is measured
from the first attempt by crew schedule to
contact such pilot.
(iii) Reserve schedule holders on Short Call shall not
exceed the lesser of twenty percent (20%) of the
number of reserve schedule holders awarded in
the instant category, or fifty percent (50%) of
the number of reserve schedule holders available
on the instant day both rounded up to the next
whole number, and never less than two (2) if
available.
(iv) A reserve schedule holder with a known activity
assigned that day, or one that will be released
in accordance with Section 12(B)(4) below, shall
not count toward the number on Short Call.
(v) The Short Call assignments shall normally be
available for viewing via CAMS CRT, home access,
voice-mail or telephone contact with CCS after
1200 and 2000 Central Time. Pilots are
responsible to okay this Short Call assignment
by 1300 and 2100, respectively. In addition, any
time a pilot on Short Call is called out for a
flight assignment, CCS shall call the next
reserve schedule holder on the list, who shall
then position himself/herself for Short Call.
(vi) A reserve schedule holder shall leave Short Call
only through flight assignment, training
assignment, any type of duty-free period, or
released by the Company.
(b) Long Call
(i) Reserve schedule holders who are not on flight
duty, days off, lost time or Short Call will be
considered on Long Call.
(ii) Pilots on Long Call will be required to position
for Short Call or a flight assignment within
eight hours (8:00) if contacted between the
hours of 0400-1559, local domicile time, or
within seventeen hours (17:00) if contacted
between the hours of 1600-0359, local domicile
time. These times are measured from the first
attempt by crew schedule to contact such pilot.
(4) Pilots within twelve hours (12:00) of the beginning of
reserve golden days (RGDs), vacation, or any duty-free
period shall be released from the requirement to be within
two-hours and thirty minutes (2:30) of the
domicile/satellite/pilot base at which he/she is based and
the requirement to be available by telephone or pager,
unless such pilot is notified prior to those twelve hours
(12:00) that:
89
SECTION 12(B)(4)(A)
(a) he/she is assigned a flight, or
(b) notwithstanding the provisions of paragraph 12(B)(6),
due to reserve availability, the instant pilot's
services are required.
(5) Flight assignments departing prior to 12:00 local domicile
time will normally be assigned prior to 23:00 local of the
previous day.
(6) No attempt shall be made to contact a pilot holding a
reserve schedule unless he/she is needed for a duty
assignment.
(7) If necessary for operational reasons, the Company may assign
additional reserve schedule holders to Short Call, in the
order specified by paragraph (C)(1) below, in excess of the
provisions in paragraph (B)(3)(a)(iii) above. Such
additional reserve schedule holders shall be assigned for
twenty-four hours (24:00), renewable to a maximum of forty-
eight hours (48:00). The end time of such assignments shall
be considered an in-time for the purposes of Section
12(C)(1)(b).
(C) ASSIGNMENT OF OPEN TIME
(1) Flights assigned to reserve schedule holders not on their
days off shall be in the following order:
(a) All reserve schedule holders who have requested flight
assignments, in seniority order, shall be placed on
Short Call. Such requests must be expressed to CCS via
CAMS or voicemail. Pilots shall be able to view the
reserve list in order to identify those pilots who
have indicated a "request" option. The request is
valid for a calendar day, expiring at midnight local
domicile time, and may not be taken out once input. At
the expiration of his/her "request", the reserve
schedule holder will revert to his/her first-in,
first-out position on the reserve list, as determined
by Section 12(C)(1)(b). A reserve schedule holder may
not exercise this option once his/her credit
projection is over his/her guarantee minus ten (10)
hours, exclusive of additional flying and OFR.
(b) Reserve pilots will be assigned on a first-in, first-
out basis. First-in time shall be determined by the
release time of the last duty assignment, or 0001 of
the first day of the month for pilots not out on a
duty assignment at the beginning of the month. The
first-in time for a reserve schedule holder returning
to service from Reserve Golden Days (RGDs), vacation,
any type of duty-free period, or a Short Call
assignment under Section 12(B)(7) shall be the end
time of such event.
If the "in" time above is the same for two or more
pilots, reserve list placement shall be made in
inverse order of seniority.
90
SECTION 12(C)(2)
(2) Notwithstanding (C)(1) above, a reserve schedule holder with
less than FAR 121.438b experience will not be assigned a
pairing(s) that has assigned to it another pilot who does
not meet the requirements of FAR 121.438b.
(3) A reserve schedule holder who has been assigned to an open
flight may be removed from such flight to protect any other
flight if no other reserve is available. Further, a reserve
pilot may be removed from an assigned flight in accordance
with Section 9(D)(2)(d).
(4) Subject to Section 12(D)(4), assignment of a reserve to a
flight shall normally consider the ability of the reserve to
complete the flight assignment within the reserve's duty-
days and shall not impinge on the reserve's scheduled duty-
free periods.
(D) RESERVE SCHEDULES/DUTY-FREE PERIODS
(1) Subject to Section 12(E) below, pilots shall receive not
less than the following number of twenty-four hour (24:00)
periods at their domicile (either temporary or permanent)
free from all duty with the Company during each full month
of service as a reserve schedule holder or reserve officer:
Bid month duration : 31 days 30 days
------- -------
Effective 1998 : 14 13
01 January 1999 : 13 13
01 January 2000 : 13 12
01 January 2001 : 12 12
Proration of such duty free-periods under this provision
shall be to the nearest whole period. The foregoing
notwithstanding, the duty-free periods under this provision
shall not be prorated for days lost for ALPA business or
death in family as provided in Section 15(I).
(2) The Company shall award sufficient reserve schedules to
perform all reserve duties in each pilot category. The
number of reserve schedules will be estimated and published
as the estimated reserve count. Upon award, the reserve
schedules will be sequentially numbered. Reserve schedules
shall be awarded in accordance with the following:
(a) Reserve schedules shall be built in seniority order by
the preferential bid system using the pilot's
appropriate bid preference entries as provided for in
Section 9(B).
(b) In addition to the requirements of Section 12(D)(2)(a)
above, the Company shall also publish three (3)
reserve schedules of time (one each) for each pilot
category, which shall include the first, middle, and
the last parts of each month as single, continuous
duty-free periods, in the amounts determined by
paragraph (D)(1) above. Should a change in Federal Air
Regulations affect the provisions of this paragraph,
the parties shall meet and negotiate amendments to
this paragraph. Pilots awarded these reserve schedules
shall not be awarded supplemental bid runs. The
91
SECTION 12(D)(2)(B), cont.
Company is not required to award these reserve
schedules if not bid.
If a pilot has an activity (other than additional
flying and OFR) already scheduled on a date which
would otherwise be awarded off, the impinged day(s)
off shall instead be awarded as close as possible to
the end of the first spread, the beginning of the last
spread, or to both ends of the middle spread.
(c) Pilots may request up to four (4) blocks of days off.
However, no block may contain less than three (3) days
off unless otherwise requested by the pilot. Each
spread of days off must be separated by at least three
(3) duty days. The duty-free period preferences
expressed by the pilot shall be granted to the extent
possible and shall not contain any black out periods.
(3) A pilot's duty-free period(s) may never be changed
retroactively. Except as provided in Section 12(D)(4) below,
a pilot's duty-free period(s) may be changed prospectively
by mutual agreement between the pilot and the Company.
However, when no other reserve pilot is available for the
flight and the open flight is in Red Time as defined in
Section 9(H), the Company may change such duty-free
period(s) without the pilot's consent. If the open flight is
in Yellow Time, the Volunteer Fly List must first be run.
The Company shall not allow an open flight in Yellow Time to
go unstaffed until Red Time in order to avoid running the
VFL.
(4) In the event a non-routine operation prevents the pilot from
returning to his/her domicile in time to take his/her duty-
free period within the month in which it was scheduled
he/she shall, if he/she holds a reserve schedule the
following month, be granted only those missed days off in
addition to his/her regular scheduled duty-free period(s)
the following month. In the event the pilot is a bid run
holder the following month, he/she shall receive the FDR for
each day, or portion thereof, such pilot is unable to take
his/her duty-free days in the month in which they were
awarded. Such pay shall not be offset against any pay
guarantees.
When operationally necessary to move a reserve's duty-free
periods to protect the operation, the Company will make
every effort to relieve the reserve prior to the
commencement of his/her duty-free period. Duty-free periods
moved under this provision shall be rescheduled on a one-
for-one basis, or the pilot may elect to receive the FDR in
lieu thereof. Such pay and credit shall not be offset
against his/her guarantee.
(5) Reserve "Golden Days" (RGDs). A reserve schedule holder may
designate as "golden" a period of consecutive duty-free
twenty-four (24) hour periods, not to exceed six (6) periods
of the pilot's duty free periods. A pilot may not designate
as an RGD a day listed in Section 9(E)(2)(j). Such RGD
designation may be made via CAMS or direct telephone contact
with CCS not later than forty-eight hours (48:00) prior to
the beginning of the bid month.
92
SECTION 12(D)(6)
(6) Trading of Reserve Days Off: Reserve schedule holders may
trade blocks of duty-free periods with other reserve
schedule holders. Such duty-free blocks must be equal
twenty-four (24) hour periods. The minimum number of days
between traded duty-free periods must not be less than three
(3) days. However, where the majority of flight pairings in
a category exceed three (3) days, the Company may require
more than three (3) days between traded duty-free periods.
(E) RESERVE GUARANTEE OPTION (RGO)
A reserve schedule holder's guarantee shall be as set forth in
Section 4(C). At the time of bidding, a reserve schedule holder
may request his/her guarantee be increased by two days at the FDR.
The Company shall have sole discretion to approve such request. If
approved, the pilot's allotted duty-free periods shall be reduced
by two (2). Such reduction may also be requested after the start
of the bid period. The reduction of the specific twenty-four hour
(24:00) periods shall be mutually agreeable between the pilot and
crew schedule. A pilot desiring to exercise the RGO shall so
indicate in his/her monthly bid or via the appropriate CAMS entry.
(F) MISCELLANEOUS
(1) Reserve rest. In addition to the reserve rest requirements
set forth in Section 11(C)(3), the following shall apply: If
a reserve pilot is called to the airport for the purpose of
acting as a pilot on a flight assignment, and is
subsequently removed from the flight assignment for any
reason after report time, that pilot shall receive the
minimum rest stipulated in Section 11(C)(3). Additionally,
the provisions of Section 5(G) shall apply if the pilot is
removed after report.
(2) When notified, the Company shall advise the pilot of the
flight identification and report/release times.
(3) For a reserve schedule holder who has completed one (1) year
of service with the Company as a flight deck crew member,
Section 9(F) additional flying shall not be offset against
his/her guarantee. A reserve schedule holder with less than
one (1) year of service as a flight deck crew member shall
be compensated for Section 9(F) additional flying in
accordance with Section 4(B)(1)(b)(ii) of the Agreement.
93
SECTION 13
MOVING EXPENSES
(A) Pilots who are displaced will be considered involuntarily
transferred. Such pilots who are involuntarily transferred within
the United States to a new domicile which is more than 75 miles
from their current domicile shall be afforded the following
relocation benefits. For the purpose of this Section 13, such
relocation benefits shall be associated with the geographic
relocation of the pilot's principal residence in the former
domicile to within a 125 mile radius of the new domicile:
(1) The Company will arrange for and cover the cost of shipment
of up to 15,000 pounds of personal household goods and
personal belongings, including charges for packing and
unpacking, insurance, and, if necessary, storage for a
period not to exceed thirty (30) days at either end of the
move.
(2) Expenses for the moving of up to two (2) vehicles shall be
allowed each pilot at the rate of twenty cents ($0.20) per
mile for the most direct AAA mileage route between the
pilot's former and new domicile. The payment will be the
mileage's set forth in the table below. Employees will be
expected to travel a minimum of 300 miles per day.
MILEAGE'S BETWEEN DOMICILES
Between AND Mileage
------- --- -------
XXX XXX 000
XXX LAX 2787
XXX XXX 0000
XXX XXX 0000
XXX XXX 0000
LAX SFO 384
(3) A one-time lump-sum relocation allowance up to two thousand
five hundred dollars ($2,500.00) will be provided to the
pilot to help defray the costs of temporary living and
incidentals. Receipts are not required. No additional
payments or reimbursements will be provided for hotels,
meals, car rental, telephone calls, taxis or other
incidental relocation expenses except as may be provided
herein. An additional lump-sum relocation allowance up to
two hundred fifty dollars ($250.00) will be provided for the
pilot's spouse to help defray the cost of home finding at
the new domicile. Receipts are not required.
If a pilot voluntarily leaves TWA's employ within twenty-
four (24) months from the date of transfer, the pilot shall
repay TWA the lump-sum relocation allowance(s) he/she
received as follows:
Proportion of
Months of service completed at new allowance(s) to be
domicile prior to voluntary termination repaid to TWA
--------------------------------------- ------------------
Less than three months 100%
Three or four months 95%
Five or six months 90%
Seven or eight months 85%
Nine or ten months 80%
Eleven or twelve months 75%
94
Section 13(A)(3), cont.
Thirteen or fourteen months 70%
Fifteen or sixteen months 60%
Seventeen or eighteen months 50%
Nineteen or twenty months 40%
Twenty-one or twenty-two months 25%
Twenty-three or less than twenty-four months 10%
(4) When a pilot so requests, he/she shall be allowed reasonable
travel time after receiving notification of his/her
involuntary transfer until reporting at the new domicile. On
moves within the United States this shall be calculated on a
travel rate of three hundred (300) miles per day. Such
pilot, who has not been given at least two (2) weeks notice,
shall be given three (3) days additional time to the above.
The time allotted in this paragraph shall be given without
prejudice to the monthly guarantee.
(B) When a pilot who was assigned to a domicile because there was no
successful bidder subsequently moves from such domicile because of
displacement under Section 19, moving expenses to the new domicile
shall be allowed in accordance with this Section 13.
(C) Successful bidders to newly established or re-established pilot
domicile(s) will be considered involuntarily transferred for
purposes of this Section 13. Such newly established or re-
established pilot domicile(s) shall be so considered for a period
of not less than nine (9) months from the effective date of the
first bid to such domicile; except this provision shall not apply
to bidders for a vacancy which was created by a pilot leaving such
domicile.
(D) In the event a domicile is permanently closed by the Company, all
pilots in the domicile at the date of closing shall be considered
to have been involuntarily transferred for the purposes of this
Section 13.
(E) Pilots transferred from one domicile within the United States to
another domicile within the United States by any means other than
a displacement will be considered a voluntary transfer and will
bear their own expenses, except that space available
transportation shall be furnished to such pilots and their
families. For the purpose of this Section 13, pilots who exercise
the Displacement Replacement Option will not be considered
involuntarily transferred.
95
SECTION 14
VACATION
(A) ELIGIBILITY
No pilot shall be eligible for a vacation until such pilot has
completed one (1) year of service with the Company. However, the
Company may, at its option, schedule a pilot with less service to
take vacation accrued during the previous calendar year prior to
completion of the pilot's first full year of service.
(B) SCHEDULE OF VACATION ENTITLEMENT
Each calendar year a pilot shall be given a vacation, the number
of days of which shall be based upon the number of full months
worked in the preceding calendar year, according to the following
schedules:
Calendar days to be allowed for vacation according to the number
of years of service with the Company completed prior to January 1
of the year vacation is to be taken.
Effective for vacations to be taken in 1998:
-------------------------------------------------------------------------------------
Months Worked Less Than 8 through 22 Years and
Prior to 8 Years 21 Years Over
January 1
-------------------------------------------------------------------------------------
1 1 3 3
-------------------------------------------------------------------------------------
2 2 5 6
-------------------------------------------------------------------------------------
3 3 8 9
-------------------------------------------------------------------------------------
4 5 10 12
-------------------------------------------------------------------------------------
5 6 13 15
-------------------------------------------------------------------------------------
6 7 15 18
-------------------------------------------------------------------------------------
7 9 18 21
-------------------------------------------------------------------------------------
8 10 20 24
-------------------------------------------------------------------------------------
9 11 23 27
-------------------------------------------------------------------------------------
10 12 25 30
-------------------------------------------------------------------------------------
11 13 28 33
-------------------------------------------------------------------------------------
12 15 30 36
-------------------------------------------------------------------------------------
96
SECTION 14(B), cont.
Effective for vacations to be taken in 1999:
------------------------------------------------------------------------------------------
Months Worked Less Than 8 through 22 through 26 Years and
Prior to 8 Years 21 Years 25 Years Over
January 1
------------------------------------------------------------------------------------------
1 1 3 3 4
------------------------------------------------------------------------------------------
2 2 5 6 7
------------------------------------------------------------------------------------------
3 3 8 9 10
------------------------------------------------------------------------------------------
4 5 10 12 13
------------------------------------------------------------------------------------------
5 6 13 15 16
------------------------------------------------------------------------------------------
6 7 15 18 20
------------------------------------------------------------------------------------------
7 9 18 21 23
------------------------------------------------------------------------------------------
8 10 20 24 26
------------------------------------------------------------------------------------------
9 11 23 27 29
------------------------------------------------------------------------------------------
10 12 25 30 33
------------------------------------------------------------------------------------------
11 13 28 33 36
------------------------------------------------------------------------------------------
12 15 30 36 38
------------------------------------------------------------------------------------------
Effective for vacations to be taken in 2000:
------------------------------------------------------------------------------------------
Months Worked Less Than 8 through 22 through 26 Years and
Prior to 8 Years 21 Years 25 Years Over
January 1
------------------------------------------------------------------------------------------
1 1 3 3 4
------------------------------------------------------------------------------------------
2 2 5 6 8
------------------------------------------------------------------------------------------
3 3 8 9 11
------------------------------------------------------------------------------------------
4 5 10 12 14
------------------------------------------------------------------------------------------
5 6 13 15 17
------------------------------------------------------------------------------------------
6 7 15 18 21
------------------------------------------------------------------------------------------
7 9 18 21 25
------------------------------------------------------------------------------------------
8 10 20 24 28
------------------------------------------------------------------------------------------
9 11 23 27 31
------------------------------------------------------------------------------------------
10 12 25 30 36
------------------------------------------------------------------------------------------
11 13 28 33 38
------------------------------------------------------------------------------------------
12 15 30 36 40
------------------------------------------------------------------------------------------
97
SECTION 14(B), cont.
Effective for vacations to be taken in 2001:
------------------------------------------------------------------------------------------
Months Worked Less Than 8 through 22 through 26 Years and
Prior to 8 Years 21 Years 25 Years Over
January 1
------------------------------------------------------------------------------------------
1 1 3 3 4
------------------------------------------------------------------------------------------
2 2 5 6 8
------------------------------------------------------------------------------------------
3 3 8 9 11
------------------------------------------------------------------------------------------
4 5 10 12 15
------------------------------------------------------------------------------------------
5 6 13 15 18
------------------------------------------------------------------------------------------
6 7 15 18 22
------------------------------------------------------------------------------------------
7 9 18 21 26
------------------------------------------------------------------------------------------
8 10 20 24 29
------------------------------------------------------------------------------------------
9 11 23 27 33
------------------------------------------------------------------------------------------
10 12 25 30 34
------------------------------------------------------------------------------------------
11 13 28 33 38
------------------------------------------------------------------------------------------
12 15 30 36 42
------------------------------------------------------------------------------------------
Effective for vacations to be taken in 2002 and thereafter:
------------------------------------------------------------------------------------------
Months Worked Less Than 8 through 22 through 26 Years and
Prior to 8 Years 21 Years 25 Years Over
January 1
------------------------------------------------------------------------------------------
1 1 3 3 5
------------------------------------------------------------------------------------------
2 2 5 6 8
------------------------------------------------------------------------------------------
3 3 8 9 11
------------------------------------------------------------------------------------------
4 5 10 12 15
------------------------------------------------------------------------------------------
5 6 13 15 18
------------------------------------------------------------------------------------------
6 7 15 18 22
------------------------------------------------------------------------------------------
7 9 18 21 26
------------------------------------------------------------------------------------------
8 10 20 24 29
------------------------------------------------------------------------------------------
9 11 23 27 33
------------------------------------------------------------------------------------------
10 12 25 30 37
------------------------------------------------------------------------------------------
11 13 28 33 40
------------------------------------------------------------------------------------------
12 15 30 36 44
------------------------------------------------------------------------------------------
For the purpose of this paragraph, a month worked shall be any
month for which an employee accrues at least thirty-five hours
(35:00) pay. When a pilot is placed on vacation as a result of an
extended illness during the same calendar year during which it was
earned, no additional vacation shall be accrued during that
vacation period.
(C) PAY AND CREDIT
For each day a pilot is on vacation, he/she shall be paid the
Fixed Daily Rate (FDR) at the hourly rate determined by such
pilot's mock
98
SECTION 14(C), cont.
category bid award for a full month vacation, or by his/her actual
category bid award for partial month vacation.
(D) SENIORITY
At each domicile a pilot shall be awarded a vacation based upon
his/her pilot seniority within the category held on January 1 of
the year the vacation is to be taken. In the event a pilot does
not hold a category on January 1, the last day the pilot held a
category shall be used in lieu of January 1.
(E) LIMITATIONS
(1) Status
For the purposes of this Section, pilot statuses are as
follows: Captain, First Officer, and Flight Engineer.
(2) Selections
Provided that adequate vacation selections exist and have
not been allocated to more senior pilots, a pilot may select
his/her vacation within the following limits:
(a) Each pilot may select a single primary vacation
equivalent to his/her entitlement in paragraph (B) of
this Section, as applicable.
(b) Each pilot entitled to fifteen (15) days or less must
select a single vacation.
(c) Each pilot entitled to thirty (30) days or less, but
more than fifteen (15) days, may split to one (1)
primary selection of fifteen (15) days, and another
split period equal to the remainder of his/her
entitlement.
(d) Each pilot entitled to forty-four (44) days or less,
but more than thirty (30) days may split to one (1)
primary selection of thirty (30) days, or one (1)
primary and one (1) split of fifteen (15) days each
and another split equal to the remainder of the
pilot's entitlement.
(3) Quarters
The vacation year is broken into four (4) calendar quarters
of three (3) consecutive months. Each pilot may be awarded
only one (1) vacation selection in any quarter, except when
selections in all other quarters have been exhausted.
(4) Monthly Allocation
During each of the bid months of June, July and August, at
least six percent (6%) per month of the total vacation days
in each category, but never less than one (1) vacation
period of thirty (30) days duration, or its equivalent
reduced duration, shall be available for award. During each
of the bid months of September, November and December, at
least five percent (5%) per month of the total vacation days
99
SECTION 14(E)(4), cont.
in each category, but never less than one (1) vacation
period of thirty (30) days duration, or its equivalent
reduced duration, shall be available for award. A pilot
scheduled for normal retirement during the vacation year
shall have the option of deferring the entire vacation or
any split portion(s) provided the pilot notifies his/her
Regional Chief Pilot on or before August 31.
(5) Involuntary Vacation Rescheduling
All of a pilot's scheduled vacation period(s) for the
succeeding year shall not be cumulative and must be taken
within the calendar year.
(a) Primary Vacation Period
A pilot's primary vacation period may not be changed
without the pilot's consent, except upon thirty (30)
days written notice, unless the Company does not have
sufficient pilots to maintain schedules and in no
event without fifteen (15) days written notice except
with the pilot's consent.
A pilot's primary vacation period may not be changed
solely for reasons of change of the pilot's category.
(b) In the event Company operations require that a pilot's
primary vacation be deferred, the pilot may have the
option to have his/her vacation bought back by the
Company or to take it later in the calendar year (when
a later period is available) or in the succeeding
year.
(i) A pilot whose vacation is bought back or
deferred shall be considered by the Company as
available to fly for the entire vacation period.
(ii) When a later period is available, a pilot who
has elected to take his/her vacation later in
the calendar year shall have priority to such
period over a pilot who has not had a vacation
deferred.
(iii) In the event a pilot is required or chooses to
take deferred vacation in the succeeding year,
the pilot shall bid it in accordance with the
provisions of this Section, time permitting.
(iv) A vacation deferred under this Section 14(E)(5)
shall not be changed without the pilot's consent
unless no other qualified pilot is available in
the domicile to protect the Company's operation
and in any event shall be granted not later than
the year succeeding the year of original
deferment. Such deferred vacation shall not be
changed without fifteen (15) days written
notice. In the event a pilot is awarded more
than one (1) vacation in a succeeding year as
the result of such deferment, the vacation
awarded as the higher preference shall be the
100
SECTION 14(E)(5)(B)(IV), cont.
vacation period to which the pilot has the
priority right outlined as above.
(c) Split Vacation Period(s)
A pilot's split vacation period(s) may be changed in
accordance with (a) and (b) above and may also be
changed as a result of a change in the pilot's
category, without written notice and without the
pilot's consent.
(F) BIDDING PROCEDURES
(1) The Company will provide a vacation bid preference form to
each pilot prior to September 20. These bid forms will
indicate the possible choices available in each month, for
the following year.
The bid forms will be so designed to allow the options
described in paragraphs (B), (D) and (E) of this Section.
(2) Each pilot must bid via preference form or electronic
bidding (CAMS, home access, etc.) on or before October 15. A
pilot who has not submitted a vacation preference by this
date will have vacation assigned to him/her by the Company.
(3) The results of the vacation bidding will be posted on or
before November 1.
(4) Mutual trading of equal vacation periods (i.e. any period
that could be bid under paragraph (E)(2) above) will be
permitted within a Category.
(G) TERMINATION AND FURLOUGH
In the event a pilot's service with the Company is terminated, the
pilot shall be paid vacation pay as follows:
(1) If the pilot is furloughed, or if the pilot has completed a
year of service with the Company and resigns with the giving
of two (2) weeks written notice or is discharged, the pilot
shall be paid for all vacation time earned and accrued to
date of furlough, resignation or discharge.
(2) If the pilot resigns and fails to give at least two (2)
weeks written notice of resignation, he/she shall receive no
vacation pay whatsoever.
(3) This entire paragraph (G) shall not apply where the furlough
is occasioned by an Act of God, circumstances over which the
Company has no control, or strikes or other work stoppages
of employees of the Company.
(H) VOLUNTARY VACATION MOVEMENT
A pilot may elect to move his/her vacation days within an awarded
vacation sequence and must be taken consecutively. The pilot must
advise the Company of his/her election no later than thirty (30)
101
SECTION 14(H), cont.
days prior to the beginning of the month in which the vacation is
to be taken.
(I) VACATION FLYING
(1) Sixty (60) days prior to the beginning of the bid period in
which a pilot's vacation is scheduled a pilot can notify the
Company that he wants his vacation bought back by the
Company. The Company may, at its option, buy the pilot's
vacation. If the Company decides to buy back the pilot's
vacation, the pilot will be notified of the Company's
acceptance no less than thirty (30) days prior to the
beginning of the bid period and a check will be issued to
the pilot on the next flight pay check of the month
following the scheduled vacation for the full value of
his/her vacation. The pilot is then considered by the
Company as available to fly for the entire vacation period.
The Company may not exercise this provision if there are
pilots on furlough other than pilots exercising a Recall
Bypass Option.
(2) A pilot may elect to fly on his/her vacation without advance
notification to the Company and fly only those trips he/she
elects to fly to the extent that trips are available to
him/her in accordance with Section 9(F).
102
SECTION 15
SICK LEAVE WITH PAY
(A) A pilot will be credited, for sick leave purposes, with five (5)
hours of sick leave credit for each month of service with the
Company as a flight crew member up to a maximum accrual of one
thousand (1000) hours.
(B) When sick leave credit is used, the normal re-accrual rate shall
be six (6) hours for each month of service thereafter as a pilot
with the Company until the pilot's sick leave account is restored
to the level prior to the illness. In lieu of the foregoing, when
a pilot is continuously sick for four (4) months or more, such
pilot shall enter into a special re-accrual schedule for each
month of service thereafter as a pilot with the Company until the
pilot's sick leave account is restored to the level prior to the
illness, pursuant to the following schedule:
Sick Leave remaining Reaccrual rate per month
-------------------- ------------------------
Less than 500 Hours 14 Hours
Less than 750 Hours 10 Hours
Less than 1000 Hours 8 Hours
A pilot who has exhausted sick leave credit and is then placed on
medical leave of absence as a result of an extended illness shall,
upon return to active service and completion of requalification,
reaccrue sick leave according to the above special schedule up to
the level prior to the illness.
(C) Sick leave credit shall accrue during any month in which the pilot
accrues at least thirty-five (35) hours pay.
(D) A pilot who holds a bid run will be entitled to sick leave on the
first day he/she is unable to report for scheduled duty. A pilot
who does not hold a bid run will be entitled to sick leave on the
first day that he/she is unavailable for reserve duty; if such
pilot has actually been on duty on a day during which he/she later
is unable to report for duty, the pilot shall not be entitled to
sick leave for that day.
(E) A pilot who holds a bid run shall be paid on the basis of the
scheduled flight pay and credit of the trip or trips missed within
the bid period as a result of actual sickness or injury, and
his/her sick leave account charged accordingly, to the extent that
such pilot has accrued sick leave credit. No pay and credit shall
be awarded so as to cause the pilot's total credited hours for the
month to exceed his/her monthly bid award ALV.
(F) A pilot who holds a reserve schedule shall be paid and credited
sick leave at the fixed daily rate for each day he/she is
unavailable for duty as a result of actual sickness or injury, and
his/her sick leave account charged accordingly, to the extent that
such pilot has accrued sick leave credit. No pay and credit shall
be awarded so as to cause the pilot's total credited hours for the
month to exceed his/her monthly bid award ALV.
(G) A pilot who has not been awarded a bid as a result of actual
sickness or injury will be awarded a mock bid based on his/her
current category. A pilot awarded a mock bid run schedule will
receive pay and credit in accordance with paragraph (E) above. A
pilot awarded a mock reserve schedule will receive pay and credit
in accordance with paragraph (F) above. The pilot's sick leave
account shall be charged accordingly, to the extent that such
103
SECTION 15(G), cont.
pilot has accrued sick leave credit.
(H) In the event a pilot misses two (2) or more consecutive trips due
to illness or misses three (3) or more nonconsecutive trips due to
illness in any contiguous three (3) month period, or a reserve
calls off sick three (3) times in any contiguous three (3) month
period, only the domicile Regional Chief Pilot or Assistant Chief
Pilot may contact a pilot in order to request a physician's
certificate to verify such illness(s). Any such request shall be
limited to the illness at issue.
(I) A pilot eligible for sick leave under this Section 15 shall also
be entitled to seven (7) calendar days off per calendar year on
account of death in the pilot's immediate family. Immediate family
shall be limited to a pilot's spouse, children, father, mother,
grandparents, step-father, step-mother, father-in-law, mother-in-
law, sister, brother, step-sister, and step-brother. These days
shall be paid as follows: A Bid Run Pilot shall receive pay and
credit for any trip(s) missed during these seven (7) days based
upon the scheduled flight time(s) including items credited toward
flight time limitations as set forth in Section 11. A Reserve
Pilot shall receive pay and credit according to paragraph (F)
above. There shall be no prorating of reserve days off based on a
pilot's usage of days off in this paragraph.
(J) A pilot's sick leave credit shall be restored for any sick leave
credit utilized within the month under Paragraphs (D), (E), (F),
and (I) above to the extent such pilot accrues flight pay and
credit in excess of his/her ALV.
(K) During absence due to industrial injury, a pilot shall be entitled
to receive from the Company the difference between Xxxxxxx'x
Compensation and the pilot's earnings for the number of days the
pilot is on paid sick leave status with the Company.
(L) A pilot laid off due to a reduction in force shall have the sick
leave accrued prior to furlough credited to him/her in the event
of recall.
(M) Except as provided in paragraph (E) above, the foregoing rules
shall be applied to each bid period separately.
104
SECTION 16
PHYSICAL STANDARDS
(A) A pilot shall not be required to submit to any Company physical
examinations in excess of one (1) in any twelve (12) month period
without the pilot's consent unless it is apparent that the pilot's
health or physical condition is seriously impaired, in which case
the pilot's personal physician shall be furnished a copy of the
Company's medical examiner's report when so requested in writing
by the pilot. A pilot who takes a Company physical examination at
a location other than his/her domicile shall be furnished Company
transportation and shall be entitled to expense allowance as set
forth in Section 7(A)(4) of this Agreement.
(1) Any pilot hereunder who fails to pass a Company physical
examination may, at his/her option, have a review of his/her
case in the following manner:
(a) The pilot may employ a qualified medical examiner of
his/her own choosing and at his/her own expense for
the purpose of conducting a physical examination for
the same purpose as the physical examination made by
the medical examiner employed by the Company.
(b) A copy of the findings of the medical examiner chosen
by the employee shall be furnished to the Company, and
in the event that such findings verify the findings of
the medical examiner employed by the Company, no
further review of the case shall be afforded.
(c) In the event that the findings of the medical examiner
chosen by the employee shall disagree with the
findings of the medical examiner employed by the
Company, the Company 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
physical examination of the employee.
(d) The said disinterested medical examiner shall then
make a further examination of the pilot in question
and the case shall be settled on the basis of said
medical examiner's findings.
(e) The expense of employing the disinterested medical
examiner shall be borne one-half by the pilot and one-
half by the Company. Copies of such medical examiner's
report shall be furnished to the Company and to the
pilot.
(2) Any information obtained by or as a result of a Company
physical examination shall be confidential between the
doctor, the pilot, and those supervisory and administrative
personnel concerned with the pilot's physical condition with
the understanding that medical details will not be divulged
by the doctor without the pilot's consent. The above
notwithstanding, there is no intent to restrict the use of
medical information necessary to arrive at a correct medical
diagnosis, nor to interfere with the processes of this
Section or the Grievance Section of this Agreement, nor to
interfere with or prevent investigations required in legal
processes.
105
SECTION 16(A)(3)
(3) The Company shall reimburse a pilot for any FAA/TWA required
medical expenses he/she may incur which is denied by a
Company offered medical plan because it was not "medically
necessary". This shall apply to both the situation where
specific medical testing required by TWA and/or any tests
required by the FAA requisite to the issuance of the
Airman's Medical Certificate.
This shall not apply to the cost of those regular six (6)
month annual FAA physical examinations which are necessary
and required by law to maintain a pilot license(s).
(4) The Company shall not require a pilot to possess an FAA
Medical Certificate, including its waiver policy, in excess
of the certificate required by the FAA for the capacity in
which the pilot is currently serving (i.e., Captain, First
Officer, International First Officer, International Relief
Officer and Flight Engineer).
(5) The Company Medical Department shall advise the Chairman of
the ALPA Aeromedical Committee prior to the implementation
of new tests which are to be administered to all pilots
during the annual Company physical examination.
(6) Notwithstanding the foregoing, a pilot who possesses a first
or second class medical certificate with waivers may be
required to meet operational qualifications as determined by
Flight Operations.
(a) In the application of this paragraph, if Flight
Operations determines that a pilot with a first or
second class medical certificate with waivers does not
meet the Company's operational qualifications, such
pilot will be eligible to receive disability benefits
if not disqualified under the provisions of Article
1.11 of the Retirement Plan for Pilots of Trans World
Airlines, Inc. (otherwise known as the "A" Plan).
(b) In reference to the disqualifications under Article
1.11 of the "A" Plan referring to war, a pilot on
Company business who is disabled as a result of war is
not thereby disqualified from receiving the benefits
referred to in such Plan.
(B) Crew meals, when provided, shall be nutritionally balanced and
shall include at least one (1) low fat meal. At the request of
either party, the Company and the Association shall, within ten
(10) business days, meet and discuss crew meal provisioning for
flights not normally scheduled for passenger meal service.
(C) A pilot on leave under Section 18(B) or (E) may apply for any open
position with TWA, subject to the requisite qualifications. A
pilot shall have a preferential opportunity for the position over
non-employee applicants. Except for Sections 1(C), 1(D), 17(A)(9)
and 17(A)(10), the provisions of this Agreement shall not apply to
a pilot who accepts another position within the Company while on
leave under Section 18(B) or (E).
(D) The Company shall maintain an effective Employee Assistance
Program which shall make available services to pilots and their
106
SECTION 16(D), cont.
eligible dependents consistent with the goals of the Joint Policy
Statement on Special Health Services dated August 26, 1976.
Furthermore, a pilot shall have access to an effective Employee
Assistance Program whether or not he/she is in a job jeopardy
situation. Such access, however, shall not abridge, limit or
prejudice in any way the Company's right to assess appropriate
discipline.
(E) Notification for FAA required drug and alcohol testing shall be in
accordance with the policy in the Flight Operations Policy Manual,
except such notification in St. Louis shall be in writing and
delivered in person. No pilot shall be required to wait for such
drug/alcohol test more than one hour (1:00) after the scheduled or
actual block-in of his/her flight, whichever is later.
In the event a pilot is tested "positive" by any alcohol or drug
test, he/she shall be handled in accordance with the Flight
Operations Policy Manual.
107
SECTION 17
SENIORITY
(A) GENERAL
(1) Seniority as a pilot shall be based upon the length of
service as a pilot with the Company or with other companies
whose operations have been taken over by the Company prior
to the signing of this Agreement.
(2) Seniority shall begin to accrue from the date a pilot is
first employed by the Company as an airline pilot and shall
continue to accrue during such period of employment except
as otherwise provided in this Agreement. On January 1, 1944,
and henceforth, the date of employment as a pilot shall
establish such pilot's position on the System Seniority
List, and when two (2) or more pilots are employed on the
same date, they shall be placed on such Seniority List
according to their age (i.e., the oldest pilot shall receive
the lowest number).
(3) Seniority shall govern all pilots in case of promotion and
demotion, their retention in case of reduction in force,
their assignment or reassignment due to expansion or
reduction in schedules, their reemployment after release due
to reduction in force, and their choice of vacancies
provided that the pilot's qualifications are sufficient for
the operation to which such pilot is to be assigned. In the
event that a pilot is considered by the Company not to be
sufficiently qualified, the Company shall immediately
furnish such pilot written reasons therefor. This Section
shall apply except as otherwise stipulated in this
Agreement.
(4) Any pilot once having established a seniority date hereunder
shall not lose that date except as provided in this
Agreement.
(5) When a junior pilot is promoted over a senior pilot, by
reason of the failure of the latter to qualify in turn, the
senior pilot shall continue to retain his/her position on
the Pilots? System Seniority List.
(6) Any pilot whose services with the Company are permanently
severed shall forfeit his/her seniority rights.
(7) In the event Trans World Airlines, Inc. purchases or absorbs
another airline, the Pilots' System Seniority List of Trans
World Airlines, Inc., and of the Company being purchased or
absorbed shall, at the time of such purchase or absorption,
be determined by agreement between the representatives of
the respective pilot groups involved.
(8) A pilot transferred to non-flying or supervisory duty shall
retain and continue to accrue seniority, provided that such
pilot maintains at all times a valid airline pilots'
competency certificate or certificates. If such pilot shall
permit his/her specified certificate or certificates to
lapse, he/she shall retain the seniority already accrued to
the time of such lapse and shall have a period of no more
than one (1) year in which to regain such specified
certificate or certificates. If the pilot does regain such
specified certificate or certificates within one (1) year,
108
SECTION 17(A)(8), cont.
the pilot's seniority shall recommence to accrue from the
date his/her certificate or certificates are so regained.
(9) When a pilot is transferred to non-flying or supervisory
duty on account of sickness or injury, or becomes sick or
injured while on such non-flying or supervisory duty, the
pilot shall retain and continue to accrue seniority during
such period of sickness or injury whether or not he/she is
able to maintain his/her airline pilot certificate or
certificates required for his/her status, until the pilot is
able to return to flying duty or is found to be unfit for
such duty for a continuous period of five (5) years.
(10) A pilot who returns to active service from a leave,
including but not limited to, leaves of absence pursuant to
Section 18; extended sick leave or from training center,
non-flying or supervisory duty who does not have a category
bid award, shall have a vacancy created for him/her by the
Company in a category in his/her status according to
systemwide seniority and the equipment ranking of Section
19(D)(2)(d). If the pilot does not have the qualifications
normal for his/her seniority, he/she will be afforded the
opportunity to obtain such qualifications at the earliest
reasonable opportunity.
(11) Any dispute arising hereunder concerning the physical
fitness of such pilot shall be settled in accordance with
Section 16.
(B) SENIORITY LIST
(1) January 1 of each year, the Company shall make a seniority
list compiled in accordance with this Section, readily
available to pilots. Such a list shall be known as the
Pilots' System Seniority List and shall contain the names of
all pilots entitled to seniority whether active or inactive
and the date of such assignment of each pilot.
(2) All pilots shall be listed on the Pilots' System Seniority
List and each pilot shall be permitted a period of sixty
(60) days after posting of such list in which to protest in
writing to the Company any omission or incorrect posting
affecting such pilot's seniority.
(3) In the event such pilot does not file a protest with the
Company within such sixty (60) days, he/she shall not
thereafter be entitled to file such protest.
(C) PROBATIONARY PERIOD
(1) Pilots shall be on probation for a period not to exceed one
(1) year from date of the pilot?s first completed simulator
proficiency check; however, such probationary period shall
not exceed fifteen (15) months from date of initial
employment as a pilot with TWA. Probationary pilots
returning from a leave of absence or furlough shall be
required to serve the remaining portion of his/her
probationary period, if any, or three (3) months, whichever
is greater. Nothing in this Agreement shall be construed to
prevent the Company from releasing, furloughing or
reemploying a pilot during this probationary period,
109
SECTION 17(C)(1), cont.
regardless of his/her position on the Pilots' System
Seniority List.
(2) Notwithstanding any other provisions of this Agreement, the
Company shall not be required to honor a flight deck crew
member's bid for category vacancies effective prior to the
completion of the pilot's probationary period; however, such
pilot shall be afforded displacement prerogatives under
Section 19.
At initial employment, the pilot shall make an election as
to a category preference and insofar as possible, such
pilot?s request will be honored on a seniority basis,
provided, however, that no pilot upon initial employment
shall fill a category vacancy on a small widebody as defined
in Section 31(FF) unless all pilots on the seniority list
have had an opportunity to bid and be awarded such a vacancy
on the basis of seniority.
110
SECTION 18
LEAVES OF ABSENCE
(A) PERSONAL LEAVE
(1) Except for leaves beginning in the bid months of July,
August and December, the Company shall grant up to five
percent (5%) of the pilots in a category a leave of absence
for any period measured in thirty (30) day increments up to
a maximum of five (5) years. For the second and subsequent
personal leave requests, the Company may consider the
requirements of service. When such leaves are granted, the
pilot shall retain and shall continue to accrue seniority
during such period, provided that during such period the
pilot maintains his/her appropriate pilot's certificate or
certificates required for his/her status. If, during any
leave the pilot shall permit his/her appropriate pilot's
certificate or certificates, required for his/her status to
lapse, his/her seniority shall accrue only to the date of
such lapse.
(2) A pilot shall be granted a leave of absence for a period not
to exceed four (4) years to accept a position with the
Association, or to perform any duties relating to Council
Activities, or to accept an executive position with any
agency of the Federal Government, directly connected with
aviation. Notwithstanding the foregoing, a pilot shall be
granted a leave of absence for a period not to exceed eight
(8) years to accept a position as an elected full time
Officer of the Air Line Pilots Association, International.
Such pilot will continue to accrue all seniority and
longevity credit for pay purposes while on such leave of
absence, provided that during such period the pilot
maintains his/her appropriate pilot's certificate or
certificates required for his/her status.
(3) Notwithstanding the above, the Company shall offer leaves of
absence to all pilots prior to furloughing any pilot. Such
leaves shall be granted subject to the following:
(a) A minimum of ninety (90) days per leave, and then in
increments of ninety (90) days up to a maximum of two
(2) years.
(b) For each furlough, leaves shall be granted in a number
equal to the number of pilots to be furloughed, but in
no case shall the Company be required to grant more
than a total of thirty (30) leaves per furlough.
(c) Leaves, in (b) above, shall be offered equally among
Captains, First Officers, and Flight Engineers in
order of seniority within each status.
(d) Pilots desiring a leave of absence under this Section
18(A)(3) must notify the Managing Director of Flight
Operations by telegram within thirty (30) days of the
date a future furlough is announced, however, in no
case shall the Company be required to grant a leave if
the pilot has not requested such leave prior to twenty
(20) days of the effective date of such furlough.
(e) In the event pilots returning from leaves of absence
would cause other pilots to be furloughed, additional
111
SECTION 18(A)(3)(E), cont.
leaves of absence shall continue to be offered as in
(a), (b), and (c) above.
(f) Upon the recall of all furloughed pilots, leaves of
absence shall be subject to cancellation, by
increment, in order of inverse seniority and in equal
number in each status.
(g) Pilots on leave of absence under this Section 18(A)(3)
shall be considered to be in active service for the
purpose of administering Section 4(F)(6).
(h) In the event that an announced furlough is averted, a
leave of absence granted under this Section 18(A)(3)
and contingent upon such furlough may be subject to
cancellation.
(i) All pilots granted a leave of absence from the
Company shall file proper addresses with Trans
World Airlines' Flight Operations Department.
Any change in address must be supplied to the
same department immediately.
(4) All pilots shall be eligible for personal leave under the
Family And Medical Leave Act of 1993 (FMLA) after twelve
(12) months of continuous active service with the Company.
Notwithstanding the provisions of the FMLA, the following
shall apply to pilots under the Agreement:
(a) The Company shall not require a pilot to substitute
sick leave or vacation for unpaid leave taken under
the FMLA without the written consent of the pilot.
(b) Pilots shall continue to accrue seniority and
longevity under the Agreement for the period of any
FMLA leave.
(B) MEDICAL LEAVE
When leaves are granted on account of sickness or injury, a pilot
shall retain and continue to accrue seniority whether or not
he/she is able to maintain his/her appropriate pilot's certificate
or certificates required for his/her status, until such pilot is
able to return to duty or is found to be unfit for such duty
except that in no case shall leaves for sickness or injury exceed
a total continuous period of five (5) years, commencing from the
date the pilot first goes on sick leave, or if the pilot has
exhausted sick leave, commencing at the time the pilot is first
disabled. Return to duty after a leave granted under this
paragraph shall be subject to a reasonable qualifying period not
to exceed six (6) months.
(1) During the period a pilot is on leave as provided above, the
Company may require the pilot to submit to a Company
physical examination at least once each twelve (12) months.
When such examination is scheduled by the Company at a
location other than in the immediate area of the pilot's
residence, the Company shall furnish transportation and
reasonable actual expenses for the pilot, and shall make a
reasonable effort to schedule such examination at the
pilot's convenience.
112
SECTION 18(B)(2)
(2) A pilot shall be eligible to return to active service
whenever a pilot's leave has not exceeded a period of five
(5) years, as provided above, the pilot shall be eligible
for return to active service with the Company in a flight
deck operating crew position available to him/her,
consistent with the physical standards provided in Section
16(A)(4), subject to the limitations provided in (B)(4) and
(5) below.
To be eligible to return to active service, the pilot's
medical certificate may not contain any operational
limitation which would prevent the pilot from being
routinely scheduled for flight duty, and further such
pilot's medical certificate must be applicable to general
commercial aviation.
(3) In the event a pilot elects not to exercise the displacement
prerogatives provided in Section 19(A)(3), henceforth the
pilot shall not be eligible for return to active service
with the Company unless the pilot possesses a first class
FAA medical certificate.
(4) In the event a pilot elects not to return to active service
with the Company at any time that he/she is able to maintain
a second class FAA medical certificate as described in
Section 16(A)(4), henceforth such pilot shall not be
eligible for return to active service with the Company
unless he/she possesses a first class FAA medical
certificate.
(5) A pilot on medical leave under this Section will be entitled
to remain for a period not to exceed five (5) years in the
Company's Group Insurance program.
(C) MILITARY LEAVE
(1) Upon notice, any pilot shall be granted military absence or
leave, without pay, as provided by effective federal
regulations applying thereto.
(2) Upon return to active flight status, reemployment rights and
benefits shall be governed by and limited to the protection
afforded in the Uniformed Services Employment and
Reemployment Rights Act of 1994, as amended, 38 U.S.C. ?4301
et seq.
(3) A pilot granted an excused absence under this paragraph
(C)(3) for a weekend drill, annual service requirement,
other military requirement, or military leaves of absence
(31 days or more) shall upon request by the Company provide
a copy of his/her orders.
(4) A pilot under (C)(1) whose military absence is for fewer
days than the length of his/her awarded trip shall have
his/her month?s pay guarantee reduced by the number of days
of the original trip multiplied by the daily average, and
shall have the following options:
(a) Split the trip once at the domicile and fly one (1) of
the two (2) portions, provided such splitting
113
SECTION 18(C)(4)(A), cont.
generates no additional penalty time/pay beyond the
original trip; or
(b) Drop the entire trip with no further action provided
the pilot's projection is not below guarantee; or
(c) Drop the entire trip, and become available for a Class
"M" balance for the number of days of the original
trip over and above the military absence days taken.
In accordance with Section 9(D)(1)(b), a Class "M"
pilot may enter balance preferences at any time by
telephone contact or voicemail with CCS, or the CAMS
free-form balance request (JXMVP). [E.g. A five day
trip is dropped for two days of military absence, the
pilot would be available for three days (M3) of
flying.]
(D) GENERAL
(1) Any dispute arising hereunder concerning the physical
fitness of the pilot concerned shall be settled in
accordance with Section 16.
(2) A pilot on leave shall not, without prior written permission
of the Company, engage in aviation employment and, in no
case, shall engage in employment which may bring discredit
upon the Company.
(3) Return from leave shall be accomplished as set out in
Section 17(A)(10).
(4) A pilot returning from leave of absence will be paid, during
any necessary requalification period, at the rate
appropriate to the pilot's category at the time he/she
returns to duty with the Company; provided, that a pilot who
returns from a personal leave of absence, as defined above,
in excess of six (6) months duration will be paid at the
current rate for the category he/she held at the time of
commencement of the personal leave.
(5) All pilots granted a leave of absence from the Company shall
file proper addresses with Trans World Airlines' Flight
Operations Department and the Air Line Pilots Association.
Any change in address must be provided to the Company and
the Association.
(6) A pilot on leave under Section 18(B) or (E) may apply for
any open position with TWA, subject to the requisite
qualifications. A pilot shall have a preferential
opportunity for the position over non-employee applicants.
Except for Sections 1(C), 1(D), 17(A)(9) and 17(A)(10), the
provisions of this Agreement shall not apply to a pilot who
accepts another position within the Company while on leave
under Section 18(B) or (E).
(E) MATERNITY
(1) A flight deck crewmember, upon discovery that she is
pregnant, shall promptly notify the Company. Such pregnant
flight deck crewmember who continues to meet the standards
of Section 16(A)(4) will be permitted, but not required, to
114
SECTION 18(E)(1), cont.
continue in service as an active flight deck crewmember
through her twenty-fourth (24th) week of pregnancy. A
pregnant pilot who elects to continue in active flight
status must submit to the Company, prior to her next flight,
a written medical release from her physician confirming her
medical fitness to perform as an active flight deck
crewmember for the following six (6) week period.
Thereafter, she must continue to submit a written medical
release from her physician confirming her medical fitness to
perform as an active flight deck crewmember for each
following six (6) week period. Should the pilot elect to
withdraw from active flight status due to her pregnancy
prior to her twenty-fourth (24th) week, she shall
immediately notify the Company.
(2) A flight deck crewmember who has ceased to perform flight
duties pursuant to paragraph (1), above, shall utilize her
accumulated sick leave and, upon exhaustion of her sick
leave, be placed on a medical leave of absence for the
remaining term of her pregnancy and for a period of up to
six (6) weeks following the birth of the child or eight (8)
weeks, if delivery is by cesarean. While the flight deck
crewmember is on paid or unpaid leave, she shall be entitled
to the same terms and conditions of employment as would be
applicable to any other illness or disability.
(3) A flight deck crewmember covered by this paragraph (E) is
expected to return to active flight status within six (6)
weeks following the birth of the child or eight (8) weeks,
if delivery is by cesarean, unless she is unable to return
for reasons due to her health, in which case, the provisions
of the Agreement pertaining to the use of sick leave and the
granting or extending of a medical leave shall be
applicable. A pilot who makes written application prior to
the end of six (6) or eight (8) week period in paragraph (2)
above, shall be granted a personal leave of absence from the
conclusion of their sick leave or medical leave of absence
through the end of the sixth (6th) calendar month following
the month in which the child was born.
(4) Return to active service in a flight deck operating crew
position shall be subject to the provisions of Section 18(B)
and Section 17(A)(10).
(F) PATERNITY ABSENCE
(1) A pilot whose spouse is pregnant shall be granted a maximum
of fifteen (15) days continuous, paternity absence for
normal delivery [twenty-one (21) days, if delivery is by
cesarean], commencing on the date of delivery.
(2) A pilot who adopts a dependent child not currently living in
the pilot's home shall be granted a maximum of fifteen (15)
days continuous, paternity absence, commencing on the date
of adoption.
(3) A pilot whose spouse is pregnant or who is adopting a
dependent child not currently living in his home may elect
to divert his monthly sick leave accrual to a paternity
bank. The pilot may accrue up to forty hours (40:00) in his
115
SECTION 18(F)(3), cont.
paternity bank. The sick leave bank and the paternity bank,
when combined, must not exceed one thousand hours (1000:00).
(4) A pilot may utilize his accrued paternity bank and/or earned
and accrued vacation provided that scheduled vacation
periods shall not be cumulative and shall be taken within
the calendar year, or he may be placed in a non-pay status.
Upon exhaustion of his paternity bank and/or vacation, the
pilot shall be placed on unpaid paternity absence for the
remainder of the fifteen (15) day period [twenty-one (21)
day period, if delivery by cesarean].
(5) Requests for this absence and the diversion of sick leave
accruals into a paternity bank must be accompanied by
medical and/or legal documentation. Such documentation must
be provided no later than the date of the requested absence
and/or diversion.
(G) PILOT ALTERNATE MONTH JOB SHARING PROGRAM
The availability of the Pilot Alternate Month Job Sharing Program
(the "Program") shall be announced in conjunction with the
furlough notice required by Section 20(B) and Section 18(A)(3).
In order to help avert a furlough, eligible pilots may voluntarily
elect to participate in job sharing which will consist of a period
during which a pilot will alternate monthly between flying (a
"work-month") and personal time off (a "PTO-month"). Individual
commitments to the job sharing program from participating pilots
will be required for a period of not less than four (4) months.
(1) Eligible Pilots: Pilots in the category which are in excess,
as determined by the Company, to the number of pilots
necessary to meet the staffing requirements for such
category group and who are not junior to a pilot being
actually furloughed.
(2) Participation: A pilot who wishes to participate in job
sharing must submit a Request for Job Sharing Form
indicating that pilot's agreement to participate in the
Program in accordance with the provisions listed herein and
the pilot's preferences (as listed below) regarding which
alternating months he/she wishes to work or have off.
Request for Job Sharing Forms will be kept on file by the
Company. Pilots may update or cancel their request at any
time provided that in order to be effective for any month,
the update or cancellation must be received by the Managing
Director, Crew Resources and Administration, not later than
the close of business on the sixth (6th) day of the month
preceding the month for which the pilot either wishes to
request job sharing or cancel job sharing. (Note: as
indicated below, a pilot may not voluntarily withdraw/cancel
his/her participation in the Program during the first four
(4) months.) To update a request a pilot must submit a new
Request for Job Sharing Form. A request may be canceled by
written notice to the Company.
116
SECTION 18(G)(2), cont.
Job sharing alternate month choices are:
(a) Flying during odd numbered months only (i.e. January,
March, etc.) alternating with PTO during even numbered
months (the "odd series").
(b) Flying during even numbered months only (February,
April, etc.) alternating with PTO during odd numbered
months (the "even series").
(c) No preference for an odd series or even series
rotation. The pilot will accept either series as
assigned by the Company.
A pilot may indicate on the Request for Job Sharing
Form his/her preference for odd series only, an even
series only, or a willingness to accept either but
with a preference for one series over the other. If a
pilot indicates odd series only or even series only,
such pilot will be awarded job sharing only if his/her
choice can be granted. If a pilot indicates a
willingness to accept either an odd or even series the
Company will, to the extent possible, comply with the
pilot's request.
(3) Awarding of Job Sharing Slots: The Company will balance the
requests for job sharing taking into account, to the extent
possible, pilots' preferences for an odd or even series. The
Company will award pilots job sharing in seniority order
within a category group for which job sharing is applicable
subject to the Company's ability to evenly balance
participants on odd and even series. For example, if the
only slot(s) available were for an odd series, a more junior
pilot who indicates a willingness to accept an odd series
would be granted job sharing while a more senior pilot who
requested job sharing, only if it could be granted for an
even series, would be denied job sharing.
The Company will determine each month the number of slots
which will be available for job sharing. Those slots shall
be filled first by pilots who are continuing participation
in the program and then by pilots who are requesting to
initiate participation in job sharing. A pilot once awarded
participation in the Program will not be involuntarily
removed from job sharing solely because a more senior pilot
has requested to initiate participation in the program.
(4) Withdrawal from Job Sharing: A pilot may voluntarily
withdraw from job sharing after his/her first four (4)
months of participation (i.e. two (2) work-months and two
(2) PTO-months). If TWA reduces the number of job sharing
slots available in any category, participants will be
removed from job sharing, to the extent possible, in inverse
seniority order subject to the maintenance of a balance
between odd and even series participants. Subject to the
foregoing, a pilot who has been awarded job sharing will
continue in the program until:
(a) Written notice from the pilot that he/she desires to
cancel his/her participation in job sharing. (The
written notice must be received by the Company no
117
SECTION 18(G)(4)(A), cont.
later than the close of business on the sixth (6th)
day of the bid month which will be the pilots last
month of participation in job sharing.)
(b) Notice from TWA to the pilot that his/her
participation in job sharing is being terminated. Such
notice may be given if an imbalance occurs among the
participants due to extended illness, resignations,
retirements, other terminations, a reduction in the
number of slots available to job sharing, etc.
Determination of the number of slots available for job
sharing shall be determined solely by the Company.
Notice to the pilot will be given no later than the
twelfth (12th) day of the month immediately preceding
the month for which participation will be terminated.
(c) A pilot entitled to sick leave pay or disability who
becomes ill or sustains an injury during a work-month
and who does not return to schedule prior to midnight
of the last day of that work-month, will be removed
from job sharing and maintained on sick
leave/disability until such pilot returns to active
flight status. When the pilot returns to active flight
status from any such absence, he/she will return to
full time service. Such a pilot may then reapply for
participation in job sharing.
(d) A pilot awarded a vacancy to a new status or domicile
will be removed from job sharing. Such pilot may then
reapply for job sharing based upon his/her new
category.
(e) A pilot who lacks sufficient seniority to continue to
hold a monthly bid (bid run or reserve) on the
equipment for which the pilot was awarded job sharing,
will be removed from job sharing.
(5) Bidding: A pilot participating in job sharing will bid in
the normal manner for his/her work-months. A pilot must be
available for work on the first day of his/her work-months.
(6) Scheduling:
(a) A pilot awarded reserve must be available for contact
on the first day of his/her work-month.
(b) A bid run holder is responsible to contact crew
schedule prior to the start of his/her work-month in
order to "OK" his/her line and be informed of any
balance trips which may have been assigned.
(c) All flight assignments (bid runs, trades, balance
flights, transitions, reserve flight assignments,
etc.) which report during the work-month but end
during the PTO-month will be flown to completion. PTO
will commence the day following the day in which the
last leg (whether working or deadhead) of the pairing
that extended into the PTO-month blocks in. Flights
extending over the end of the month may not be
dropped. All time flown in the PTO-month will be paid
in the PTO-month.
118
SECTION 18(G)(6)(D)
(d) A pilot participating in job sharing will continue to
have the ability to submit standing bids and to be
awarded vacancies.
(7) Other Provisions:
(a) A pilot will continue to accrue all seniority and will
retain insurance coverage and his/her normal pass
privileges during his/her PTO-month.
(b) A pilot will accrue vacation and sick leave in
accordance with Sections 14(B) and 15(C).
(c) A pilot who has authorized deductions to be taken from
his/her pay (i.e. for the credit union, savings bonds,
additional federal withholding, etc.), will continue
to have those deductions made as applicable for
his/her work-month. If a deduction is normally made
from an advance check, the deduction would continue to
be made from the advance check(s) issued during the
pilot's work-month. If a deduction is from the flight
check, the deduction will be made from the flight
check applicable to the work-month (e.g. if the work-
month is February, the flight check deduction would be
on the March flight pay check). Deductions will be
made from all flight checks to the extent there is net
pay to cover the deductions. The pilot is responsible
in the PTO-month for any required payments which would
normally be handled through payroll deduction.
(d) A pilot is responsible to ensure that he/she has
reviewed any bulletins and updated revisions to
his/her manual that were issued during the pilot's
PTO-month prior to reporting for his/her first flight
in a work month.
119
SECTION 19
VACANCIES AND DISPLACEMENTS
(A) General
(1) All changes in categories of pilots resulting from vacancies
and displacements, and from subsequent vacancies and
displacements resulting therefrom, shall be simultaneously
effected in accordance with procedures established in this
Section.
(2) Except as provided otherwise in this Agreement, this entire
Section 19 shall be subject to Section 17.
(3) Other bidding, displacing, and assignment provisions of this
Section 19 notwithstanding, a pilot who is unable to
maintain the medical certificate required by the FAA to
serve in his/her status, but who does secure a FAA medical
certificate as described in Section 16(A)(4), may be
afforded displacement options, subject to the limitations
prescribed in (4) below. This paragraph (3) shall be subject
to Section 16.
(4) Other provisions of this Agreement notwithstanding, the
bidding, assignment and displacement rights of any flight
deck crew member serving as such with a second or third
class FAA medical certificate shall be as follows:
(a) Displace a less senior pilot in accordance with normal
displacement procedures.
(b) If unable to displace as in (a) above, he/she shall be
subject to Section 18(B), provided, however, that no
provision of Section 15 (sick leave with pay) shall
apply to such pilot. While subject to the provisions
of Section 18(B), the pilot shall have the priority
right to bid and retain a flight engineer category
vacancy available to pilots in preference to any more
senior pilot who meets the physical standard for any
pilot status other than flight engineer.
(c) The pilot shall not be subject to the provisions of
Section 6(B) of the Agreement.
(5) Except as hereinafter provided, all changes in categories of
pilots shall be made from the Standing Bids or FAX Bids of
pilots who file such bids with the Company.
(6) An electronic file of Standing Bids shall be maintained by
the Company and controlled by the TWA Flight Operations
Department. It is the responsibility of each pilot to keep
his/her Standing Bid current with his/her desires. The
standing bid format shall be mutually agreed upon and
considered as being a part of the pilots' Agreement and that
the instructions and prerogatives listed thereon shall be
binding to both parties.
(7) A Standing Bid may be changed only by the pilot and shall
not be canceled by the Company.
(8) Annual Manpower Planning Message: A manpower planning
message will be electronically available in the fourth
quarter of each calendar year. This message will be
informative only and will estimate: (1) the next year's
120
Section 19(A)(8), cont.
flying levels; (2) category targets; (3) staffing complement
in each category; (4) seniority projections for individual
categories; and (5) anticipated vacancies.
In the event the annual flying information is unavailable,
this message may be postponed with the concurrence of the
System Schedule Committee Chairman.
(B) FAX Bids
(1) A pilot who does not have a Standing Bid on file expressing
his/her current preferences may send a FAX to the Managing
Director-Crew Resources and Administration. Any such FAX,
whether for the purpose of bidding a vacancy, requesting
assignment, or exercising displacement prerogatives, shall
hereinafter be referred to as such pilot's "FAX Bid". FAX
bids apply exclusively to the current Bid Message and expire
simultaneously with the Bid Message.
(2) A FAX Bid shall specifically describe the pilot's
preferences and shall, where appropriate, refer to the
number of the Company's bulletin announcing a vacancy or
displacement which resulted in such FAX Bid. Said FAX
signature shall include the pilot's current category,
payroll number and system seniority number.
(3) It is the responsibility of a pilot to file a FAX Bid before
the bulletined deadline date of any vacancy or displacement
affecting such pilot if he/she does not have a Standing Bid
on file. Absent a Standing Bid or FAX Bid, the default bid
procedure of Section 19(D)(2) below shall control.
(4) Any pilot's FAX Bid will automatically pre-empt his/her
Standing Bid whether or not such FAX Bid results in a change
in his/her category. Standing Bids may not be filed or
revised by FAX Bid.
(C) Bid, Assignment, and Displacement Bulletins
(1) The Company shall publish bulletins announcing vacancies,
displacements, and assignment of pilots resulting from such
vacancies and displacements. All such bulletins shall be
numbered consecutively during a calendar year, and they
shall be transmitted expeditiously to, and posted without
delay at all domiciles, training centers, all overseas
layover stations and satellites.
(2) A bulletin announcing a vacancy or displacement will state
the effective date, the categories involved, the cause of
the vacancy or displacement, the name and seniority number
of the pilot(s) displaced and the closing date of the bid
message. The closing date shall not be less than seven (7)
days from the date such bulletin is posted.
(3) A bulletin announcing the results of all bidding for, or
assignments to, permanent vacancies, and announcing all
displacements, shall be transmitted within five (5) business
days after the specified deadline and shall refer, where
appropriate, to the bulletin number which announced such
vacancy, displacement, or assignment. Such announcement
bulletin shall be posted as stated in (C)(1) above and will
121
Section 19(C)(3), cont.
state the effective date, the categories involved, and the
name and seniority number of the successful bidders, pilots
displaced, or pilots assigned.
(D) Permanent Vacancies
(1) Subject to (A)(1) of this Section, a permanent vacancy in a
category shall exist and shall be bulletined in the manner
specified in Section 19(C)(2) above and filled whenever:
(a) The total monthly flying time and/or need for reserve
duties in any category is altered resulting in an
increased requirement or,
(b) Annual Seniority Realignment Bid: Notwithstanding
(D)(1)(a), vacancies will be bulletined for each
category that had less than three percent (3%) of
total staffing awarded bids throughout the preceding
calendar year. The number of such vacancies to be
bulletined shall be no less than three percent (3%) of
each affected category, rounded to the next highest
number, based on the category staffing levels at the
time of the Annual Seniority Realignment Bid message.
This Realignment Bid shall be bulletined in January
with a future effective date no later than 1 May of
the same year.
(2) Bidding for Permanent Vacancies:
(a) Pilots shall be afforded the right to bid for category
vacancies on a seniority and percentile basis. Subject
to Section 6(C) and Section 19(K), bid awards shall be
in accordance with the seniority percentile
preferences indicated by the pilot.
(b) Pilot bids shall be considered in seniority order and
each pilot's bid shall be determined before
considering the next junior pilot's percentile bid. A
pilot's percentile bids shall be considered in
preference order. The number of pilots already awarded
a bid in the instant pilots desired category plus one
(1) (to account for the instant bidder) shall be
divided by the total number of pilots already holding
bids in the category plus the remaining number of
vacancies published for bid (the "resultant
percentile"). If the resultant percentile is equal to
or less than the pilot's indicated percentile
preference, the pilot shall be awarded the bid. If the
resultant percentile is greater than the pilot's
indicated percentile, the pilot will not be awarded
the bid and each of the pilot's remaining preferences
will then be considered in order until the pilot is
awarded a bid. When a pilot is awarded a category bid
pursuant to a percentile bid, all inferior percentile
preferences are thereafter disregarded. If a pilot
indicates insufficient percentile preferences (the
pilot is too junior to hold any of his/her percentile
bids indicated), then he/she shall be awarded a
category bid in accordance with the Default Bid. All
percentile bids must be in whole numbers (e.g. not
60.7%).
122
Section 19(D)(2)(c)
(c) When a pilot is awarded a category bid, that pilot is
not guaranteed that his/her resultant percentile and
seniority on his or her category award will remain
constant over time. After the pilot receives the
category bid award, the resultant percentile is
thereafter disregarded and serves no further purpose.
(d) There shall be equipment ranking from highest to
lowest as follows:
B757/B767/A321
B737/A319/A320
MD8
DC9
B727
At such time that an equipment type other than those
listed above is introduced, the parties shall meet and
agree on the ranking of such equipment within thirty
(30) days of the announced order of such equipment.
(e) If a pilot fails to bid or insufficient choices are
posted on the pilot's standing bid or FAX Bid, the
pilot's bid preference shall be assumed and awarded in
the following order, seniority permitting:
(i) Present category, (i.e. B757/B767 Captain STL).
(ii) Current status and next lower equipment at
his/her domicile (next lower category) in
accordance with the following order, (i.e.
B757/B767/A321 Captain STL to MD8 Captain STL).
(iii) Current status in the equipment order above, in
any domicile.
(iv) The next lower status in the equipment order
above, at his/her domicile.
(v) The next lower status in the equipment order
above, in any domicile.
(f) A pilot shall be trained to effect his/her bid award
to a permanent category in accordance with Section
6(A)(1)(c).
(3) Filling vacant categories
Subject to (a) and (b) below, when a category remains vacant
as a consequence of insufficient bidders after an advertised
bid message, the least senior First Officer on the system
shall be assigned to fill a Captain vacancy in a category
and the least senior Reserve Officer with First Officer
qualifications on the system shall be assigned to fill a
First Officer vacancy in a category and the least senior
Reserve Officer with Flight Engineer qualifications on the
system shall be assigned to fill a vacancy in the Flight
Engineer status in a category.
(a) A pilot aged fifty (50) or older may voluntarily
bypass upgrade training to Captain or First Officer.
123
Section 19(D)(3)(a), cont.
Once exercised, such pilot will be restricted to
his/her current status until the age of sixty (60),
and his/her current equipment to age sixty (60) if a
widebody aircraft or for five (5) years if his/her
current equipment is a narrowbody aircraft. Once the
pilot qualifies on a widebody equipment type he/she
shall be restricted until age sixty (60). If the
pilot's current equipment is no longer flown at
his/her domicile, such pilot shall be allowed an
opportunity to qualify on new equipment in his/her
status at his/her domicile.
(b) The Company may, at its option, allow any First
Officer who is forty-five (45) years of age or older
at the time upgrading training is offered, to decline
such training. A Flight Engineer forty-five (45) years
of age or older may decline such upgrading training.
(4) Contingent Captain and Contingent Flight Engineer Vacancies
(a) General
The Company may at its option establish contingent
vacancy bid positions in any Captain or any narrowbody
Flight Engineer category. The Company may assign a
Captain contingent vacancy bid holder as needed to fly
as a Captain or First Officer and the contingent bid
holder so assigned shall continue to receive Captain
pay. The Company may assign a Flight Engineer
contingent vacancy bid holder as needed to fly as a
Flight Engineer or First Officer. Such Flight Engineer
shall be paid as a First Officer when so assigned. All
flight assignments shall be in accordance with Section
12 except when a contingent pilot bids and is awarded
a bid run pursuant to Section 19(D)(4)(e) below.
(b) Definitions
For purposes of this Section 19(D)(4) only:
(i) "Basic status" means the status of the category
bid award associated with a contingent vacancy
(i.e. the basic status associated with a
"Contingent Captain" bid award is Captain; the
basic status associated with a Contingent Flight
Engineer is Flight Engineer).
(ii) "Alternate status" means the status of First
Officer when associated with a contingent pilot
(i.e. the alternate status associated with a
"Contingent Captain" bid award is First Officer;
the alternate status associated with a
Contingent Flight Engineer is First Officer).
(iii) "Status change" means the movement by the
Company of a contingent pilot from the basic
status to the alternate status or from the
alternate status to the basic status.
124
Section 19(D)(4)(c)
(c) Pay
(i) Contingent Captains shall receive the Captain's
rate of pay at all times. Section 4(C)(4) of the
Agreement shall not be applicable to Contingent
Captains.
(ii) Contingent Flight Engineers shall receive the
Flight Engineer rate of pay and guarantee except
when assigned to fly as First Officer which
shall be paid at First Officer rate of pay.
Section 4(C)(4) of the Agreement shall be
applicable to Contingent Flight Engineers.
(iii) Section 4(C)(5) shall apply to contingent
Captains and contingent Flight Engineers.
(d) Special Characteristics and Limitations
(i) Contingent vacancies shall be considered
permanent separate categories for purposes of
Section 19 of the Agreement. For all other
purposes, except as stated by this Section
19(D)(4), a contingent shall be considered as a
bid position within the basic status.
(ii) Displacements
Pilots holding any category award may, through
the displacement process, bid and be awarded
contingent vacancies, seniority permitting.
E.g., a 727 Captain (STL/CAP/727) may displace
into a 727 Contingent Captain (JFK/CCP/727)
position. However, a category bid award holder
must affirmatively bid a contingent vacancy to
be awarded it (no pilot will be awarded a
contingent bid as a result of a default bid).
(iii) The Company's discretion to publish contingent
vacancies and award contingent bids is limited
by the number of First Officers in the category.
The following table shall control:
---------------------------------------------------
Number of First Maximum Associated
Officers in the Contingents:
Category:
---------------------------------------------------
Up to fifty (50) Four (4)
---------------------------------------------------
Fifty-one to one Six (6)
hundred fifty (51-150)
---------------------------------------------------
Above one hundred fifty Five percent (5%), capped
(150) at fifteen (15).
---------------------------------------------------
(iv) In no event shall the number of contingents
exceed the number of reserve schedule holders in
the basic status except at the LAX and SFO
domiciles. At LAX and SFO, the following shall
apply:
(aa) When there are thirty-five (35) or more
bid runs in a category at either domicile,
125
SECTION 19(D)(4)(D)(IV)(AA), cont.
the above exception shall not apply to
that domicile.
(bb) Pilots temporarily assigned after the bid
closing must be awarded a supplemental bid
run.
(v) The Company is not obligated to publish any
minimum number of contingent vacancies.
(vi) Contingent pilots shall not be counted for the
purposes of target calculations. Subsequent to
the bid award process, contingent pilots shall
be counted as a reserve schedule holder for the
purposes of Sections 9(E)(3) and 10(B)(9).
(e) Monthly bidding
Contingent bid holders shall be reserve pilots
eligible to bid only reserve schedules. Whenever it is
known, prior to monthly bid closing that he/she will
be utilized in the alternate status (First Officer)
for the entire month, he/she shall be able to exercise
his/her full seniority for bidding purposes.
(f) Status Changes
(i) The Company may status change a contingent pilot
not more than four (4) times during any bid
month, not including status changes caused by
additional flying or OFR. Mid-pairing status
changes shall not be permitted. Contingent
pilots may additional fly or OFR only in the
status as of the time the pilot indicates
his/her availability and is awarded additional
flying or OFR. The Company shall not status
change a pilot solely to allow him/her to
request additional flying or OFR.
(ii) The Company shall notify the pilot via telephone
and CAMS (JXCAP) of any changes in his/her
contingent assignment.
(g) Reserve Rules
(i) Segregated reserve lines for Contingent Captains
and Contingent Flight Engineers will be
published for monthly bidding. Duty Free periods
will be awarded in accordance with Section
12(D)(2)(a) and (c).
(ii) There shall be no dual status reserves except at
the SFO and LAX domiciles.
(iii) Contingent Flight Engineers shall be status
changed in accordance with seniority and
availability. Contingent Captains shall be
status changed in inverse order of seniority and
availability unless a more senior Contingent
Captain requests the status change.
126
SECTION 19(D)(4)(G)(IV)
(iv) The Company may status change a basic Flight
Engineer prior to status changing a basic
Captain.
(h) Bidding Restrictions
A pilot's bid from any Flight Engineer category to any
Contingent Flight Engineer category shall be
considered an "upward status bid" for purposes of
Section 19(K) of the Agreement. However, a Contingent
Flight Engineer shall not be restricted from bidding
any First Officer category vacancy on the same
equipment as he/she holds in the Contingent Flight
Engineer category.
(i) The Company's obligation to train/maintain currency of
experience.
(i) In the event that a Contingent Flight Engineer
has not been trained to fulfill his bid award in
both the basic and alternate status within
forty-five (45) days after the effective date of
his/her bid, the contingent pilot shall not be
restricted to reserve and may bid his/her full
seniority in the basic status until such time as
the pilot is fully trained.
(ii) In the event that a Contingent Flight Engineer
has not been used in the basic or alternate
status within any ninety (90) day period, the
contingent pilot shall not be restricted to
reserve and may bid his/her full seniority in
the basic status, until requalified.
A Contingent Flight Engineer who must requalify
as a First Officer in any training device shall
be paid as a First Officer for such
requalification training.
(iii) Any pilot who is a successful bidder for a
permanent category vacancy in a different
domicile shall be considered as transferring at
the pilot's request for the purpose of Section
13, and will not be entitled to moving and
relocation expenses. A pilot assigned to a
permanent category domicile vacancy in a
different domicile in accordance with Section
19(D)(3) shall be considered as transferring at
Company request, and the provisions of Section
13 will apply.
(5) Declining A Bid
A pilot shall be afforded the option to decline a bid,
except a displacement bid. Such pilot shall notify his/her
Regional Chief Pilot in writing within ten (10) days after
the bid results are posted of his/her desire to exercise
this provision. When a pilot exercises this provision the
Company will be obligated to fill such vacancy within the
guidelines set forth in Section 19(E)(4) below. A pilot
electing to decline a bid in accordance with this provision
127
SECTION 19(D)(5), cont.
shall remain in his/her present category. Such pilot shall
be eligible to bid for any category twelve (12) months after
declining the bid, subject to bid vacancies being available
and seniority permitting.
(E) FUTURE EFFECTIVE BIDS
(1) Future effective bids shall not be bulletined more than ten
(10) months in advance.
(2) In the event of a change in future effective bid requirement
effective dates, pilots who have been awarded future
effective bids may be advanced or deferred as follows:
(a) Bids will be advanced in accordance with seniority
order of pilots awarded the earliest effective date,
except that the most senior pilot holding any future
effective date bid who expresses a desire to be
advanced to the earliest possible date may do so
provided he/she is qualified or it is practicable for
the Company to qualify such pilot for the earlier
effective date. Advancement of bids shall be subject
to paragraph (2)(c) below.
(b) Bids will be deferred in accordance with inverse
seniority order of pilots awarded bids on the date
immediately preceding the date to which the bids are
being deferred.
(c) A pilot who bids and is awarded a future effective
bid, for a specific date but who is senior enough to
have been awarded an earlier future effective bid,
will not be advanced unless he/she is the most junior
future effective bid holder in the month from which
bids are being advanced.
(d) If either paragraph (2)(a) or (2)(b) above is
utilized, the junior pilot holding a future effective
bid for that category may be deferred or his/her bid
canceled.
(3) Pilot Options in the Event of Bid Cancellation
In the event that a pilot's future effective bid is canceled
by the Company ("the instant pilot") and other future
effective category bids were awarded to pilots subsequent to
the award date of the canceled bid and prior to the date of
cancellation ("subsequent bid"), then the following
provisions shall apply:
(a) The instant pilot shall have the option to remain in
his/her current category, seniority permitting, and
the Section 19(K) restriction of the canceled bid
shall be waived; or
(b) If but for the Section 19(K) restrictions the instant
pilot would have been awarded a subsequent bid
according to his/her standing bid and provided a
junior pilot ("junior pilot") was awarded such bid,
the instant pilot may elect to be placed into such
subsequent bid. Such instant pilot will assume the
128
SECTION 19(E)(3)(B), cont.
effective date of the subsequent bid. All Section
19(K) restrictions associated with the subsequent bid
award shall apply. Such instant pilot will not be
entitled to moving expenses under Section 13. No such
junior pilot shall have his/her future effective bid
canceled as a result of an action taken under this
paragraph.
(4) Replacement Future Effective Vacancy
(a) A replacement future effective vacancy may be awarded
when a pilot, who has been awarded a future effective
bid in accordance with this Section 19, utilizes
Section 6(A)(6), and shall be awarded when a pilot
utilizes Section 19(D)(5) of the Agreement to vacate
such future effective bid award.
(b) Eligibility of pilots for a replacement future
effective vacancy shall be determined by utilizing the
standing bids that were on file at the time the
original future effective bid was closed. The award of
the replacement future effective vacancy shall be in
accordance with the applicable provisions of the
Agreement except that the pilot awarded the
replacement future effective vacancy shall have a one
time option to accept or reject the award. The pilot
awarded the replacement future effective vacancy shall
not be subject to any restrictions due solely to
his/her instant election to reject the replacement
future effective vacancy award.
(c) The award of the replacement future effective vacancy
regardless of the pilot's election to accept or reject
such replacement vacancy shall fulfill the Company's
obligation under paragraph (4)(a) above. In the event
the pilot awarded the replacement future effective
vacancy rejects the award, the Company may continue
the process until the replacement future effective
vacancy is filled.
(d) The Company may backfill any subsequent vacancy
created by the award of a replacement future effective
vacancy. A backfill vacancy shall be awarded in the
same manner as the future effective replacement
vacancy and pilots awarded such backfill vacancy shall
be afforded the same rights of refusal.
(e) The System Schedule Committee will be notified of any
pilot(s) awarded replacement future effective or
backfill bids.
(F) TEMPORARY VACANCIES
(1) A temporary vacancy in a category shall exist whenever it is
anticipated that a pilot holding a permanent bid in the
category will be unavailable for flight duty for a period of
ninety (90) days or less, or an increase in requirements
subsequent to the closing of the monthly bid period. In such
event, unless the Company provides sufficient pilots in the
category to protect open time caused by the temporary
129
SECTION 19(F)(1), cont.
unavailability of a pilot, it shall be filled as follows for
any period not exceeding ninety (90) days:
(a) The Company may temporarily assign the most senior
pilot(s) (in descending order) in the category at
domicile(s) with excess pilots who has a standing bid
on file, and in the absence of any such pilot(s) then
the least senior pilot(s) in the category at the
domicile(s) with excess pilots shall be temporarily
assigned. Such pilot shall be entitled to expenses
under Section 7(A)(4), and automobile expenses under
Section 13(A) when approved by the Company.
(b) If a temporary vacancy is not filled as in (1) above,
it may be filled pursuant to Section 19(D)(4),
Contingent Vacancies.
(c) In filling a vacancy under (a) above, the availability
of pilots shall be duly considered.
(d) Notwithstanding the ninety (90) days or less
restriction of (1) above, whenever a permanent vacancy
filled by a pilot not possessing Captain
qualifications creates a temporary shortage of pilots
in such permanent status at the domicile, the Company
may alleviate the shortage by filling the vacancy
temporarily in accordance with (1) above during the
period the pilot is upgrading to Captain
qualifications. This provision shall apply even though
such period may be ninety (90) days or longer, but no
pilot shall be temporarily assigned involuntarily for
longer than ninety (90) days if a more junior pilot
who is Captain qualified is then available for such
assignment.
(2) Subject to (1)(a) above, a pilot awarded a bid run or
reserve schedule for a temporary vacancy will remain to
complete such assignment but will not forfeit any bidding
rights.
(3) A pilot temporarily assigned to a category will be used the
same as permanent bid run or reserve schedule holders in
such category at the assigned domicile, and shall be
entitled to the same scheduling rights as other pilots in
his/her assigned category at a domicile.
(4) Reserve pilots may be given single trip assignments which
shall not be considered temporary assignments. Pilots
assigned in accordance with this provision will receive pay
and credit calculated from departure from domicile to return
to domicile.
(G) DISPLACEMENTS OF PILOTS
(1) Subject to Section 19(A)(1) and paragraph (3) below, a pilot
may be displaced from his/her category whenever the total
monthly flying time and/or need for reserve duties in that
category is altered resulting in a decreased requirement.
(2) If a pilot has not indicated a preference for exercise of
his/her displacement prerogative, either by Standing Bid or
130
SECTION 19(G)(2), cont.
by Fax Bid, the pilot shall at the deadline date of his/her
displacement automatically be displaced to the default bid
procedure, described in Section 19(D)(2)(e) above.
(3) Subject to paragraph (2) above, a displaced pilot has the
prerogative to displace a pilot in any category, provided
he/she is senior to such pilot.
(4) Once the pilot has indicated his/her displacement
prerogative, the Company shall effect the displacement of
the most junior pilot in the category or, in the
alternative, create a vacancy in that category for the
displacing pilot, provided the pilot is senior to the most
junior pilot in the category.
(5) In the event of displacements within a domicile, any
temporary bid run or reserve schedule holders or assignees
will be displaced before any permanent bid run or reserve
schedule holder.
(6) The domicile to which a pilot is assigned or successfully
bids, upon completion of initial ground school and
transition training, will establish the pilot's first
domicile.
(7) In the event a bid displacement bulletin announces future
displacements in a bid category at a domicile, the least
senior pilot(s) shall be displaced from the category.
(8) Displacement Replacement Option: Whenever displacements are
announced in a category, any pilot in that category senior
to any pilot subject to the displacement message may elect
the displacement replacement option. At any time prior to
the deadline of the displacement, the more senior pilot may
exercise the same rights of displacement as any pilot who
would have been displaced. The pilot exercising the option
does so at the junior pilot's seniority. Pilots who elect
the Displacement Replacement Option are restricted from the
use of the provisions of Section 19(D)(5).
(H) AVERTING VACANCIES AND DISPLACEMENTS
Vacancies and/or displacements may be canceled or averted whenever
changes in requirements become known in advance of the closing
date of an announcement bulletin, as provided in Section 19(C)(3),
provided that such change in requirements will be effective within
a calendar month either side of such closing date.
(I) RESERVE OFFICER ASSIGNMENTS
(1) All reserve officers in excess of the number needed to fill
the requirements of the Company's operations may be assigned
to domiciles as designated by the Company, subject to the
following:
(a) Such assignment will be offered in order of seniority
to sufficiently qualified reserve officers at the
domicile or domiciles where the Company determines
that an excess exists.
131
SECTION 19(I)(1)(B)
(b) If an insufficient number of reserve officers at such
domicile or domiciles volunteer for such assignment,
the assignment will be made in inverse order of
seniority from among sufficiently qualified reserve
officers at such domicile or domiciles.
(c) The term "sufficiently qualified" shall refer to a
pilot who has all route and equipment qualifications
except for landing renewal, proficiency check or CQT.
It is understood that assignments under this paragraph
(I) are not for the purpose of filling bid vacancies.
(d) A reserve officer assigned as above will be entitled
to expenses as provided in Section 7 if such
assignment is for ninety (90) days or less; or to
expenses provided in Section 13, if such assignment is
for more than ninety (90) days.
(2) A reserve officer may request transfer to another domicile
reserve officer assignment. If such transfer is approved by
the Company, the expense provisions of paragraph (I)(1)(d)
above will not apply.
(3) All reserve officers must be awarded a category bid to a
status prior to one hundred twenty (120) days from date of
hire as a pilot.
(J) MUTUAL TRADES
The Company shall grant requests for a mutual trade of domicile in
accordance with the procedures and restrictions outlined below.
(1) Mutual trades shall be processed twice a year, once during
the second quarter and once during the fourth quarter of the
year.
(2) The Company shall have the option of when it will allow
trade requests to be submitted, when it will award the
trades and the effective date of any transfers. The Company
shall normally allow a minimum of fifteen (15) days for the
submission of mutual trades requests.
(3) Mutual trade requests will be processed from the Mutual
Trade standing bids (JXSBP) in CAMS.
(4) The Company shall not be required to grant any trade which
may generate training.
(5) Mutual trades shall only be granted between pilots in the
same status and equipment and shall be granted on the basis
of seniority, subject to qualifications and (4) above.
(6) Any trade granted in accordance with this provision is
irrevocable.
(7) No part of Section 13 shall apply to any pilot transferred
under this provision.
132
SECTION 19(K)
(K) RESTRICTIONS
(1) A pilot who is awarded a future effective bid that requires
more than three (3) days but less than ten (10) days of
training shall be eligible for a subsequent bid award
effective twelve (12) months after he/she is awarded the
bid.
(2) A pilot who is awarded a future effective bid that requires
ten (10) or more days of training shall be eligible for a
subsequent bid award effective twenty-four (24) months after
he/she is awarded the bid.
(3) A pilot who is awarded a future effective bid as a First
Officer on a small widebody aircraft that requires ten (10)
or more days of training shall be eligible for a subsequent
bid award effective twenty-four (24) months after he/she is
awarded such bid. During this restriction period, the
Company may disallow an upward status bid which would
otherwise be permitted by paragraph (4) below.
(4) A pilot with a current 19(K) restriction shall be eligible
for a bid award to a higher status without restriction;
however, a pilot who is awarded an upward status bid
pursuant to this paragraph shall carry the remainder of
his/her old category restriction to the new status and
equipment.
(5) A pilot who downbids to a lower status that will require
more than ten (10) days of training may be subject to a
thirty-six (36) month restriction from the date of the bid
award. During this restriction period, the Company may
disallow an upward status bid which would otherwise be
permitted by paragraph (4) above. The thirty-six (36) month
restriction specified herein shall not prevent a pilot who
downbids from being awarded an upgraded category vacancy on
the same equipment. The thirty-six (36) month restriction
shall be reduced by twelve (12) months or less, as
applicable, from the effective date such pilot commences
training to fill a category vacancy on the same equipment.
If a pilot downbids to a category vacancy on either the DC9
or the MD8, he/she shall receive the benefit of the reduced
restriction if he/she upgrades on either the DC9 or MD8.
(6) A pilot who bids to the DC9 or to the MD8 and who requires
differences training shall be eligible for a subsequent bid
award effective twelve (12) months after he/she is awarded
the bid.
(7) A pilot who is restricted under this Section 19(K) may bid
for and be awarded a category vacancy in the same status and
equipment to which he/she is currently restricted (e.g. JFK
757/767 CAP to STL 757/767 CAP).
(8) If a pilot is displaced from his/her current category and as
a result incurs initial/transition training, such pilot may
be subject to a displacement training restriction not to
exceed twelve (12) months from the date of the pilot's
displacement award announcement. Such restriction, if
imposed by the Company, shall only restrict a pilot from
being awarded any future category vacancy which requires
133
SECTION 19(K)(8), cont.
initial equipment qualification. This paragraph (8) shall
not affect a pilot's right to bid to a higher status as
described in paragraph (4) above.
(9) A pilot shall be eligible to bid and, subject to seniority,
be awarded a category vacancy thirty-six (36) months from
his/her date of hire as a pilot ("new hire pilot"). For the
duration of said restriction, the Company may disallow an
upward status bid otherwise permitted by paragraph (4) above
and the provisions of paragraph 10(c) below shall not apply
to new hire pilots.
(10) General
(a) For the purposes of this Section 19(K), a "day" means
a calendar day which includes only basic aircraft
ground school and simulator training. Time off between
such days of training is not included.
(b) The Company may, at its option, waive the restrictions
of this Section 19(K).
(c) The restrictions of Section 19(K) above shall not
restrict a pilot from receiving a bid award to the
B737 or A319/320/321 equipment types, seniority
permitting, ("restriction waiver") until the staffing
level for the respective equipment in the instant
status reaches seventy-five (75) pilots. (E.g., the
restriction waiver will cease for the Captain
categories on the equipment type when there are
seventy-five (75) Captains on the equipment type.) In
the event there is a twelve (12) consecutive month
period with no deliveries of equipment type, such
19(K) restriction waivers shall also cease. A pilot
receiving a bid award to the B737 or A319/A320/A321
will then be subject to the appropriate 19(K)
restriction.
134
SECTION 20
FURLOUGH AND EMPLOYMENT PROTECTION
(A) FURLOUGH AND EMPLOYMENT PROTECTION
(1) Pilots furloughed due to a reduction in force, on return to
duty shall be allowed, for seniority and longevity purposes,
all time accrued prior to such furlough. All such furloughs
shall expire at the end of ten (10) years from the effective
date of such furloughs. Reemployment shall be subject to the
furloughed pilot's passing a satisfactory physical
examination at the time of reemployment, and being in
possession of a valid airman's certificate as defined in
Section 31 of this Agreement. Notwithstanding the above, a
pilot who, at the time of furlough, was operating under less
than a first class FAA Medical Certificate will be allowed
to return to service provided the medical certificate which
he/she possesses at the time of recall is of at least the
same class certificate which he/she held at the time of
furlough and contains no additional waivers or limitations.
(2) Pilots employed as pilots prior to July 1, 1977 shall
continue to accrue seniority and longevity during the period
of furlough. Pilots employed as pilots after July 1, 1977
shall continue to accrue seniority and longevity for all
purposes except for longevity pay. Pilots with less than one
(1) year accrued longevity will continue to accrue longevity
for longevity pay purposes until such time that he/she has
accrued one (1) year of longevity.
(3) After reemployment the pilot shall be required to serve the
unexpired portion of his/her probationary period. All such
re-employed pilots shall be recalled to the domicile from
which he/she furloughed. If the domicile from which the
pilot was furloughed no longer exists, moving expenses will
be paid from such former domicile to the domicile to which
the pilot is recalled in accordance with the provisions of
Section 13 respecting transfers at Company request.
(B) In case of furlough, the Company will notify all pilots to be
furloughed at least thirty (30) days in advance of the effective
date of the furlough; except that the thirty (30) days notice
requirement shall not apply where the furlough is occasioned by
Act of God, circumstances over which the Company has no control,
or strikes or other work stoppages of employees of the Company.
The Company may require such pilots, who will be furloughed, to
perform normal flight duties during the notice period.
(C) (1) All pilots furloughed from the Company shall, at the time of
furlough, file proper addresses with TWA Flight Operations
Department. Any change of address must be supplied to the
same department immediately. Any furloughed pilot failing to
notify the TWA Flight Operations Department within fourteen
(14) days of receipt of recall notice that he/she will
report for duty, or failing to return to duty by the date
stated in the recall notice, which shall not be less than
twenty-one (21) days of notice, will be considered out of
service unless a justifiable reason be presented therefor.
The preceding sentence shall not apply where the furlough is
occasioned by Act of God, circumstances over which the
Company has no control, or strikes or other work stoppages
of employees of the Company, except that upon return to
normal operating conditions all pilots shall return to duty
135
SECTION 20(C)(1), cont.
promptly upon receiving notice to do so from the Company.
Any pilot who fails promptly so to return, will be
considered out of service unless a justifiable reason be
presented therefor.
(2) Recall Bypass Option
(a) Furloughed pilots may file a recall bypass option with
the office of the Managing Director-Flight Operations.
This option may be updated at any time prior to the
announcement of recall.
(b) Once a recall program is announced, furloughed pilots
falling within the recall number who do not have a
recall bypass option on file will not be eligible for
bypass.
(c) Furloughed pilots who have a recall bypass option on
file will not be offered recall but will be passed
over. Such pilots withdrawing their recall bypass
option will be offered a recall during the next recall
on the basis of their seniority.
(d) The Company will not be required to recall any pilot
when a recall is not required regardless of the
seniority of the pilot involved.
(e) Seniority will govern the cancellation of the bypass
option.
(f) The bypass option will terminate as soon as the
Company announces the recall of the last furloughed
pilot.
(g) This entire recall bypass does not apply in situations
wherein pilots have been furloughed due to Acts of
God, circumstances over which the Company has no
control, strikes or other work stoppages by employees
of the Company.
(3) Furlough Replacement Option (FRO)
(a) The availability of FRO's will be announced in
conjunction with the Furlough Notice and Section
18(A)(3) leaves. The pilot will have fifteen (15) days
from the announcement to file a request for an FRO
with the Managing Director-Flight Operations. All
those requested will be granted on the basis of
seniority and qualification and staffing requirements
as determined by the Company.
(b) Any pilot awarded an FRO will be afforded all benefits
of this Section (except that the pilot shall not be
permitted to elect the lump sum option) including
furlough pay and furlough benefits based upon the
pilot who would have been furloughed. The Company will
not be exposed to any additional expense in
furloughing a senior pilot than it would have been,
had the junior been furloughed.
136
SECTION 20(C)(3)(C)
(c) The number of furloughs announced will be reduced from
the original number by the amount of FRO's awarded in
addition to any leaves granted under Section 18.
(d) Any benefits obtained hereunder will not affect early
or normal retirement either in pay or timeliness.
(e) Pilots taking this option will have the same rights of
recall as the pilot that would have been furloughed
including recall bypass.
(f) If a pilot is operating under an equipment restriction
(Section 19(K)), the pilot shall not be permitted to
exercise a FRO. Additionally, a pilot who has changed
status within the previous twelve (12) months and
required more than refresher training, will not be
eligible for FRO. Any pilot with less than one (1)
year of active service remaining prior to normal
retirement, will not be eligible for FRO.
(D) (1) A pilot who has two (2) or more years of service with the
Company as a flight deck crew member and who is furloughed
shall receive furlough pay calculated at the rate of four
percent (4%) of the total aggregate whole months of active
service with the Company as a flight deck crew member to a
maximum of one hundred twenty (120) months.
(2) The amount of furlough pay due per month shall be the
guarantee due the pilot for the last full month worked.
(3) A pilot eligible for furlough pay shall receive pay starting
at time of furlough, or if in a non-pay status, at the time
he/she is available to return to active pay status and
payments for the amount due shall be at regular pay periods
and continue until all furlough pay credit is used; except
that in no event shall any such pay be due after effective
date of recall by the Company.
(4) A pilot recalled by the Company and who is later furloughed
shall again be entitled to furlough pay calculated on the
pilot's aggregate whole months of active service with the
Company as a flight deck crew member as in paragraph (1)
above.
(5) A pilot will only be eligible for that portion of his/her
monthly furlough pay which exceeds the amount of his/her
monthly salary if such pilot remains in the employ of the
Company in any position.
(6) The provisions of this paragraph (D) will not apply where
the furlough is occasioned by Act of God, circumstances over
which the Company has no control, or strikes or other work
stoppages of employees of the Company, except that the same
shall be applicable, (with the exception of the time at
which furlough pay is first due) as of the cessation of such
strike or other work stoppage of employees of the Company,
to any pilot who is not recalled at the same time the
Company first recalls pilots furloughed as a result of such
strike or work stoppage.
137
SECTION 20(D)(6), cont.
Notwithstanding the foregoing, in the event of a liquidation
of the airline or permanent cessation of all commercial
flight operations prior to September 1, 1999, all pilots
furloughed following or in contemplation of such liquidation
or cessation shall be entitled to furlough pay as provided
for in Section 20(D)(1) through (5), above, immediately upon
the effective date of furlough.
(E) In consideration of the Company's program to operate turbo-jet
aircraft with a three-pilot member crew, the Company will not
furlough any pilots No.1 through No.1581 on the TWA Pilots? System
Seniority List of December 28, 1961. The foregoing does not alter
the current status of any pilot previously furloughed, and does
not apply in any case where the Company does not require the
services of a pilot because of Act of God, circumstances over
which the Company has no control, or strikes or other work
stoppages.
(F) Furloughed pilots (not including those whose furlough is
occasioned for any of the reasons stated in paragraph (D)(6)
above), may elect to withdraw their entire retirement benefit in a
lump sum payment pursuant to the provisions of Article 8 of the
TWA Retirement and Trust Annuity Plans for Pilots and Flight
Engineers.
(G) Any pilot furloughed having more than twelve (12) years of
seniority with the Company as a flight deck crew member at the
time of his/her furlough shall have his/her pass and reduced rate
travel privileges on TWA for such pilot, his/her spouse and
eligible dependents, (i.e., such privileges as are in effect on
the date of his/her furlough) extended for a period of one (1)
year from the date of his/her furlough, subject to his/her annual
allotment.
(H) (1) The Company shall provide to pilots furloughed and who have
twelve (12) or more years of service with the Company as a
flight deck crew member group life (basic only) including AD
& D, medical and dental insurance, for a period of one (1)
year from their date of furlough. The Company shall provide
similar insurance coverage to furloughed pilots having less
than twelve (12) years of service with the Company as a
flight deck crew member for a period of ninety (90) days
from their date of furlough.
(2) Coverage as provided in (1) above will be discontinued if
the pilot obtains other insurance coverage as a result of
his/her obtaining other employment.
138
SECTION 21
GRIEVANCE PROCEDURE
(A) DISCIPLINE AND DISCHARGE
(1) In no event will a pilot be disciplined or discharged from
the Company without a thorough, impartial, and expeditious
investigation of the alleged cause. The Company will advise
the pilot and an LEC Officer of such investigation prior to
its commencement and further that he/she is entitled to
union representation throughout said investigation. At the
conclusion of the investigation, the Company will notify the
pilot and the LEC Officer, in writing by certified mail, of
any discipline or discharge action contemplated by the
Company. Receipt by the pilot of the notice will be presumed
to be no later than the fifth business day after the date of
mailing. Further, no pilot shall be disciplined or
discharged without a hearing, provided that within ten (10)
business days of receiving the notification in writing as
stipulated above, the pilot or an LEC Officer makes written
request for a hearing to the Regional Chief Pilot at the
pilot's domicile. The date of said request will be the date
of mailing which, if necessary, must be established by the
pilot.
New York: St. Louis:
--------- ----------
TWA Flight Operations Flight Operations
Hanger 12, Xxxx 000 X.X. Xxx 00000
JFK Int'l Airport Xxxxxxx Int'l Airport
Jamaica, N.Y. 00000 Xx. Xxxxx, XX 00000
Copies of such requests shall also be sent to the Vice
President, Flight Operations Corporate Headquarters.
(2) Should the pilot or an LEC Officer fail to request a hearing
within the prescribed time limits, the Company may
thereafter effect discipline or discharge and shall notify
the pilot by certified mail of such action and the precise
reason(s) for it. In such case the discipline or dismissal
shall be final.
(3) When a hearing, as provided in (1) above, is requested, such
hearing shall be held by a Flight Operations official of the
Company designated by the Company for that purpose or his /
her designee, and shall be held within ten (10) business
days after the Company receives written notification from
the pilot or an LEC Officer requesting such hearing.
(4) Prior to such hearing, the Company shall furnish the pilot
and an LEC Officer a copy of the precise charge or charges
against him/her. Copies of all materials relied upon by the
Company in making the decision to effect discipline or
discharge will be supplied at least three (3) business days
prior to the hearing. Upon written request, the pilot shall
be granted a postponement of the hearing, not in excess of
ten (10) business days, in which to prepare and to secure
the presence of witnesses. Such request for a hearing
postponement shall be made to the Regional Chief Pilot, at
the pilot's domicile. Notwithstanding the provisions of (A)
(6) below, a pilot requesting postponement of the initial
hearing as provided in this paragraph may be removed from
139
SECTION 21(A)(4), cont.
the payroll for the duration of such postponement. However,
in the event the grievance is sustained at the initial or
any subsequent hearing, such days shall be restored to the
pilot. Upon written request from the pilot or the
Association, the Company will make available at such hearing
consistent with operational requirements, witnesses who are
employed by it. When witnesses are called, the provisions of
Section 22(Q) shall apply. At such hearing the pilot shall
have the right to be represented by a Company employee of
his/her choice or by his/her duly accredited representative
or legal counsel.
(5) Within ten (10) business days after the close of such
hearing, the Company shall notify the pilot of its decision
in writing and shall furnish the pilot and his/her duly
accredited representatives or legal counsel and an LEC
Officer a copy thereof. Such copies will be sent by
certified mail.
(6) Nothing in this Section shall be construed to prevent the
Company from holding a pilot out of service prior to the
written notification provided for in Paragraph (A)(1), or
during the course of the hearing and decision provided for
in Paragraphs (A)(3) and (5) of this Section. However,
during any such period that a pilot is held out of service
by the Company, he/she shall, if a bid run holder, be paid
trips missed for the initial month or part of a month and
the daily rate applicable to his/her current category bid
award for any subsequent month or part of a month. A
reserve schedule holder shall be paid the reserve daily rate
applicable to his/her current category bid award, not to
exceed the appropriate category ALV (exclusive of previously
completed ETO or Volunteer Flying).
(B) OTHER GRIEVANCES
Any pilot or group of pilots covered by this Agreement who have a
grievance concerning any action of the Company affecting them,
except matters involving discipline or dismissal, shall have such
grievance considered in accordance with the following procedure:
(1) Grievances under this paragraph (B) must be filed within
sixty (60) days after the pilot(s) has, or reasonably would
have had knowledge of the matter giving rise to the
grievance. When a group of pilots has a grievance, they
shall select a representative to act in their behalf.
(2) A written request for discussion setting forth a statement
of the facts out of which such grievance arose, and the
provision or provisions of the Agreement, if any, upon which
the grievance is based shall be filed with the pilot(s)
Regional Chief Pilot with copies to the Vice President -
Flight Operations and ALPA Representation Department, 0000
XxXxxxxx Xxxx, Xxxxx #000, Xxxxxxxxx, XX 00000. In order to
allow for adequate preparation by the grievant and/or an
Association representative, the Company, upon timely written
request from an Association representative and proper
release from the grievant, if necessary, shall provide an
140
SECTION 21(B)(2), cont.
Association representative information specifically related
to the circumstances of the instant grievance. This
information must not otherwise be available to the grievant
or an Association representative. Furthermore, the Company
shall provide such information to the pilot and/or an
Association representative at least three (3) days prior to
the discussion. If the Company cannot provide the requested
information prior to said three (3) days, the discussion
shall be postponed up to ten (10) business days to allow the
Company to comply with this time limit.
(3) Within ten (10) business days after receipt of the request
for discussion outlined above, the Company will conduct such
discussion, and within ten (10) business days from the
receipt of the previously mentioned request or within six
(6) business days after such discussion was held, whichever
is later, the Regional Chief Pilot shall issue a written
decision concerning the matter to the pilots.
(C) APPEAL
If the decision under paragraph (A)(5) or (B)(3) is
unsatisfactory, appeal by the pilot(s), if made, shall be to the
Trans World Airlines Pilot's System Board of Adjustment as
provided in Section 22, provided such appeal is made within thirty
(30) days from the date of receipt by the pilot(s), or his/her
duly accredited representative or representatives, of the decision
of the Company.
All submissions to these System Boards of Adjustment shall be in
conformity with paragraph (I) of Section 22.
Grievances appealed to the Trans World Airlines Pilot's System
Board of Adjustment under this paragraph, shall immediately be
docketed by the parties for presentation to the next quarterly
session of these System Boards of Adjustment, as such are provided
for in Paragraph (F) of Section 22. However, in no event shall a
case be docketed for hearing before the System Board within thirty
(30) days of the date of appeal in order to allow time for
preparation of cases, etc.
(D) GENERAL
(1) If any decision made by the Company under the provisions of
this Section is not appealed by the pilot affected within
the time limit prescribed herein for such appeal, the
decision of the Company shall become final and binding. Time
limits provided in this Section 21 may be extended by
agreement in writing.
(2) Witnesses and representatives who are employees of the
Company shall receive free positive space coach
transportation over the lines of the Company from the point
of Company duty or the station nearest the person's
residence to the point of discussion or hearing, as the case
may be, and return.
141
SECTION 21(D)(3)
(3) Notification in writing required hereunder shall be
accomplished through the use of Certified Mail with Return
Receipts, or other means mutually agreed upon in writing.
(4) Nothing in this Agreement shall extend the right of
investigation and hearing to a pilot during his probationary
period as described in Section 17(C).
(5) If, as a result of any hearing or appeal therefrom as
provided herein, a pilot is exonerated, he/she shall, if
he/she has been held out of service, be reinstated without
loss of seniority and shall be paid for such time lost in an
amount which he/she would have ordinarily earned had he/she
been continued in service during such period.
(6) If, as a result of any hearing or appeal therefrom as
provided herein, the pilot shall be exonerated, the
personnel record shall be cleared of the charges.
(7) When it is mutually agreed that a stenographic report is to
be taken of the investigation and hearing in whole or in
part, the cost will be borne equally by both parties to the
dispute. In the event it is not mutually agreed that a
stenographic report of the proceedings shall be taken, any
written record available taken of such investigation and
hearing made by either of the parties to the dispute shall
be furnished to the other party to the dispute upon request,
provided that the cost of such written record so requested
shall be borne equally by both parties to the dispute.
(8) The hearing or discussion, as the case may be, will be held
at the aggrieved pilot's home domicile, unless otherwise
agreed to by such pilot and the Company.
(9) The Company and the Association shall sponsor a "Bi-Monthly
Grievance Conference" (or "the Conference") for the purpose
of resolving, if possible, grievances. The Conference shall
be held between the tenth (10th) and twentieth (20th) day of
every other month. The place of the conference shall
alternate between a location designated by the Company and
one designated by the Association. Representatives of the
Company, the Association and the grievant, if other than the
Association, may attend. Any grievance may be submitted
for review and potential resolution. There shall be no
written transcript of the Conference; however, each party is
free to maintain written notes. Such review and written
notes shall not be admitted in any proceeding under Sections
21 or 22. Each party shall bear its own costs.
142
SECTION 22
SYSTEM BOARD OF ADJUSTMENT
(A) The term "Company" as used in this Section shall be construed to
mean Trans World Airlines. The term "Association" as used in this
Section shall be construed to mean Air Line Pilots Association,
International.
(B) In compliance with Section 204, Title II, of the Railway Labor
Act, as amended, there is hereby established a Pilots' System
Board of Adjustment for the purpose of adjusting and deciding
disputes which may arise under the terms of this Agreement and
which are properly submitted to it. This Board shall be known as
"Trans World Airlines Pilots' System Board of Adjustment". Unless
otherwise indicated herein, the term "Board" shall be construed to
mean the "Trans World Airlines Pilots' System Board of Adjustment"
as defined in paragraph (C)(1) below.
(C) (1) The Trans World Airlines Pilots' System Board of Adjustment
shall consist of five (5) members, two (2) of whom shall be
selected and appointed by the Association and two (2) by the
Company. The fifth member of the Board (neutral referee)
shall be selected from a panel of at least seven (7) neutral
referees which shall be established by mutual agreement
between the Association and the Company within sixty (60)
days from the date of signing of this agreement. If no
agreement can be reached at that time, either the Company or
the Association may petition the National Academy of
Arbitrators or the American Arbitration Association for the
appointment of one (1) or more neutral referees. Once
established, changes may be made in said panel by mutual
agreement of the parties hereto at any time. Additionally,
each party shall have the right to unilaterally strike one
(1) neutral referee from the total group not more than once
every six (6) months. The replacement shall be by mutual
agreement of the parties.
(2) Further, there shall be a special four-member System Board
of Adjustment consisting of the two (2) Association and the
two (2) Company members selected and appointed to the five-
member System Board of Adjustment. By mutual agreement
between the Company and the Association, the four-member
Board shall meet to hear a specific case(s) which has been
properly submitted to the five-member System Board. When
such request is agreed to, this System Board shall meet
within ten (10) working days from the date it received the
request, to consider this case(s).
All provisions of this Section applicable to the five-member
System Board of Adjustment shall also be applicable to the
special four-member System Board of Adjustment. Moreover,
the decisions of this four-member System Board of Adjustment
in all disputes properly referred to it shall be issued by
the Board within five (5) working days after the close of
the hearing, and in the event of a decision of deadlock the
Board shall promptly notify the parties to the case of such
deadlock decision, including the date thereof, and such case
shall be immediately docketed for a hearing at the next
meeting of the five-member System Board of Adjustment.
(3) Further, there shall be a special three-member System Board
of Adjustment consisting of one (1) Association member, one
(1) Company member and a neutral referee selected from the
panel of neutral referees established in paragraph (C)(1) of
143
SECTION 22(C)(3), cont.
this Section. By mutual agreement between the Company and
the Association, the three-member System Board shall meet to
hear a specific case(s) which has been properly submitted to
the five-member System Board. When such request is agreed
to, the three-member Board shall meet within sixty (60)
days.
(a) The three-member System Board shall meet at the pilot
domicile where the grievant is based unless another
location is mutually agreed upon by the parties.
(b) The Company and the pilot shall each be permitted one
(1) representative for the presentation of their
respective case before the three-member System Board.
The Company and the pilot/or the pilot's designated
representative shall each be afforded one hour (1:00)
to present their main case and thirty minutes (0:30)
for rebuttal. These time limits may be extended upon
the unanimous agreement of the three-member System
Board. There shall be no stenographic transcript or
post-hearing briefs in cases presented before the
three-member System Board.
(c) Awards of the three-member System Board shall be
issued within five (5) working days after the close of
the hearing. The award shall be no more than two (2)
pages and shall briefly set forth the basis of the
award. Awards of the three-member System Board shall
be on a no precedent, no referral basis.
(D) The two (2) Association members and the two (2) Company members of
the Board shall serve for one (1) year from the date of their
appointment or until their successors have been duly appointed.
The terms of office for these members of the Board shall be
staggered so that only one term expires in each calendar quarter
(a Company member's term expiring in the first quarter, an
Association member's term expiring in the second quarter, and so
forth). Vacancies in the membership of the Board shall be filled
in the same manner as is provided herein for the selection and
appointment of the original members of the Board.
(E) The fifth member of the Board (neutral referee) shall be selected
from the panel of referees provided in (C)(1) above at least
forty-five (45) days prior to the original scheduled date of the
applicable System Board. Lacking mutual agreement, the alternate
strike method shall be used to select a neutral from this panel,
with the Company initiating first rejection after January 1, 1976,
and alternating first rejection thereafter.
(F) Appointments of Association members and Company members of the
Board shall be made by the respective parties within thirty (30)
days from the date of the signing of this Agreement and said
appointees shall meet alternately in the city where the general
offices of the Company and the Association are maintained (unless
a different place of meeting is agreed upon by the Board), within
forty-five (45) days from the date of the signing of this
Agreement, and shall organize and select a Chairman and a Vice
Chairman, both of whom shall be members of the Board. The term of
the office of Chairman and Vice Chairman shall be one (1) year.
Thereafter the Board shall designate one (1) of its members to act
as Chairman and one (1) to act as Vice Chairman for one (1) year
144
SECTION 22(F), cont.
terms. Each officer so selected shall serve for one (1) year or
until his/her successor has been duly selected. The office of
Chairman shall be filled and held alternately by an Association
member of the Board and by a Company member of the Board. When an
Association member is Chairman, a Company member shall be Vice
Chairman, and vice versa. The Chairman or, in the absence of the
Chairman, the Vice Chairman, shall preside at meetings of the
Board and at hearings and shall have a vote in connection with all
actions taken by the Board.
After the organizational meeting referred to herein, the System
Board of Adjustment shall thereafter meet in the city where the
general offices of Trans World Airlines, are maintained (unless a
different place of meeting is agreed upon by the Board) during the
second week of January, the second week of April, the second week
of July, and the second week of October each year, provided that
at such times there are cases filed with the Board for
consideration, and shall continue in session until all matters
before it have been considered, unless otherwise mutually agreed
upon. By mutual agreement, the System Board may be rescheduled
once to another date or dates within the current calendar quarter,
but in no event shall it be rescheduled to meet in another
calendar quarter.
(G) The System Board of Adjustment shall have jurisdiction over
disputes between any employee covered by this Agreement and the
Company, growing out of grievances or out of interpretation or
application of any of the terms of this Agreement. The
jurisdiction of the Board shall not extend to proposed changes in
hours of employment, rates of compensation, or working conditions
covered by existing agreements between the parties hereto.
(H) The Board shall consider any dispute properly submitted to it by
the President of the Association or by the Vice President-Flight
Operation of the Company when such dispute has not been previously
settled in accordance with the terms provided for in this
Agreement.
(I) All disputes properly referred to the Board for consideration
shall be addressed to the Chairman with a copy to the Director,
Labor Relations-Flight and a copy to the pilot's Regional Chief
Pilot. Five (5) copies of each petition, including all papers and
exhibits in connection therewith, shall be forwarded to the
Chairman, who shall promptly transmit one (1) copy thereof to each
member of the Board. Each case submitted shall show:
(1) Question or questions at issue.
(2) Statement of facts out of which the dispute arose and the
particular provision or provisions of the Agreement, if any,
alleged to have been violated.
(3) Position of employee or employees.
(4) Position of Company
Either party may submit the dispute and its position to the Board
with a copy to the Company and the date of posting of such copy
will be the significant date for purposes of the thirty (30) day
period provided in Section 21(C) of this Agreement. No matter
shall be considered by the Board which has not first been handled
145
SECTION 22(I), cont.
in accordance with the provisions of Section 21 of this Agreement;
provided that by agreement of the parties, matters may be
submitted directly to the Board.
(J) Upon receipt of notice of the submission of a dispute, the
Chairman, or Vice Chairman, shall docket it for the next regular
meeting of the Board subject to Section 21(C) or, if any two (2)
members of the Board consider the matter of sufficient urgency and
importance, then at such earlier date and at such place as the
Chairman (Vice Chairman) and any two (2) members of the Board
shall agree upon, but not more than fifteen (15) days after such
request for meeting is made by any two (2) said members, and the
Chairman shall give the necessary notices in writing of such
meeting to the Board members and to the parties to the dispute.
Upon receipt of notice of the submission of a dispute involving a
termination of employment pursuant to Section 21(A), the Chairman
or Vice Chairman of the Board shall docket a System Board to
convene and hear such dispute within sixty (60) days from the date
of the first step Section 21(A) denial and that either party may
extend such sixty (60) day period for an additional ninety (90)
days.
(K) 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 and designate. Evidence may be presented
either orally or in writing or both.
On request of individual members of the Board, the Board may, by a
majority vote, or shall at the request of either the Association
representatives or the Company representatives thereon, summon any
witnesses who are employed by the Company and who may be deemed
necessary by the parties to the dispute, or by either party, or by
the Board itself, or by either group of representatives
constituting the Board.
The number of witnesses summoned at any one time shall not be
greater than the number which can be spared from the operation
without interference with the services of the Company.
(L) A majority vote of all members of the Board shall be competent to
make a decision. The parties to the dispute shall be notified in
writing of the decision of the Board within sixty (60) days of the
close of the hearing before the Board. This sixty (60) days time
limit may be extended by mutual agreement between the parties to
this Agreement in writing.
(M) Decisions of all Boards in all cases properly referable to them
shall be final and binding upon the parties hereto.
(N) Nothing herein shall be construed to limit, restrict or abridge
the rights or privileges accorded either to the employees or to
the employer, or to their duly accredited representatives, under
the provisions of the Railway Labor Act, as amended, and the
failure to decide a dispute under the procedure established herein
shall not, therefore, serve to foreclose any subsequent rights
which such law may afford or which may be established by the
National Mediation Board by orders issued under such law with
respect to disputes which are not decided under the procedure
established herein.
146
SECTION 22(O)
(O) The Board shall maintain a complete record of all matters
submitted to it for its consideration and of all findings and
decisions made by it. The foregoing "complete record" does not
necessarily include stenographic transcripts of all testimony of
witnesses who appear before the Board.
(P) Each of the parties hereto will assume the compensation, travel
expense, and other expenses of the Board members selected by it.
The reasonable expenses and compensation of referees appointed in
accordance with paragraph (C) above, will be borne equally by the
parties hereto.
(Q) Each of the parties hereto will assume the compensation, travel
expense, and other expenses of the witnesses called or summoned by
it. Witnesses who are employees of the Company shall receive free
positive space transportation over the lines of the Company from
the point of duty or assignment to the point at which they must
appear as witnesses and return, to the extent permitted by law.
(R) The Chairman and the Vice Chairman, acting jointly shall have the
authority to incur such other expenses as, in their judgment, may
be deemed necessary for the proper conduct of the business of the
Board and such expense shall be borne one-half by each of the
parties hereto. Board members who are employees of the Company
shall be granted necessary leaves of absence for the performance
of their duties as Board members. Board members who are employees
of the Company shall each be furnished a Class 3 Term Pass for
transportation over the lines of the Company for the purpose of
attending meetings of the Board to the extent permitted by law.
(S) It is understood and agreed that each and every Board member shall
be free to discharge his/her duty in an independent manner,
without fear that his/her individual relations with Company or
with the employees may be affected in any manner by any action
taken by him/her in good faith in his/her capacity as a Board
member.
147
SECTION 23
RETIREMENT, TRUST AND SAVINGS PLANS
Except as specifically amended hereunder, all provisions of the
following retirement plans (collectively, the "Plans"), as in existence
on September 1, 1994, and related documents, shall remain in full force
and effect: the Retirement Plan for Pilots (the "A-Plan"); the TWA
Pilots Directed Account Plan (the "DAP"); the Section 401(k) Plan for
Pilots (the "401(k) Plan"); and the Excess Employee Benefit Plan for
Pilots. Amendments to the Plans which are required hereunder shall be
effective as of the dates specified, except as prohibited by law and
subject to the approval of the U.S. Treasury Department and other
appropriate governmental agencies, and except as otherwise provided.
(A) THE RETIREMENT PLAN FOR PILOTS OF TRANS WORLD AIRLINES, INC. (the
"A-Plan" or the "Plan")
(1) The A-Plan shall be established and maintained by the
sponsor as a plan "qualified" under Section 401(a) of the
Internal Revenue Code.
(2) Effective as of January 8, 1993 (the "Closing Date"), in
furtherance (and not in limitation) of certain provisions of
that certain Settlement Agreement (the "Settlement
Agreement") dated as of January 5, 1993 among Trans World
Airlines, Inc., the Official Unsecured Creditors' Committee
of Trans World Airlines, Inc., the Pension Benefit Guaranty
Corporation, the International Association of Machinists and
Aerospace Workers, the Independent Federation of Flight
Attendants, the Air Line Pilots Association, International,
the Transport Workers Union of America, Xxxx X. Icahn, the
Icahn Entities and Pichin Corp., the following shall apply
to the Plan (with the capitalized terms used below being
defined in the Settlement Agreement):
(a) Effective January 8, 1993, Pichin Corp. (also known as
the "Icahn Sponsor") shall assume the Plan, and from
and after such assumption, the following shall be
applicable: The Icahn Sponsor shall be the plan
sponsor, contributing sponsor and plan administrator
of the Plan, and shall have the authority to control
and manage the Plan and its assets, subject to the
assignment of certain specific responsibilities to the
Benefits Administrator, the Retirement Board and/or
Retirement Committee, the Company, and any other
Persons or groups named in the Plan; and subject to
the restrictions on amendments to the Plan set forth
in paragraph (b) below. The Icahn Sponsor, the
Company, and any other Person or groups named in the
Plan with assignments of specific responsibilities
under the Plan may, in a writing acknowledged by the
designee, designate other Persons or groups to carry
out any or all of their responsibilities in connection
with the Plan, pursuant to section 405(c)(1)(B) of
ERISA.
(b) Benefits Administrator. From and after assumption of
the Plan by the Icahn Sponsor, the Company and its
successors and assigns shall have and retain all
rights, powers, discretions, authorities and
responsibilities as the benefits claim administrator
for the Plan (the "Benefits Administrator"), and shall
manage and control the operation and administration of
148
SECTION 23(A)(2)(B), cont.
the Plan with respect to the determination and payment
of Plan benefits and disclosure to Participants for
all purposes under Title I of ERISA. Subject to the
assignments stated in the Plan of certain
responsibilities to the Retirement Board (as defined
in the Plan), as provided in this Section and the
Plan:
(i) The Benefits Administrator may, in a writing
acknowledged by the designee, designate other
Persons or groups to carry out any or all of its
responsibilities in connection with the Plan
pursuant to section 405(c)(1)(B) of ERISA.
(ii) The authority of the Benefits Administrator to
operate and administer the Plan includes, but is
not limited to the authority: (A) To make and
enforce rules and regulations necessary or
proper for the benefits administration of the
Plan; (B) To interpret the Plan, including
questions of benefit eligibility, in good faith;
(C) To compute the amount of benefits payable to
any Participant or beneficiary under the Plan in
accordance with the provisions of the Plan, and
to determine to whom such benefits shall be
paid; and (D) To authorize the payment of
benefits under the Plan.
(iii) After the Closing, the Benefits Administrator
shall carry out the duties, powers and
obligations of the plan administrator with
respect to disclosure to Participants under
Title I of ERISA.
(iv) All determinations and other actions taken by
the Benefits Administrator and the Retirement
Board under the Plan and ERISA shall be
conclusive and binding, except that the Icahn
Sponsor shall have the right to bring an action
under ERISA Section 502(a)(3) to seek to enjoin
any act or practice of the Benefits
Administrator or the Retirement Board or any
other Persons and groups named in the Plan or
with responsibilities under the Plan, that
violates the terms of the Plan.
(v) The Benefits Administrator may seek
reimbursement from the Plan for costs, fees and
expenses incurred in carrying out its duties
under the Plan (including the Benefits
Administrator's responsibilities on the
Retirement Board). The Icahn Sponsor shall cause
the Plan to make reimbursement to the Benefits
Administrator for reasonable costs, fees and
expenses to the extent permitted by the terms of
the Plan and the provisions of ERISA.
(vi) Except as required by ERISA, as named
fiduciaries of the Plan, the Benefits
Administrator, the Icahn Sponsor and the
149
SECTION 23(A)(2)(B)(VI), cont.
Retirement Board shall not be liable for the act
or omission of another named fiduciary who is
carrying out the responsibility allocated to
such other named fiduciary.
(vii) The Icahn Sponsor and the Benefits Administrator
shall cooperate in good faith and timely provide
such information to each other as may be
necessary for each to perform its obligations in
respect of the Plan properly.
(viii) The Icahn Sponsor shall cause the Plan to make
benefit payments and take any and all related
actions in accordance with the determinations
and instructions of the Benefits Administrator.
(ix) The Benefits Administrator will provide prompt
notice to the Icahn Sponsor of all
determinations made by the Benefits
Administrator and the Retirement Board and shall
respond to reasonable requests of the Icahn
Sponsor for additional information necessary for
the Icahn Sponsor to perform its
responsibilities under the Plan properly.
(c) Limit on Lump Sum Payments. The Icahn Sponsor will not
by amendment to the Plan or otherwise make available
early retirement lump sum benefits (except those
already provided under the frozen Plan) or other
inducements to Participants who are then active or
temporarily furloughed or striking employees of the
Company without the Company's prior written consent.
The Company may give or withhold such consent in its
discretion and judgment, which shall be based upon a
good faith determination as to whether the action
proposed by the Icahn Sponsor will adversely affect
the Company's operations. The sole remedy of the Icahn
Sponsor in respect of this provision shall be specific
performance or injunctive relief.
(d) Fiduciary Standards. The Plan will be administered and
its assets invested in good faith in compliance with
all applicable fiduciary and prudent investment
standards, including assuring adequate liquidity to
meet all payment obligations of the Plan when due. The
Company and/or the Benefits Administrator shall have
the right to direct the Icahn Sponsor to amend the
Plan to provide for, and use Plan assets to make
unsubsidized lump sum payments to Participants of the
Plan as designated by the Company, subject to the
requirements of applicable law and consistent with the
cash flow needs of the Plan. The Icahn Sponsor shall
provide the Company and the PBGC copies of asset
management and other reports obtained in the ordinary
course by the Icahn Sponsor or the Plan trustees. The
Icahn Sponsor shall also provide, at the expense of
the Company, such other information and data
respecting the Plan as the Company may reasonably
request. The Icahn Sponsor will provide the PBGC with
such information and data respecting the Plan as the
PBGC is entitled to request under applicable law. The
150
SECTION 23(A)(2)(D), cont.
Company will promptly provide the Association copies
of the asset management and other reports, data and
information respecting the Plan which the Company
receives from the Icahn Sponsor.
(e) Actuarial Changes. No actuarial change will be made in
respect of the Plan unless the Company and the PBGC
are given prior written notice of such change by the
Icahn Sponsor, accompanied by a certification from the
Plan's enrolled actuary establishing that such change
is justified. Subject to all requirements of
applicable law, the Icahn Sponsor will continue to
retain the Plan's presently enrolled actuary through
December 31, 1995, provided that such actuary does not
materially change its current actuarial assumptions;
and the Icahn Sponsor may continue such actuary beyond
such date. The enrolled actuary shall at all times be
independent and shall not be affiliated with Icahn or
any of the Icahn Entities and shall not be otherwise
employed by Icahn or any of the Icahn Entities. The
Icahn Sponsor shall not take any action to direct the
actuary to make any material change to the current
actuarial assumptions with respect to the Plan.
(f) Plan Amendments. The Plan will be amended by adoption
of the amendments described below, to the extent
permitted by law, to implement the Settlement
Agreement and to implement the additional amendments
previously agreed upon by the Company and the
Association. Among other matters the amendments to
implement the Settlement Agreement will accomplish the
following changes in the Plan:
(i) At least fifteen (15) days before January 8,
1993 (the "Freeze Date"), the Association shall
have consented to, and the Company shall have
adopted, an amendment freezing the Plan to cease
further benefit accrual under the Plan,
effective on the Freeze Date. In accordance with
ERISA Section 204(h), not fewer than 15 days
before the Freeze Date, the Company shall issue
written notice of such amendment, setting forth
the text of the amendment and its effective
date. The Company shall have issued such notice
to: each participant in the Plan, or the person
designated in writing to receive notice on
behalf of the participant; each participant who
is an alternate payee pursuant to a qualified
domestic relations order, or the person
designated in writing to receive notice on
behalf of the alternate payee; and the
Association.
(ii) As of the Closing Date, the Company shall adopt
and the Icahn Sponsor and the Association shall
approve, and the PBGC shall not object to, final
versions of:
a. Four Plan amendments that effectuate
existing agreements between the Company
151
SECTION 23(A)(2)(F)(II), cont.
and the Association to amend the Plan or
are required by law, as set forth in
Exhibit Q-1 of the Settlement Agreement;
and
b. Two amendments that relate to annuity
purchases and that effectuate assumption
of the Plan by the Icahn Sponsor with the
Company retaining benefits administration
functions in accordance with the
Settlement Agreement, as set forth in
Exhibit Q-2 of the Settlement Agreement.
As soon as practicable after the Closing Date,
the Company shall execute, the Icahn Sponsor and
the Association shall approve, and the PBGC
shall not object to final versions of two (2)
amendments to the Plan listed in Exhibit Q-3
(i.e. amendment to conform Plan to the Tax
Reform Act of 1986 and amendment to the Plan to
determine the Directed Account Plan offset to be
applied in determining disability benefits
payable under the Plan) that the Company and the
Association agree are necessary to effectuate
existing collective bargaining agreements, to
comply with applicable law, or that the parties
otherwise agree were intended to be effective
before January 1, 1993. After the Closing Date,
additional amendments are permitted as provided
below.
(iii) To the extent permitted by applicable law and
not inconsistent with the transactions
contemplated by the Settlement Documents, the
Plan will be amended to provide that any
Participant who is employed by a purchaser or
other Successor, as a result of a transaction
involving the sale of any of the Company's
assets, shall have a right to elect to take an
unsubsidized monthly early retirement benefit.
The actuarial present value of the unsubsidized
early retirement benefit which may be elected by
such Participant shall be equal to the actuarial
present value of such Participant's benefits at
normal retirement age (using Plan assumptions
regarding interest rate and mortality as stated
in Xxxxxx Associates' January 1, 1992 actuarial
report on Plan funding).
(iv) After the Closing Date, the Plan may be amended
only by the Icahn Sponsor and only (A) if
required by applicable law or to maintain tax-
qualified status, or (B) to provide for payment
of unsubsidized lump sum benefits to
Participants when such amendment is requested by
the Company and consistent with applicable law
and the Plan's cash flow needs, or (C) to
provide for the payment of unsubsidized lump sum
benefits to Participants, consistent with the
provisions of the Settlement Agreement, or (D)
with the express written consent of the Company
152
SECTION 23(A)(2)(F)(IV), cont.
and the PBGC prior to a Non-Standard Termination
of the Plan, to permit the purchase of insurance
company annuities to provide only benefits
guaranteed under Section 4022(a) of ERISA, or
(E) if explicitly permitted by the Settlement
Documents, or (F) if approved by the Association
and the Company, and not objected to by the
PBGC, in the case of any other amendments not
inconsistent with the purposes and provisions of
the Settlement Agreement. The Icahn Sponsor
shall give prompt notice to the Company, the
PBGC and the Association of Plan amendments
after the Closing Date.
(g) Purchase of Annuities. The entity that is the Plan
sponsor as of the date the Settlement Agreement is
fully executed shall on the first Business Day
thereafter cause the Plan to purchase insurance
company annuities for Participants whose retirement
from the Company became effective before October 29,
1992 and who terminated service with the Company
before October 29, 1992 (provided that the number of
retirements effective between September 18, 1992 and
October 29, 1992, including without limitation
retirements of Disability Participants under the next
sentence, shall not exceed 60 participants under the
Plan). In the event that the disability retirement
date of certain Participants ("Disability
Participants") is determined to have been effective
before October 29, 1992, the Plan sponsor at the time
that determination is made shall, as soon as
practicable after receiving notice of such
determination from the Association, cause the Plan to
transfer assets to an insurance company to purchase
insurance company annuities for Disability
Participants who terminated service with the Company
before October 29, 1992, subject, however, to the
limitations applicable under the preceding sentence
with respect to retirements effective between
September 18, 1992 and October 29, 1992.
(h) The Icahn Sponsor may merge the Plan with the other
defined benefit plan covering employees of the Company
upon the occurrence of certain Significant Events,
pursuant to Section 9 of the Settlement Agreement.
(i) The Icahn Sponsor may request that the Plan be
terminated by the PBGC in a Non-Standard Termination
upon the occurrence of a Significant Event, pursuant
to Section 10 and other provisions of the Settlement
Agreement. At any time after the date of termination
up to and including the tenth anniversary of the date
of termination, the Company may request the PBGC to
reinstate and restore to the Company the Plan
terminated in a Non-Standard Termination, pursuant to
Section 13 of the Settlement Agreement.
(j) The Icahn Sponsor shall have the right to terminate
the Plan in a Standard Termination, pursuant to
Section 11 of the Settlement Agreement. The Company
will promptly give the Association a copy of any
153
SECTION 23(A)(2)(J), cont.
notice the Company receives from or issues to Icahn or
any of the Icahn Entities and/or Icahn Sponsor with
respect to a termination of the Plan. In the event of
a Standard Termination of the Plan as described in
Section 4041(b) of ERISA, the selection of an insurer
to provide annuities to Participants shall only be
from among insurance companies which (whether or not
applicable law would permit a lower rating) are then
rated at least A or better by at least two (2) of the
following rating services: Xxxxx'x Investors Services,
Inc., Standard & Poor's Corporation and Duff and
Xxxxxx; and whose selection in all events complies
with applicable law; provided that if there are not
five (5) insurance companies which are rated at least
A or better by two (2) such rating services, then the
selection of an insurer to provide annuities may be
made from the five (5) top rated insurance companies
so long as the selection is in accordance with the
fiduciary requirements of ERISA.
(3) Supplemental Agreement - Defined Contribution Plan. Pursuant
to Section 15 of the Settlement Agreement: The Company will
enter into an agreement after the Closing and prior to the
confirmation of a final Plan of Reorganization, which will
become effective on the Effective Date as part of its Plan
of Reorganization (the "Supplemental Agreement"), pursuant
to which it will establish or maintain non-abusive defined
contribution plans for the Company employees to which it
will make annual contributions at the end of calendar years
1993, 1994 and 1995 for such employees equal to two percent
(2%) of W-2 earnings in the aggregate. Four (4) separate
non-abusive defined contribution plans will be established,
one (1) for the members of each of the Association, IFFA and
IAM and the fourth (4th)for the Company's other union and
non-union employees as a group. The annual contribution will
be allocated to these four (4) defined contribution plans as
determined by the Unions and by TWA for non-union employees
as a group and need not be pro rata on the basis of W-2
earnings of each group. In any year in which interest on the
Company's debt securities is paid in full in cash, as
permitted in the Agreements in Principle with the Unions,
and provided no Deferral Note is then outstanding, the
Company's aggregate contribution for that year to such
defined contribution plans will be increased from 2% of W-2
wages to 2.67% of W-2 wages. The 2%, or if effective, the
2.67% contribution level will be increased to 3.3% of W-2
wages for calendar year 1996 and for each subsequent year of
the Unions' respective collective bargaining agreements
thereafter, unless and until the collective bargaining
agreements, or the pension provisions thereof, are
renegotiated and amended. Each Union shall determine the
allocation of benefits as to the Company employees
represented by such Union; provided that such allocation
complies with applicable laws and regulations.
(4) The Company shall make payments on the "Settlement Note(s)"
pertinent to the Plan as required by the Settlement
Agreement, and shall make the minimum funding payment due
with respect to the Plan on January 15, 1993.
154
SECTION 23(A)(5)
(5) The Plan shall be amended and restated effective as of
January 8, 1993 to reflect all amendments to the Plan
required by the Settlement Agreement.
(6) As the Company, the Association and the Icahn Sponsor were
unable to reach agreement as to the determination of the
benefits of certain Members of the A-Plan, the parties adopt
the following Letter of Agreement:
(a) Prior to March 31, 1993, the Icahn Sponsor will file a
request with the appropriate District Director of the
Internal Revenue Service (the "IRS") for a
determination that none of the amendments to the Plan
adopted through the date of filing of such request
adversely affect the continued qualification of the
Plan. The determination letter request will
specifically include a description of Section 6.4 of
the Plan as in effect prior to its amendment as of
January 1, 1990, and a description of the amendments
made to Section 6.4 of the Plan as of January 1, 1990
and as of the date the Plan is "frozen". The
determination letter request will state that, under
the amendments in question, a Member is entitled to a
minimum retirement benefit equal to 2.5% multiplied by
the Member's years of Continuous Service and highest
Earnings as of the date the Plan is frozen, but that
the Association contends that certain aspects of the
amendments violate section 411(d)(6) of the Code.
(b) The Icahn Sponsor shall provide the Association and
the Company with advance notice of the determination
letter request, and promptly provide thereafter a copy
of such request and all other materials submitted to
the IRS. In addition, each party shall promptly
provide to the others copies of all correspondence or
other documents submitted to the IRS or provided by
the IRS with respect to the determination letter
request. Notwithstanding the foregoing, both the Icahn
Sponsor and the Association may delete from any
correspondence or other document covered by this
Paragraph any confidential information unrelated to
Section 6.4 of the Plan.
(c) The Icahn Sponsor will not object to, and will, if
necessary to the grant thereof, support requests made
by the Association or the Company to file comments or
meet with the IRS in order to set forth or espouse its
position regarding Section 6.4 of the Plan. Each party
shall promptly notify the others of any such request
for conference with the IRS.
(d) Each party will bear its own fees and expenses in
connection with this matter.
(e) If the IRS should decline to make a determination with
respect to the request filed pursuant to paragraph
(a), the parties shall retain all their rights and
remedies to resolve this matter through all
appropriate avenues.
155
SECTION 23(A)(6)(F)
(f) The Plan shall be operated and administered in
accordance with the amendment to Section 6.4(B) of the
Plan executed by the Company on or about December 24,
1992 (assuming, for this purpose, that neither 6.10
nor any other provision of the Plan requires any
modification thereof); provided, however, if the IRS
makes a final determination that operation and
administration of the Plan in accordance with such
amendment will adversely affect the tax qualified
status of the Plan, the Plan shall be operated and
administered after such determination and until any
change, modification or reversal of such determination
(by reason of a court decision or otherwise) in a
manner that complies with the IRS' final
determination, and such retroactive corrections as
required by such final determination shall be made.
(g) This Letter of Agreement shall be filed with the
Bankruptcy Court for approval at the same time the
amendments to the Plan contemplated by the Settlement
Agreement are filed with the Bankruptcy Court for
approval. The amendment freezing the Plan is rescinded
if this Letter of Agreement is not executed by the
Icahn Sponsor on or before the Closing (as defined in
the Settlement Agreement).
(B) In the event there is any conflict, concerning any retirement,
trust or savings plan that covers airmen employed by TWA and
represented by ALPA, between this Agreement and the agreement
entitled "Agreement in Principle Between Trans World Airlines,
Inc. and the Air line Pilots in the Service of Trans World
Airlines, Inc. as Represented by the Air Line Pilots Association,
International," executed August 24, 1992 on behalf of the Air Line
Pilots Association, International, Trans World Airlines, Inc., and
the Official Unsecured Creditors' Committee of Trans World
Airlines, Inc. (the "Agreement in Principle"), the Agreement in
Principle shall govern; provided, however, that if there is any
such conflict between the Agreement in Principle and any agreement
between TWA and ALPA which is effective after the effective date
of the applicable provision of the Agreement in Principle, then
the later agreement shall govern.
(C) TWA PILOTS' DIRECTED ACCOUNT PLAN (the "DAP")
(1) The Directed Account Plan shall be established and
maintained by the Company as a plan "qualified" under
Section 401(a) of the Internal Revenue Code.
(2) The Company shall contribute to the Directed Account Plan
11% of each Participant's monthly compensation, plus a
supplemental 3.31072262% of each Participant's monthly
compensation pursuant to Section 23(A)(3) of this Collective
Bargaining Agreement. The Company's contributions shall be
paid to the DAP trustee on the first business day of each
month. If such contributions are not paid on the first
business day of the month, TWA shall pay interest at a
floating rate equal to prime + three percent (3%) per annum
from the date due until the date paid.
(3) The terms of the Directed Account Plan, as agreed upon by
the Company and the Association, are hereby incorporated by
156
SECTION 23(C)(3), cont.
reference and made a part of this Collective Bargaining
Agreement.
(4) The Company and the Association reserve the right, at any
time by joint agreement, to amend, in whole or in part, any
or all of the provisions of the Directed Account Plan.
(5) The Company and the Association, by joint agreement, may
terminate the Directed Account Plan.
(D) SECTION 401(K) PLAN FOR PILOTS
(1) The 401(k) Plan shall be established and maintained by the
Company as a plan "qualified" under Section 401(a) of the
Internal Revenue Code.
(2) A Participant in the 401(k) Plan may make salary deferral
contributions of up to eleven percent (11%) of his/her
compensation. Such contributions shall be transmitted by the
Company to the trustee on the first business day of the
month following the end of the calendar month in which such
contributions are withheld from the Participant's
paycheck(s).
(3) The terms of the 401(k) Plan, as agreed upon by the Company
and the Association, are hereby incorporated by reference
and made a part of this Collective Bargaining Agreement.
(4) The Company and the Association reserve the right, at any
time by joint agreement, to amend, in whole or in part, any
and all provisions of the 401(k) Plan.
(5) The Company and the Association, by joint agreement, may
terminate the 401(k) Plan at any time.
(E) EXCESS EMPLOYEE BENEFIT PLAN FOR PILOTS
(1) The Excess Employee Benefit Plan for Pilots, adopted
effective January 1, 1993, shall be maintained by the
Company for the purpose of permitting participants of the
TWA Pilots Directed Account Plan to receive contributions
under the Excess Employee Benefit Plan for Pilots equal to
amounts that would have been contributed under the Directed
Account Plan but for the limitations on contributions
imposed by Section 415 and/or Section 401(a)(17) of the
Internal Revenue Code of 1986, as amended.
(2) The terms of the Excess Employee Benefit Plan for Pilots, as
agreed upon by the Company and the Association, are hereby
incorporated by reference and made a part of this Collective
Bargaining Agreement.
(3) The Company and the Association reserve the right, at any
time by joint agreement, to amend, in whole or in part, any
and all provisions of the Excess Employee Benefit Plan for
Pilots.
(4) The Company and the Association, by joint agreement, may
terminate the Excess Employee Benefit Plan for Pilots at any
time.
157
SECTION 24
GROUP BENEFITS
Except as specifically amended hereunder, all provisions of Section 24
of the agreement dated September 1, 1994 and all provisions of the
following group benefits, shall remain in full force and effect:
(A) The Group Medical and Dental Benefit Plan administered by the
Company authorized third party administrator, as described in the
"A World of Benefits From TWA Universal Benefit Plan" Summary Plan
Description dated September, 1997, shall be amended as follows:
(1) The In-Network deductible under the Medical Plan shall be
$200 per family.
(2) Covered Expenses under the Medical Plan shall include in-
hospital expenses incurred for newborn children.
(3) Preventive Health Care Benefits
In-Network, after a $10 office visit co-payment, the Medical
Plan shall pay for routine exams, including Pap smears and
mammograms, not to exceed the following:
Six (6) visits, including immunizations, up to 1 year of
age;
Three (3) visits per calendar year, including immunizations,
from ages 1 to 2 years;
Two (2) visits per calendar year, including immunizations,
from ages 2 to 6 years;
One (1) visit per calendar year age 6 and older.
Out-of-Network, the Medical Plan shall pay fifty percent
(50%) of expenses for routine exams, including Pap smears
and mammograms, after the annual deductible has been
satisfied, not to exceed the above schedule.
(4) Home Health Care Benefits
In-Network, the Medical Plan shall pay ninety percent (90%)
of expenses for up to sixty (60) home health care visits per
calendar year, after $50 of the $200 deductible has been
satisfied. Out-of-Network, the Medical Plan shall pay
seventy percent (70%) of expenses for up to sixty (60) home
health care visits per calendar year, after the full
deductible has been satisfied.
(5) Hospice Care Benefits
The Medical Plan shall pay eighty percent (80%) of hospice
care expenses, incurred in a hospice care facility or at
home, after the $200 annual deductible has been satisfied,
up to a maximum benefit of $10,000 per individual.
(6) Dental Plan Benefits
The Group Dental Plan effective January 1, 1999 includes a
Preferred Provider Organization (PPO) which provides three
(3) levels of comprehensive benefits based upon whether the
service is obtained through the PPO network (In-Network),
outside the PPO network (Out-of-Network), or through a
158
Section 24(A)(6), cont.
voluntarily elected Dental Health Maintenance Organization
(DHMO). Employees who live in areas where no PPO network is
available are paid in accordance with the In-Network
benefits. In-Network shall be defined as at least two (2)
general practitioners within a ten (10) mile radius.
Features of the Group Dental Plan are as follows:
IN-NETWORK (PPO)
--------------------------------------------------------------------------------------------------------------
DENTAL SERVICE BENEFITS PAYABLE DEDUCTIBLE MAXIMUM
-------------- ---------------- ---------- -------
--------------------------------------------------------------------------------------------------------------
Class I 100% of network None $3000 per calendar
(Preventive) fees year per member
(Oral Exams) inclusive of Class
(X-rays) I, II, III
--------------------------------------------------------------------------------------------------------------
Class II 90% of network $100 per calendar $3000 per calendar
(Minor fees year per member year per member
Restorative) inclusive of Class inclusive of Class
(Periodontal) II and III I, II, III
(Fillings)
(Root Canals)
--------------------------------------------------------------------------------------------------------------
Class III 60% of network $100 per calendar $3000 per calendar
(Major fees year per member year per member
Restorative) inclusive of Class inclusive of Class
(Crowns) II and III I, II, III
(Bridges)
(Dentures)
--------------------------------------------------------------------------------------------------------------
Class IV 50% of network $100 per member $1500 per member for
(Orthodontics) fees for life life
--------------------------------------------------------------------------------------------------------------
OUT-OF-NETWORK (PPO)
--------------------------------------------------------------------------------------------------------------
DENTAL SERVICE BENEFITS PAYABLE DEDUCTIBLE MAXIMUM
-------------- ---------------- ---------- -------
--------------------------------------------------------------------------------------------------------------
Class I 90% of None $3000 per calendar
(Preventive) reasonable and year per member
(Oral Exams) customary inclusive of Class
(X-rays) charges I, II, III
--------------------------------------------------------------------------------------------------------------
Class II 75% of $100 per calendar $3000 per calendar
(Minor reasonable and year per member year per member
Restorative) customary inclusive of inclusive of Class
(Periodontal) charges Class II I, II, III
(Fillings)
(Root Canals)
--------------------------------------------------------------------------------------------------------------
Class III 50% of $100 per calendar $3000 per calendar
(Major reasonable and year per member year per member
Restorative) customary inclusive of inclusive of Class
(Crowns) charges Class III I, II, III
(Bridges)
(Dentures)
--------------------------------------------------------------------------------------------------------------
Class IV 50% of $200 per member $1500 per member for
(Orthodontics) reasonable and for life life
customary
charges
--------------------------------------------------------------------------------------------------------------
159
Section 24(A)(6), cont.
DENTAL HMO
--------------------------------------------------------------------------------------------------------------
DENTAL SERVICE BENEFITS PAYABLE DEDUCTIBLE MAXIMUM
-------------- ---------------- ---------- -------
--------------------------------------------------------------------------------------------------------------
Class I 100% of network fees None None
--------------------------------------------------------------------------------------------------------------
Class II 90% of network fees None None
--------------------------------------------------------------------------------------------------------------
Class III 80% of network fees None None
--------------------------------------------------------------------------------------------------------------
Class IV 60% of network fees None None
--------------------------------------------------------------------------------------------------------------
Classes for DHMO same as for PPO
(7) The "Reasonable and Customary" schedule applied by a Company
authorized third party administrator to covered non-negotiated
medical expenses and to covered dental expenses shall be based
on the ninety-fifth percentile (95%)of the current database.
(8) Acute Care Prescription Drug Program
There shall be no deductible.
(9) Medical Plan Prescription Drug Benefits
The Plan will cover prescription drug expenses for drugs
administered in a hospital facility. Such expenses shall be
paid in accordance with the in-network and out-of-network
Plan benefits applicable to hospital charges. Employees
living outside an INTEQ pharmacy area will be permitted, by
exception through Employee Benefits, to submit their drug
charges through the Medical Plan. Additionally, in the event
the employee must fill a prescription outside the INTEQ
pharmacy area, the employee by exception through Employee
Benefits will be permitted to submit their drug charges
through the Medical Plan. The Plan will pay eighty percent
(80%) of drug charges, after the two hundred dollar
($200.00) annual family deductible has been satisfied, for
such authorized prescriptions filled outside an INTEQ
pharmacy area.
(10) Chiropractic Care Benefits
Chiropractic benefits will be paid at eighty percent (80%)
of reasonable and customary, subject to no deductible,
limited to twenty (20) visits per member per year. These
visits are not subject to medical necessity.
(11) If a pilot on duty in a foreign country requires medical
attention and the Medical Plan is not accepted, the Company
shall guarantee payment for hospitalization and other major
medical expenditures covered under the Medical Plan. Upon
return to the United States, the cost of the treatment shall
be reimbursed to the Company and/or the employee in
accordance with the Medical Plan as if the accident or
illness had occurred in the United States. The Company shall
provide on the insurance card, on an attrition basis, an
internationally accessible telephone number available to
allow foreign medical providers access to such pre-payment
or coverage guarantee.
160
Section 24(A)(12)
(12) Retiree Group Medical/Dental/Prescription Drug Coverage
Effective on the signing of this Basic Agreement, any future
pilot and flight engineer retirees will be subject to all
negotiated changes affecting active pilots and flight
engineers.
(13) Retiree Group Medical Coverage
If a pilot/flight engineer retires (normal, early with 10 or
more years of service and a minimum age of fifty (50) years,
postponed, or disability), all medical and dental coverage
will be continued until he/she becomes eligible for Medicare
solely on the basis of age. His/her spouse's coverage will
also be continued until he or she becomes eligible for
Medicare solely on the basis of age. A pilot/flight engineer
who retires (normal, early with 10 or more years of service
and a minimum age of fifty (50) years, postponed, or
disability) will be eligible to purchase medical coverage
for him/herself and spouse under the Post-65 PPO Medical
Plan to supplement Medicare when they become eligible for
Medicare solely on the basis of age.
(14) Right of Reimbursement
If a loss or injury is sustained by an employee or a covered
family member and if such loss or injury is caused by the
act or omission of a third party, health care benefits
provided under the Plan will be paid only on the condition
that the employee or family member (or his/her legally
authorized representative if the Plan member is legally
incapable) shall agree in writing: To pay the insurer or
Plan Sponsor to the extent of such benefits provided, upon
collection of damages with respect to such Plan member
whether by action at law, settlement, or otherwise.
(B) The Group Insurance Benefits underwritten and/or administered by
Connecticut General Life Insurance Company:
- Group Term Life Insurance Policy Number 0223755-01-E
- Disability Income Insurance Policy Number 0223755-23-E
- Accidental Death and Dismemberment Insurance Policy 0223755-10-E
as described in the "TWA Group Benefits - Pilots & Flight
-------------------------------------
Engineers - Disability Income Insurance, Life Insurance, Retiree
----------------------------------------------------------------
Life Insurance and Accidental Death & Dismemberment Insurance"
--------------------------------------------------------------
booklet dated December 1989.
(1) In accordance with the Letter of Agreement between the
Company and the Association, dated July 12, 1991, the
Company provided Accidental Death and Dismemberment
Insurance (AD&D) outlined on pages sixteen (16) and
seventeen (17) of the TWA Group Benefits Booklet dated
December, 1989 shall be modified in order to provide special
coverage for losses resulting from war or acts of war
(declared or undeclared) while traveling on Company business
as follows:
(a) The Limitation regarding any loss resulting from "war
or any act of war" shall be deleted.
161
Section 24(B)(1)(b)
(b) The insurance will pay for losses covered in the AD&D
policy in those instances where death or dismemberment
results from events which are covered by, or which
would have been covered by, the "War Risk" insurance
policy in effect for TWA pilots on July 12, 1991.
(c) The AD&D payment under these circumstances is not
subject to the monetary limit for all losses as
outlined in the War Risk Policy.
(d) The following schedule shall be applicable:
Monthly Basic Earnings Principal Sum
---------------------- -------------
Less than $1,200 $120,000
$1,200 but less than $1,600 $135,000
$1,600 but less than $2,000 $145,000
$2,000 but less than $2,400 $150,000
$2,400 but less than $3,000 $160,000
$3,000 and over $170,000
The above schedule replaces, for losses as referenced
in paragraph (b) above, the existing schedule of
principal sums which remains in force for other losses
due to accident as prescribed by the AD&D Plan.
(2) An optional Survivor Income Benefit Plan funded by life
insurance shall be offered to all pilots. Such Survivor
Income Benefit Plan shall provide the same benefits as
provided under the Survivor Income Option under the
Retirement Plan for Pilots of TWA (the "A Plan") except that
such benefits shall not be limited by pre-1993 earnings.
(3) The Disability Income Insurance Benefit shall be equal to
forty percent (40%) of a pilot's Basic Earnings, up to a
maximum of $4500 per month. Such benefit shall not be
reduced by any benefits payable under a compulsory state
disability income plan to which a pilot is required to
contribute. All other provisions of the current Disability
Income Insurance Benefit Plan shall remain in effect.
(4) The Special Disability Income Insurance Benefit shall be
equal to forty percent (40%) of a pilot's Basic Earnings, up
to a maximum amount of $4000 per month. Such benefit shall
not be reduced by any benefits payable under a compulsory
state disability income plan to which a pilot is required to
contribute. All other provisions of the current Special
Disability Income Insurance Benefit Plan shall remain in
effect.
(C) Survivor Medical Benefits administered by a Company authorized
third party administrator as described in the "Survivor Medical
----------------
Group Insurance Plan for Survivors of Pilots and Flight Engineers"
-----------------------------------------------------------------
booklet, Effective April 1, 1982.
The dependent's premium cost for the benefits described in this
plan shall be $45.05 per month per covered person.
162
Section 24(D)
(D) Effective January 1, 1999, a new Post-65 PPO Medical Plan,
underwritten by a Company authorized Third Party Administrator
will be made available to TWA retirees. The current 65 Plus
enrollees will be given the option of converting to the new Post-
65 PPO Medical Plan or remaining under the old 65 Plus Plan. All
future retirees will only be eligible for the new Post-65 PPO
Medical Plan.
The Post-65 PPO Medical Plan premiums will be $45.05 per month per
covered person. Provisions of this Post-65 PPO Medical Plan are:
------------------------------------------------------------------------------------------
Post-65 PPO Medical Plan
------------------------------------------------------------------------------------------
In-Network Out-of-Network
------------------------------------------------------------------------------------------
Annual Deductible $750 per individual $1,000 per individual
$1,500 per family $2,000 per family
------------------------------------------------------------------------------------------
Hospital Coverage 90% 80% after deductible
after deductible and $200 per
confinement
------------------------------------------------------------------------------------------
Coinsurance 90% 80%
Scheduled/Units after deductible after deductible
------------------------------------------------------------------------------------------
Out-of-Pocket Maximum $2,000 per individual $3,000 per individual
$4,000 per family $6,000 per family
------------------------------------------------------------------------------------------
Doctor Office 90% 80%
Visit after deductible after deductible
------------------------------------------------------------------------------------------
Prescription Brand 80% Brand 80%
Generic 90% Generic 90%
Mail Order $20 Mail Order $20
after deductible after deductible
------------------------------------------------------------------------------------------
Plan Maximum $1,000,000 per insured
------------------------------------------------------------------------------------------
(E) Pilot Additional Life Program
The existing Pilot VEBA Retiree Life Program and the Voluntary
Additional Life Insurance for Pilots will be replaced by a new
program described below. The key provisions are:
(1) Guaranteed issue upon portability when terminating or
retiring from TWA;
(2) Guaranteed issue up to $100,000 for new enrollees;
(3) Open enrollment period and guaranteed issue for all current
active employees up to their individual current coverage
level;
(4) Guaranteed rates for three years;
(5) Rates shall remain fixed upon portability at retirement; and
(6) Existing members of the Retiree VEBA will be a closed group,
keeping the existing rates and coverages.
163
Section 24(E), cont.
Provisions of Pilot Additional Life Program
----------------------------------------------------------------------------
EMPLOYEE:
----------------------------------------------------------------------------
BENEFIT FORMULA 1,2,3,4, or 5 times
Basic Annual Earnings
or Flat $150,000
----------------------------------------------------------------------------
REDUCTION FORMULA Reduces to At Age
---------- ------
65% 70
50% 75
----------------------------------------------------------------------------
BENEFIT MAXIMUM $500,000
----------------------------------------------------------------------------
BENEFIT MINIMUM $10,000
----------------------------------------------------------------------------
GUARANTEE ISSUE LIMIT $100,000
----------------------------------------------------------------------------
WAIVER OF PREMIUM Included
----------------------------------------------------------------------------
PORTABILITY Included at Termination of
Employment or Retirement
----------------------------------------------------------------------------
CONVERSION Included
----------------------------------------------------------------------------
ACCELERATED BENEFIT 50% of Face Amount Up to
$250,000
============================================================================
DEPENDENT:
----------------------------------------------------------------------------
SPOUSE BENEFIT $5,000 Increments Up to $500,000
----------------------------------------------------------------------------
CHILDREN BENEFIT $2,000 Increments Up to $10,000
----------------------------------------------------------------------------
GUARANTEE ISSUE LIMIT $25,000 for Spouse
----------------------------------------------------------------------------
---------------------------------------------------------------------------------------------
Employee Rates Spouse Rates
---------------------------------------------------------------------------------------------
(Monthly Rate / $1000 of Covered Age Rate Age Rate
Payroll) --- ---- --- ----
Volume - #
< 30 0.08 < 30 0.06
30-34 0.11 30-34 0.08
35-39 0.16 35-39 0.08
40-44 0.22 40-44 0.14
45-49 0.35 45-49 0.37
50-54 0.57 50-54 0.65
55-59 0.92 55-59 1.00
60+ 2.10 60+ 1.50
Child 0.18
Rate
---------------------------------------------------------------------------------------------
RATE GUARANTEE 3 Years
---------------------------------------------------------------------------------------------
PARTICIPATION REQUIREMENTS 50 Lives or 15%
---------------------------------------------------------------------------------------------
(F) Miscellaneous Accident Insurance underwritten by the Zurich
Insurance Company policy number GTK050113, as described in the
164
Section 24(F), cont.
"TWA Benefits, Miscellaneous Accident Insurance Program" booklet,
--------------------------------------------------------
dated January 1, 1994.
(G) Voluntary Personal Accident Insurance underwritten by the Zurich
Insurance Company policy number GTK050112, as described in the
"TWA Benefits, Voluntary Personal Accident Insurance Program"
-------------------------------------------------------------
booklet, dated January 1, 1994.
The pilot's portion of the cost of this Plan shall be twenty-seven
cents ($0.27) per $10,000 per month for single coverage and
thirty-seven cents ($0.37) per $10,000 per month for family
coverage during 1998. Future premiums will be determined by Plan
experience.
The coverage exclusion for any loss caused by, contributed to, or
resulting from war or act of war shall be eliminated.
(H) In the event a Pilot's group benefits claim is denied in whole or
in part by the insurance carrier, the pilot may, in accordance
with his/her rights under the Employee Retirement Income Security
Act of 1974 as amended (ERISA), submit a written request to the
Manager - TWA Employee Benefits for a review of his/her denied
claim. The Manager - TWA Employee Benefits or a designee will
perform a complete review of the claim and will advise the Pilot
of the findings within sixty (60) days after receiving the Pilot's
ERISA review request.
If the findings of the Manager - TWA Employee Benefits are not
satisfactory to the Pilot, the matter may be referred by the
Chairman of the MEC or his designee to the Pilots System Board of
Adjustment pursuant to Section 21 (C) of this Collective
Bargaining Agreement.
165
SECTION 25
AGENCY SHOP
(A) SERVICE CHARGE LIABILITY
Each regularly assigned pilot of the Company covered by this
Agreement shall be required, as a condition of employment,
beginning sixty (60) days after the effective date of this
Agreement or sixty (60) days after the completion of his
probationary period, whichever shall last occur (1) to be or
become a member of the Association, or (2) to pay to the
Association a monthly service charge equal to the Association's
regular monthly dues, initiation fee, and periodic assessments,
including MEC assessments, which would be required to be paid by
such pilot if a member; provided that neither membership nor the
payment of a service charge shall be required in respect to any
such pilot (a) for whom membership is not available upon the same
terms and conditions generally applicable to any other member, or
(b) as to whom membership was denied or terminated for any reason
other than failure to tender periodic dues, initiation fees and
assessments uniformly required by the Association or the TWA MEC
as a condition of acquiring or retaining membership. The
Association shall treat members and non members alike in
calculating the amounts due, in establishing the due date of
payments and in determining whether a pilot's account is
delinquent. For the purposes of this Section 25, a regularly
assigned pilot of the Company shall include a Training Pilot
regularly assigned to a domicile but shall not mean pilots
assigned to a Management Position.
(B) DELINQUENCY
If a pilot of the Company who is required by the provisions of
paragraph (A) above to pay the service charge therein specified
becomes at least sixty (60) days delinquent in the payment or
tender of such service charge, the Vice President-
Finance/Treasurer of the Association or the person designated by
him or her (herein "Vice President-Finance") shall notify such
pilot by certified mail, return receipt requested, copy to the
Vice President-Labor Relations of the Company or his/her successor
or designee, that he/she is delinquent in the payment of such
service charge and is subject to discharge as an employee of the
Company. Such notice shall also inform the pilot that he/she must
remit or tender the required payment to the Vice President-Finance
within a period of fifteen (15) days after receipt by him/her of
the notice herein referred to or be discharged. The notice of
delinquency required under this paragraph shall be deemed to be
received by the pilot ("the 25(B) receipt"), whether or not it is
personally received by him, when mailed by the Vice President-
Finance by certified mail, return receipt request, to the pilot's
last known address or to any other address that has been
designated by the pilot. It shall be the duty of every pilot
covered by this Agreement to notify the Association's Membership
Services Department of every change in his home address, or of an
address where the notice required by this paragraph can be sent
and received by the pilot, if the pilot's home address is at any
time unacceptable for this purpose.
(C) CERTIFICATION OF DELINQUENCY
If, upon the expiration of the fifteen (15) day period after the
25(B) receipt, the pilot remains delinquent by reason of failure
to pay or tender the required sum, the Vice President-Finance
shall certify in writing to the Vice President-Labor Relations of
166
SECTION 25(C), cont.
the Company or his/her successor or designee, copy to the pilot,
both by certified mail, return receipt requested, that the pilot
has failed to make or tender payment within the allowed period and
is therefore to be discharged. The Vice President-Labor Relations
of the Company or his/her successor or designee, shall thereupon
take proper steps to discharge such pilot from the service of the
Company. Termination shall be effective twenty-one (21) days after
receipt by the Company of the notice provided for herein.
(D) PROTEST PROCEDURE
A protest by a pilot whose discharge is requested by the
Association as a result of an interpretation or application of
Section 25 shall be limited to the following procedure and the
provisions of Sections 21 and 22 of this Agreement shall not
apply:
(1) A pilot who believes that the provisions of Section 25 have
not been properly interpreted or applied, as they pertain to
him/her, may submit his/her request for review in writing
within five (5) days from the date of receipt of notice by
him/her in the form of his/her copy of notice to the Company
with respect to him/her as provided in Paragraph (C). Such
request must be submitted to the Vice President-Labor
Relations of the Company or his/her successor or designee
who will review the protest and render a decision in writing
with respect thereto no later than five (5) days following
the receipt of the request of review.
(2) The Vice President-Labor Relations of the Company or his/her
successor or designee, shall forward his/her decision to the
pilot with a copy to the official of the Association who
shall promptly be designated in writing by the Association
for this purpose. Said decision shall be final and binding
on all interested parties unless appealed as hereinafter
provided. If the decision is not satisfactory to either the
pilot or the Vice President-Finance, either may appeal the
decision by filing a notice of appeal. Such notice shall be
sent to the Company, to the other party and to the National
Mediation Board within ten (10) days of the receipt of the
decision and must contain a request for the National
Mediation Board to provide a list of five (5) neutral
referees. A neutral referee may be agreed upon by the pilot
and the Association within ten (10) days after receipt of
the list of neutral referees.
If the parties cannot agree on a neutral referee, a referee
will be chosen from the panel supplied by the National
Mediation Board. The alternate strike method shall be used
to select a neutral referee with the pilot initiating the
first rejection. Such final selection of a neutral referee
shall be accomplished within ten (10) days after receipt of
the list of neutral referees. If the parties have not
reached agreement by the alternate strike method within the
aforementioned ten (10) day period, the period, the first
name listed on the five (5) name panel provided by the
National Mediation Board shall be designated the neutral
referee.
(3) The decision of the neutral referee shall be requested
within thirty (30) days after the hearing of the appeal
167
SECTION 25(D)(3), cont.
unless otherwise agreed by the pilot and the Association and shall
be final and binding on all parties to the dispute. The fees,
charges and other reasonable expenses of such neutral referee
shall be borne equally by the pilot and the Association.
(E) STATUS PENDING APPEAL
During the period in which a protest is being handled under the
provisions of Section 25 and until final decision by the Vice
President-Labor Relations, or his/her successor or designee, or
neutral referee, the pilot shall not be discharged from the
Company or lose any seniority or other rights under the Agreement
solely for the reason of non-compliance with the terms and
provisions of Section 25, provided, however, that the Company
shall not be required to award the pilot a category bid which
requires any training.
(F) DISCHARGE
A pilot discharged by the Company under the provisions of this
Section shall be deemed to have been "discharged for cause" within
the meaning of the terms and provisions of this Section and the
provisions of Sections 21 and 22 of this Agreement shall not
apply.
(G) INDEMNIFICATION
The Association agrees that it shall indemnify the Company and
save the Company harmless from any and all claims, awards or
judgments (including court costs) awarded to an employee or
employees against the Company by virtue of the misinterpretation
or misapplication of any of the terms of Section 25.
(H) DISCHARGE DELAY
Other provisions of Section 25 to the contrary notwithstanding,
the Company shall not be required to terminate the employment of
any pilot until such time as the services of a qualified
replacement are available, provided that in the judgment of the
Company such replacement is currently required for the orderly
continuation of the Company's operation. The determination of
whether a qualified replacement is available shall be the
exclusive responsibility of the Company. The Company may not,
however, retain any pilot in the service under the provisions of
this paragraph for a period of more than four (4) months from the
date of the final decision in the case.
168
SECTION 26
VOLUNTARY DUES/SERVICE CHARGE DEDUCTION
(A) The Company shall deduct from the monthly pay of each pilot
employee whose name appears on the TWA Pilots' System Seniority
List and remit to the Air Line Pilots Association membership dues
uniformly levied (not including initiation fees, fines, penalties
or assessments) in accordance with the Constitution and Bylaws of
the Association and as prescribed by the Railway Labor Act, as
amended, a monthly amount equal to the Association's regular and
usual monthly dues, which monthly amount would be required to be
paid by such pilot if a member, provided such pilot voluntarily
executes the agreed-upon form, known as the "Dues Deduction" or
"Dues Check Off" form, which shall be prepared and furnished by
the Air Line Pilots Association, International.
(B) All Dues Deduction or Dues Check Off forms will be submitted
through the VICE PRESIDENT -FINANCE/TREASURER of the AIR LINE
PILOTS ASSOCIATION to "ALPA Membership Services" or the person
designated by him or her (herein "Vice President - Finance") who
will forward the original signed copy to the Manager - Payroll of
the Company, care of Trans World Airlines, Inc., Kansas City
Xxxxxxxxxxxxxx Xxxxxx, Xxxxxx Xxxx, Xxxxxxxx 00000.
A properly executed Dues Deduction or Dues Check Off form, filed
with Manager - Payroll before the 15th day of any month will
become effective the 1st of the month following its receipt.
Illegible or improperly executed forms will be returned to the
said Vice President - Finance of the Air Line Pilots Association.
(C) Any notice of revocation as set forth in the Dues Deduction or
Dues Check Off form must be in writing, signed by the pilot, and
delivered by registered mail, addressed to the Manager - Payroll
of the Company, with copy to the Vice President - Finance of the
Air Line Pilots Association. Dues Deduction or Dues Check Off
forms and notices so received by the Company will constitute
notice of the Company on the date received and not when mailed.
(D) The Company will remit to the Air Line Pilots Association a check
in payment of all dues collected each month after the payday on
which deduction was made. These remittances will be subject to
normal accounting practice with respect to adjustments necessary
because of the methods involved in the deduction procedure. The
Company remittance of Association membership due to the
Association will be accompanied by a list of names, payroll
register number, station numbers and amount of deductions of the
pilots for whom deductions have been made in that particular
month, arranged in order of their payroll register numbers.
(E) A pilot who has executed a Dues Deduction or Dues Check Off form
and who resigns or is otherwise terminated from the employ of the
Company shall be deemed to have automatically revoked his/her
assignment and if he/she is recalled or reemployed, further
deductions of Association dues will be made only upon execution
and receipt of a new Dues Deduction or Dues Check Off form.
(F) Except as provided in paragraph (H) below, collection of any back
dues owed at the time of starting deductions for any pilot, and
collection of dues missed because the pilot's earnings were not
sufficient to cover the payment of dues in the specific pay
period, and collection of dues missed because of accidental errors
in the accounting procedures will be the responsibility of the
169
SECTION 26(F), cont.
Association and will not be subject to payroll deductions, and the
Company shall not be responsible in any way because of such missed
collections.
(G) Deductions of membership dues shall be made from the 25th of the
month paycheck on the basis of one and ninety-five one hundredths
percent (1.95%) of gross earnings, provided there is a balance in
such paycheck sufficient to cover the amount after all other
deductions authorized by the employee relating to health benefits
or pension benefits or required by law have been satisfied. In the
event of termination of employment, the obligation of the Company
to collect dues shall not extend beyond the month in which the
pilot's last day of work occurs.
(H) For pilots who have executed the Dues Deduction or Dues Check Off
form and effective January 1, 2000, the Company will implement an
audit system that will provide for the collection of any dues owed
subsequent to such execution which cannot be deducted in
accordance with paragraph (G) above due to insufficient funds.
(I) In cases where a deduction is made which duplicates a payment
already made to the Association by a pilot, and where a deduction
is not in conformity with the provisions of the Association
Constitution and Bylaws, refunds to the pilot will be made by the
Association.
(J) Trans World Airlines, shall not be held liable for any claims
which may be made by the pilots by virtue of the wrongful (other
than willful) application or misapplication of any of the terms
herein.
(K) The term "dues" as it is employed in this Section will be deemed
to include service charges assessed in lieu of dues.
170
SECTION 27
INTERNMENT, PRISONER
MISSING OR HOSTAGE BENEFITS
(A) Any pilot who, in the course of his/her duties for the Company, is
held hostage, is interned, is held captive, or is missing as a
result of hostile action by any person, group of persons, or
foreign government, shall receive compensation equal to his/her
average pay hours earned for the twelve (12) month period
immediately preceding said action or the pilot's monthly bid award
ALV, whichever is greater, each month subject to the following:
(1) Compensation paid under this paragraph shall begin at
termination of the period described in Section 11(B)(5) and
shall be prorated when less than a full month is involved.
(2) Compensation paid under this paragraph shall be in lieu of
all pay, salary, foreign service allowance, or expense
allowance which might otherwise be payable to the pilot.
(3) Pilots who have not completed one (1) year of service with
the Company as a pilot will receive only their annual salary
prorated.
(4) Payments made pursuant to this Section 27 shall continue
until death is established or until the pilot has been
missing for twenty-four (24) months and the Company has
issued a Certificate stating that such pilot is presumed to
be dead.
The pilot shall maintain and continue to accrue seniority
and longevity during any such period and shall be considered
in the service of the Company in fixing his/her rate of
compensation.
(B) The monthly compensation allowable under this Section shall be:
(1) Credited to the pilot on the books of the Company, and
thereafter held for his/her account without interest; or
(2) Disbursed by the Company to the person or persons designated
by the pilot for that purpose, if the pilot has so requested
the Company in substantially the form prescribed by the
Company for that purpose.
(C) Any amounts credited to the account of a pilot, or paid to a
beneficiary in accordance with the provisions of paragraph (B) of
this Section, shall not be required to be returned by such
beneficiary or the estate of the pilot even though it shall be
established that such payments were made after the death of the
pilot, nor shall such amounts be a charge against the estate of
the pilot; provided that any such beneficiary shall have furnished
the Company with any evidence indicating the death of such pilot
promptly after its receipt.
171
SECTION 28
CHARTER FLIGHTS
(A) GENERAL
(1) Charter pairings shall be awarded in accordance with Section 9.
(2) The Company may offer any charter pairing to a pilot who is
specifically requested by the charter purchaser.
(a) The requested pilot shall have the option to accept or
decline the pairing.
(b) If a pilot other than the requested pilot is removed
from a charter pairing as a result of the application
of paragraph 2 above, he/she shall be pay assigned for
such pairing.
(B) CHARTER WORK RULES/PAY AND CREDIT
The following provisions shall be in effect for pure charter
pairings.
(1) A pilot assigned to a charter flight shall be paid and
credited as set forth in Section 11(B).
(2) A charter flight duty period inclusive of any deadhead
positioning segments may be scheduled for fifteen hours
(15:00) for Domestic and International Operations unless a
longer scheduled on-duty period is provided for in Section 11.
(3) A pilot who deadheads in connection with any charter
operation shall be subject to the provisions of Section 8.
(C) "EXTENDED CHARTER" OR "SPECIAL INTEREST" FLIGHTS
(1) An "Extended Charter" or "Special Interest" flight is a
flight chartered by a single chartering agency or interest,
the length and/or nature of which requires or would deem
desirable the continuous assignment of the same pilot and/or
pilots for a total period scheduled to be away from the
domicile in excess of the applicable category monthly bid
award ALV multiplied by four hours (4:00) (ALV x 4 hrs.).
Awarding of such flights shall be handled according to (A)
above.
(2) A pilot assigned to such flight as outlined in (C)(1) above
shall be paid and credited in accordance with Section 11(B).
Such pay and credit generated in excess of his/her monthly
bid award ALV shall be paid in the month earned.
(3) A pilot assigned to an "Extended Charter" or "Special
Interest" flight for a continuous period in excess of thirty
(30) days may, after thirty (30) days, request relief from
such assignment from the Regional Chief Pilot and such
relief will be granted providing notice of at least seventy-
two hours (72:00) is given prior to traversing a TWA
station.
(4) The provisions of (A)(2) shall apply to an "Extended
Charter" or "Special Interest" flight(s).
172
SECTION 29
AGREEMENT PRECEDENCE
This Agreement and the attached Letters shall supersede and take
precedence over all Agreements, Supplemental Agreements, Amendments,
Letters of Understanding, Arbitration Awards, and similar related
documents executed between the Company and the Association prior to the
signing of this Agreement, provided that all rights and obligations,
monetary or otherwise, contained therein and which may have accrued
prior to the effective date of this Agreement under said Agreements,
Supplemental Agreements, Amendments, Letters of Understanding,
Arbitration Awards, and similar related documents, for the pilots of the
Company shall remain in effect until satisfied or discharged in
accordance with the terms thereof.
173
SECTION 30
EFFECTIVE DATES AND DURATION
Unless otherwise stated in this Agreement, the provisions of this
Agreement shall become effective on September 1, 1998 and the entire
Agreement shall remain in full force and effect through October 1, 2002,
and shall renew itself without change for yearly periods thereafter,
unless written notice of change is served in accordance with Section 6,
Title 1 of the Railway Labor Act, as amended, by either party hereto not
sooner than sixty (60) days but not later than thirty (30) days prior to
October 1, 2002, or, a subsequent anniversary of such date, unless the
parties mutually agree otherwise.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this
1st day of September, 1998.
TRANS WORLD AIRLINES, INC. AIR LINE PILOTS
ASSOCIATION INTERNATIONAL
/s/ /s/
------------------------------- ----------------------------------
Xxxxxx X. Xxxxx Xxxxxx X. Chronic
Vice President Chairman, TWA MEC
Flight Operations
/s/
----------------------------------
J. Xxxxxxxx Xxxxxxx
President
WITNESSES: WITNESSES:
/s/ /s/
------------------------------- ----------------------------------
Xxxxx X. Xxxxx Xxxxxxx X. Xxxxx
Director Labor Relations Chairman
TWA MEC Negotiating Committee
/s/ /s/
------------------------------- ----------------------------------
X. Xxxxxx X. X. Xxxxxx
/s/ /s/
------------------------------- ----------------------------------
X. Xxxxxx X. X. Xxxx
/s/ /s/
------------------------------- ----------------------------------
X. Xxxxxx X. X. Xxxxxx
/s/ /s/
------------------------------- ----------------------------------
X. Xxxxxx X. X. Xxxxxxxx
/s/
-------------------------------
X. Xxxxx
/s/
-------------------------------
X. Xxxxx
174
SECTION 31
DEFINITIONS
As used in this Agreement, except as otherwise provided:
(A) "Active Pay Status" means whenever a pilot is receiving
compensation under any sections of this Agreement, except Section 27.
(B) "Additional Flying" means trips assigned through the Trip Add
System and the Volunteer Fly List.
(C) "Average Line Value" (ALV) means the total credit of all awarded
bid runs, excluding supplemental bid runs, by category divided by
the number of bid runs, excluding supplemental bid runs, by
category. For the purposes of this paragraph, "total credit"
includes additional flying and OFR trip credit extending from the
previous month into the bid month.
(D) "Basic Agreement", "Collective Bargaining Agreement" (CBA) and
"Working Agreement" mean this TWA-ALPA Agreement.
(E) "Bid month" or "month" shall mean the following inclusive periods:
January 30 days January 1-30
February 30 days January 31-March 1
(Leap year 31 days)
March 30 days March 2-31
April 30 days April 1-30
May 31 days May 1-31
June 30 days June 1-30
July 31 days July 1-31
August 31 days August 1-31
September 30 days September 1-30
October 30 days October 1-30
November 31 days October 31-November 30
December 31 days December 1-31
(F) "Bid Run Pilot" means a pilot who is awarded a scheduled sequence
of trips for a monthly bid period.
(G) "Block-to-Block" time shall mean that period of time beginning
when an aircraft first moves from the ramp blocks, for the purpose
of flight, and ending when the aircraft comes to a stop at the
ramp blocks at the next point of landing.
(H) "Calendar Month", consistent with FAR limitations, shall mean the
following inclusive periods:
January 31 day January 1-31
February 28 days February 1-28
(Leap year 29 days)
March 31 days March 1-31
April 30 days April 1-30
May 31 days May 1-31
175
Section 31(H), cont.
June 30 days June 1-30
July 31 days July 1-31
August 31 days August 1-31
September 30 days September 1-30
October 31 days October 1-31
November 30 days November 1-30
December 31 days December 1-31
(I) "Captain" means the pilot who holds a bid as a Captain and is in
command of an aircraft at anytime he/she is aboard such aircraft
for the purpose of commanding a flight, and who is responsible for
all phases of the operation of such aircraft including but not
limited to the safety of the passengers, crew members, cargo and
airplane. All air carrier personnel assigned to a flight are under
the direct control and authority of the Captain and responsible to
him/her. The Captain shall be properly qualified to command such
aircraft and hold a currently effective airman's certificate which
authorizes him/her to serve as a pilot in command. Any
disagreement relating to the foregoing will be handled after the
completion of the flight through the appropriate authority.
(J) "Category" means a domicile, equipment type and status (e.g., STL
MD8 Captain).
(K) "Category Award" and "Category Bid Award" mean the assignment of a
pilot to fill a category vacancy pursuant to Section 19 (e.g. STL
MD8 Captain).
(L) "Domestic operations" means all duty, flying and deadheading
within the contiguous forty-eight (48) states of the United
States, Washington, DC., Alaska and Canada.
(M) "Draft" means the assignment to an open flight of the most junior
pilot in the category who is legal, qualified and available, in
accordance with Scheduling Policy. A pilot who is drafted shall
receive premium pay as set forth in Section 5(K) of this
Agreement.
(N) "Duty Aloft" means the entire period during which a pilot is
assigned as an operating crew member of an airplane crew during
block-to-block time.
(O) "Equalization" means when two (2) or more pilots are requesting
additional flying for the same day, the pilot with the least
amount of additional flying pay hours in the current month and
immediately preceding two (2) bid months will be given priority
for the assignment. If the pilots requesting additional flying
have an equal amount of additional flying, the senior pilot will
be given priority for the assignment.
(P) "First Officer" means a pilot who is second in command on a
flight, or third or fourth in command when designated so by the
Captain on three (3) or four (4) pilot B757/767 international
operations, respectively, whose duties are to assist or relieve
the Captain in the manipulation of the controls and in the
navigation of the aircraft while under way, including take-off and
landing of such aircraft; who is properly qualified to serve as
and holds a currently effective airman's certificate authorizing
176
Section 31(P), cont.
him/her to serve as a First Officer; and who holds a bid as a
First Officer or is a Reserve Officer with First Officer
qualifications. For the Company's international operations, on
turbo-jet aircraft only, a First Officer's qualifications shall
include an Airline Transport Pilot certificate and rating on the
type turbo-jet aircraft in which he/she serves as First Officer
except that the rated First Officer requirement shall not apply
when operating aircraft with a maximum gross take-off weight of
200,000 pounds or less on international flights operating to and
from domestic cities and cities in Mexico, the Caribbean and
Central America.
(Q) "Fixed Daily Rate" means the number of hours of pay and credit
fixed at a value of two hours thirty minutes (2:30) (i.e. 75
Hr./30 Days). For bid run construction purposes, all activities
whose credit depends on a daily rate shall be valued using the
FDR.
(R) "Flight Engineer" means an employee who is the occupant of the
third seat on three-pilot turbo-jet crews, who is responsible
while in flight or enroute for the safe and efficient mechanical,
electrical and electronic functioning and the air-worthy condition
of the aircraft, irrespective of the means of propulsion, and its
components (including recognition and correction of their
malfunctioning) and for manipulation of its engineering controls
and all related ground and flight duties as assigned and who is
properly qualified to serve as such and holds such valid and
currently effective certificates as are required by applicable
Federal regulations and a currently effective commercial license
and instrument rating. In addition, Flight Engineer refers to an
employee who has been awarded a bid to fill a domicile vacancy or
a Reserve Officer with Flight Engineer qualifications.
(S) "Guarantee" means:
For pilots who have completed one (1) year of service with the
Company as a flight deck crew member:
Effective: Bid Run Holder Reserve Schedule Holder
---------- -------------- Reserve Officer
---------------
September 1, 1998 72 hours ALV minus 3 hours,
not less than 72 hours
September 1, 1999 73 hours ALV minus 3 hours,
not less than 73 hours
September 1, 2000 74 hours ALV minus 3 hours,
not less than 74 hours
September 1, 2001 and thereafter 75 hours ALV minus 3 hours,
not less than 75 hours
The guarantee for a pilot with less than one (1) year of service
as a flight deck crew member shall be seventy-five hours (75:00).
(T) "International operations" means all duty, flying and deadheading
not specifically defined as domestic operations.
(U) "Mile" means a statute mile of 5,280 feet.
177
Section 31(V)
(V) "Mock Bid" means a bid awarded in the pilot's current category in
accordance with his/her seniority and used solely for the purposes
of determining the pilot's job (bid/reserve) and operational
indicator (domestic/international).
(W) "Monthly Flying Time" means the sum of total daily flying time in
each category multiplied by the number of days in the calendar
month and from the resulting figure shall be subtracted the total
inoperative time of those flights that do not operate each day of
the month. To this resulting figure will be added all time
scheduled to be credited under the provisions of Section 11 of the
current collective bargaining agreement (i.e. flight time credit
under Section 11(B), flight pay assignment, vacation time, sick
pay, training credit, deadhead credit, call out pay, equipment
substitution protection credit, jury duty credit), charter and
ferry flights.
(X) "Narrowbody" means all models of the following equipment types:
X000, X000, X000, XX0, XX0, B727 and any aircraft type with a
maximum gross weight of 176,000 pounds or less.
(Y) "Offering A Trip" or "OFR" shall mean a mechanism for bid run
pilots to offer trips into open time in accordance with Section 9.
Until the offered trip is selected by another pilot or Crew
Schedule, the offering pilot will remain responsible for the trip.
(Z) "Permanent Transfer" means any transfer or combination of
transfers in excess of ninety (90) days in any one (1) period of
assignment.
(AA) "Pilot" means Captain, First Officer, Flight Engineer, and Reserve
Officer, as herein defined.
(BB) "Rescheduled" as used in Section 11 of this Agreement means a
change in flight assignment after a pilot has reported for duty at
his domicile, layover station, or crew change station.
(CC) "Reserve Officer" means a pilot with First Officer or Flight
Engineer qualifications, who is assigned to serve as a First
Officer or Flight Engineer, but who has not been awarded a bid to
fill a domicile vacancy.
(DD) "Reserve Schedule" means a sequence of alternating periods of
availability for flight duty, and periods free from duty at a
pilot's domicile to which a pilot is assigned as the result of
his/her bid on such pilot's domicile bid preference sheet.
(EE) "Scheduled for Duty Aloft" means the assignment of a pilot on the
basis of the flight time established in the operations schedules,
rather than the actual flight time.
(FF) "Small Widebody" means all models of the following equipment
types: B757, B767, A321 and any aircraft type with a gross weight
greater than 176,000 pounds but less than 500,000 pounds.
(GG) "Status" means a bid status and shall be considered to be in
descending order as follows: Captain, First Officer, and Flight
Engineer.
178
Section 31(HH)
(HH) "Target" means the amount of hours determined by dividing all
monthly flying time for the bid period for each category by the
number of bid run pilots available for the bid period by each
category. All bid runs shall be constructed within a range of TGT
of at least plus or minus (+/-) four hours (4:00) and no more than
plus or minus (+/-) five hours (5:00), provided further that the
minimum bid run shall be seventy-two hours (72:00) and the maximum
bid run shall be eighty-five hours (85:00). This definition is
subject to the Exception of Section 10(B)(7)(b).
(II) "Trip Add System" or "TAS" means a structured mechanism for pilots
to add flights to their schedules in accordance with equalization
and the provisions of Section 9.
(JJ) "Vacancy" means a requirement for a pilot in a category.
(KK) "Volunteer Fly List" means a list maintained by the Company of
pilots who notify the Company that they are available to fly on
days they are not otherwise scheduled to fly, in accordance with
the applicable provisions of Section 9.
179
LETTER I
LETTER OF AGREEMENT
BETWEEN
TRANS WORLD AIRLINES, INC.
AND
THE AIR LINE PILOTS
IN THE SERVICE OF
TRANS WORLD AIRLINES, INC.
AS REPRESENTED BY
THE AIR LINE PILOTS ASSOCIATION
INTERNATIONAL
THIS LETTER OF AGREEMENT is made and entered into in accordance with the
provisions of Title II of the Railway Labor Act, as amended, by and
between TRANS WORLD AIRLINES, INC., it successors or assigns
(hereinafter known as the "Company" or "TWA") and the Air Line Pilots in
the service of TRANS WORLD AIRLINES, INC. as represented by the AIR LINE
PILOTS ASSOCIATION, INTERNATIONAL (hereinafter known as the
"Association" or "ALPA").
SECTION 1
It is mutually agreed and understood by and between the parties to this
Letter of Agreement that the provisions hereof shall be applicable only
to the Company's Civil Reserve Air Fleet Operation (CRAF). It is further
agreed and understood that all Sections of the Basic TWA/ALPA Agreement,
as hereinafter defined, except those Sections which are specifically
modified or excepted by this Letter of Agreement shall be applicable to
the Company's "CRAF Operation".
SECTION 2
DEFINITIONS
(A) The word "Agreement" when used in this Letter of Agreement means
the Agreement between Trans World Airlines, Inc., and the Air Line
Pilots in the service of Trans World Airlines, Inc., as
represented by the Air Line Pilots Association, International,
signed July 20, 1977.
(B) The term "CRAF Operation" for the purposes of this Letter of
Agreement means all flight operations conducted in accordance with
the agreement between Trans World Airlines, Inc., and the
Department of Defense covering such operation but shall not
include the Company's certificated service or commercial charter
service or any other Government operation.
SECTION 3
COMPENSATION
Rates of compensation on the Company's "CRAF Operation" shall be those
specified in the Agreement for pilots based on International Operations,
provided that a pilot assigned to such operation shall receive, as a
minimum guarantee, monthly compensation equal to his average earnings
during the two calendar months preceding such month of assignment.
180
LETTER I, cont.
SECTION 4
EXPENSES
A pilot assigned to the Company's "CRAF Operation" shall receive trip
and moving expenses in accordance with the Agreement.
SECTION 5
FILLING OF VACANCIES
(A) In anticipation of the emergency nature of the "CRAF Operation",
the Company shall keep on file a currently effective CRAF standing
Preference List. The Company shall advertise such Preference List
by appropriate pilot bulletin at least once each year. A pilot may
submit or withdraw a bid for assignment to the "CRAF Operation" at
any time by sending a telegram/fax to the Staff Vice-President -
Flying; or by maintaining his/her current preferences in the
appropriate section of the electronic Standing Bid Form. When
submitting such a bid a pilot shall specify whether he/she is
bidding for a captain, first officer, or flight engineer vacancy.
The Company will publish a copy of such Preference List each
calendar year for posting at all domiciles, it being understood
that such copies cannot always be completely current.
(B) In the event of implementation of the Company's "CRAF Operation"
during the first sixty (60) days of such operation, vacancies
shall be filled in the following order:
(1) Assignment by status of pilots who have bids on file in
accordance with (A) above as of midnight of the day
preceding official announcement of the implementation of the
Company's "CRAF Operation". To the extent the requirements
of the operation will permit, such assignments shall be made
in order of seniority.
(2) In the event existing CRAF vacancies are not filled in
accordance with (1) above, the Company may assign pilots,
but bid status, in inverse order of seniority to the extent
the requirements of the operation will permit.
(3) In the event the Company is unable to fill CRAF vacancies
with qualified pilots under (1) or (2) above, assignment
will then be made from the standing Preference List in order
of seniority to the extent the requirements of the operation
will permit.
(4) If CRAF vacancies still exist after application of (1), (2),
and (3) above, pilots will then be assigned in inverse order
of seniority to the extent the requirements of the operation
will permit.
(C) Pilots assigned under (B) above will be considered as having been
assigned to temporary duty for the purposes of Section 4 above.
(D) The Company may exclude from assignment of pilots under (B)(1) and
(2) above any pilot who is not fully qualified for the operation.
(E) Not later than sixty (60) days after the implementation of the
Company's "CRAF Operation" all CRAF assignments shall be open for
bid in accordance with Section 19 of the Agreement. Following such
initial sixty (60) day period, pilots shall be assigned to and
displaced from the Company's "CRAF Operation" in accordance with
181
LETTER I, cont.
the provisions of Section 19 of the Agreement to the extent the
requirement of such operation will permit.
(F) The parties to this Agreement recognize that some of the pilots in
the employ of TWA have obligations as reserves in the armed forces
of the United States and any assignments made to the Company's
"CRAF Operation" would be subject to such obligations.
SECTION 6
INSURANCE BENEFITS
A pilot assigned to the Company's "CRAF Operation" will be eligible for
continued participation in the applicable Company's Employees' Insurance
Program. In addition thereto a pilot so assigned shall be entitled to
insurance protection as set forth on page 10.72.06 of the Company's
Management Policy and Procedure Manual, paragraph 1, dated October 21,
1965.
SECTION 7
RETIREMENT BENEFITS
A pilot assigned to the Company's "CRAF Operation" will be eligible for
continued participation in the Retirement Plan for Employees of TWA and
the Pilots or Flight Engineers Trust Annuity Plan. Contributions to the
subject plans shall be based on the earnings of a pilot while assigned
to the Company's "CRAF Operation".
SECTION 8
SICKNESS AND INJURY BENEFITS
A pilot assigned to the Company's "CRAF Operation" shall be covered by
Section 15 of the Agreement.
SECTION 9
BENEFIT ASSIGNMENTS
A pilot assigned to the Company's "CRAF Operation" shall be covered by
Section 27 of the Agreement. The Company shall call to the attention of
a pilot assigned to the "CRAF Operation" the options set forth in
paragraph (B) of Section 27 of the Agreement and afford such pilot the
opportunity to select one of such options. An appropriate form will be
made available for this purpose.
SECTION 10
GENERAL
The Company shall provide each pilot in its employ with a copy of this
Letter of Agreement.
182
LETTER I, cont.
SECTION 11
DURATION
THIS LETTER OF AGREEMENT shall become effective on December 1, 1966, and
shall remain in full force and effect concurrently with the Agreement
signed September 1, 1994.
IN WITNESS WHEREOF, the parties hereto have signed this Letter of
Agreement this 1st day of September 1994.
FOR TRANS WORLD AIRLINES, INC.
----------------------------------
/s/ Xx. Xxxxxx X. Xxxxxx
Director, TWA Labor Relations
FOR THE ASSOCIATION
----------------------------------
/s/ Xxxxx X. Xxxxxx
Chairman, TWA MEC Negotiating Committee
FOR THE AIR LINE PILOTS IN THE SERVICE
OF TRANS WORLD AIRLINES, INC.
----------------------------------
/s/ J. Xxxxxxxx Xxxxxxx, President
183
LETTER II
LETTER OF AGREEMENT
BETWEEN
TRANS WORLD AIRLINES, INC.
AND
THE AIR LINE PILOTS
IN THE SERVICE OF
TRANS WORLD AIRLINES, INC.
AS REPRESENTED BY
THE AIR LINE PILOTS ASSOCIATION
INTERNATIONAL
THIS LETTER OF AGREEMENT is made and entered into in accordance with the
provisions of Title II of the Railway Labor Act, as amended, by and
between TRANS WORLD AIRLINES, INC., it successors or assigns
(hereinafter known as the "Company" or "TWA") and the Air Line Pilots in
the service of TRANS WORLD AIRLINES, INC. as represented by the AIR LINE
PILOTS ASSOCIATION, INTERNATIONAL (hereinafter known as the
"Association" or "ALPA").
The Air Line Pilots Association, International and Trans World Airlines,
Inc., in the interest of national defense, hereby agree:
1. That the pilots in the service of Trans World Airlines, Inc., will
continue to perform all duties which are necessary to enable the
Company to operate military flight on which Trans World Airlines
carries exclusively military traffic for the United States
Government, even though such pilots withdraw from commercial
airline service because of unresolved labor disputes of any type,
including disputes arising out of negotiations for a new contract.
2. That pay and other benefits for such pilots who perform duties in
connection with such military flights, pursuant to paragraph 1
hereof, will:
(a) for any period prior to the opening date of the contract
between the parties be governed by the then existing
contract unless modified by agreement of the parties and,
(b) after the opening date of the contract be governed by either
the contract that existed during the said labor dispute or
the contract negotiated, if any, as a settlement of such
dispute, whichever is more beneficial to such pilots.
3. That this is consistent with the long-standing policy and
performance of the Air Line Pilots Association, International.
4. In the event any such pilot is assigned to perform duties in
connection with such military flights, pursuant to the terms of
paragraph 1 hereof, the Vice President of Industrial Relations or
his designee shall supply to the Association a written
certification that such duties are necessary to enable the Company
to operate such military flights.
184
LETTER II, cont.
5. This Agreement shall be effective March 2, 1968 and shall continue
in full force concurrent with the basic Working Agreement signed
July 20, 1977.
6. This Agreement shall not apply to any military flights the Company
may operate for any other carrier. Further, this Agreement shall
not apply to military flights the Company may contract for during
the term of a strike other than those military flights contracted
for as a result of a contract renewal or a new contract signed
subsequent to the expiration of a contract.
Signed this 20th day of July 1977.
FOR TRANS WORLD AIRLINES, INC.
/s/ X. X. Xxxxxxx
Vice President, Industrial Relations
WITNESS:
/s/ Xxxxxxx X. Xxxxxxx
FOR THE AIR LINE PILOTS IN THE
SERVICE OF TRANS WORLD AIRLINES, INC.
/s/ X. X. X'Xxxxxxx, President
WITNESS:
/s/ Xxxxx X. Xxxxxxx
/s/ X. X. Xxxxxxx
/s/ Xxxxxx X. Xxxxx
/s/ Xxxxxx X. Xxxxx
/s/ Xxxxxx X. Xxxxxxx
/s/ Xxxx X. Xxxxxx, Xx.
185
LETTER III
December 10, 1964
Xx. Xxxxx X. Xxxxxxx
0000 Xxxxx Xxxxx
Xxxxxxxxx Xxxxx, Xxxxxxxxxx
Dear Xx. Xxxxxxx:
This will confirm our understanding in connection with the disability
retirement minimum set forth in the TWA-ALPA Agreement signed January 8,
1965.
In the event the Federal Aviation Agency or its successor agency
establishes higher physical standards for a pilot to be certified in the
operation of future types of Company aircraft, failure to meet such new
qualifications shall not entitle a pilot to disability benefits as
provided in the aforementioned Agreement.
If the above accurately reflects our understanding, please obtain the
signature of Mr. Ruby as indicated below and return to this office.
Sincerely,
/s/ Xxxxxxx X. Xxxxxx
/s/ Xxxxx X. Xxxxxxx
186
LETTER IV
September 25, 1975
Xx. Xxxx X. Xxxxxx
Master Executive Chairman
Air Line Pilots Association
Pan Am Building
000 Xxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
Dear Xx. Xxxxxx:
This is to confirm our understanding concerning the application of the
provisions of Section 25 of the recently concluded agreement between
Trans World Airlines, Inc., and the Air Line Pilots Association.
As used in Paragraph (A) of that Section, the term "Management" is
deemed limited to the following:
1. Pilots on the corporate staff.
2. General Managers - Flying.
3. One Manager - Pilots - who acts as Assistant General Manager -
Flying in each domicile.
4. Staff Vice President - Flight Operations Training.
5. Pilot management reporting directly to the Staff Vice President -
Flight Operations Training.
Very truly yours,
---------------------------------
/s/ X. X. Xxxxxxx, Vice President
TWA Industrial Relations
187
LETTER V
LETTER OF AGREEMENT
BETWEEN
TRANS WORLD AIRLINES, INC.
AND
THE AIR LINE PILOTS
IN THE SERVICE OF
TRANS WORLD AIRLINES, INC.
AS REPRESENTED BY
THE AIR LINE PILOTS ASSOCIATION
INTERNATIONAL
THIS LETTER OF AGREEMENT is made and entered into in accordance with the
provisions of Title II of the Railway Labor Act, as amended, by and
between TRANS WORLD AIRLINES, INC., it successors or assigns
(hereinafter known as the "Company" or "TWA") and the Air Line Pilots in
the service of TRANS WORLD AIRLINES, INC. as represented by the AIR LINE
PILOTS ASSOCIATION, INTERNATIONAL (hereinafter known as the
"Association" or "ALPA").
WHEREAS, the Company wishes to install in its aircraft the Airborne
Integrated Data System (AIDS) an may, at future times, desire to install
other improved systems for the recording and collection of in-flight
data; and
WHEREAS, the parties are in agreement that the improved recording and
collection of data through the constant in-flight monitoring of
equipment will contribute to safety by the early identification of
equipment problems, and also constitute a valuable tool for accident
investigation, and should be supported by all, with appropriate
safeguards against improper use,
NOW, THEREFORE, it is agreed between the parties that the use of AIDS
and other equipment for the recording and collection of in-flight data
by the Company will be in accordance with the following:
1. The pilots in the service of the Company accept the AIDS system
and their duties attendant thereto.
2. AIDS and other similar equipment may be used without limitation to
obtain mechanical information.
3. Such equipment may likewise be used to monitor operational trends,
to evaluate the effectiveness of training, to identify possible
needs for procedural changes and to assist in accident
investigation. Data obtained through AIDS systems which is used to
determine operational trends will not identify specific crew
members associated therewith.
4. Information obtained through the use of AIDS and other equipment
for the recording and collection of in-flight data will not be
used as a basis for disciplinary action nor will data be
introduced by the Company in any grievance
188
LETTER V, cont.
proceedings or System Board of Adjustment proceedings unless the
Association introduces AIDS data.
5. Data obtained through these systems will not be disclosed to third
parties. However, such data will be made available to the pilot
upon his request or to authorized Government agencies for accident
and incident investigation purposes only and only after demand by
such agencies.
6. In order to prevent the use of data for purposes injurious to the
Company or its employees, raw data shall not be retained for
periods longer than required by Federal Agencies, except that bulk
raw data necessary for maintenance and operational purposes may be
retained for periods up to ninety days.
7. Upon request by properly authorized Association representatives
the Company will make available to such representatives AIDS
information relating to accidents and incidents.
8. This Agreement shall apply to the Airborne Integrated Data Systems
(AIDS) and to any other system for the recording and collection of
in-flight data which the Company may install in the future. Prior
to the installation of such other systems or the implementation of
further developments or refinements of the systems referred to in
the previous paragraphs of this Letter of Agreement, the Company
will, with adequate advance notice, confer with the Association as
to the Company's plans and intentions respecting the matter and
take into consideration in formulating its future course of action
the points of view put forth by the association.
IN WITNESS WHEREOF, the parties hereto have signed this Letter of
Agreement this 20th day of July 1977.
FOR TRANS WORLD AIRLINES, INC.
/s/ X. X. Hilly
WITNESS:
/s/ Xxxxx Xxxxxx
/s/ Xxxx Xxxxxx
/s/ X. X. X'Xxxxxx
FOR THE AIR LINE PILOTS ASSOCIATION,
INTERNATIONAL
/s/ X. X. X'Xxxxxxx
WITNESS:
/s/ Xxxxx X. Xxxxxxx
/s/ H. Xxxxxxx Xxxxxxx
/s/ Xxxxxx Xxxxxx
189
LETTER VI
November 1, 1989
Xxxxxxx X. Xxxxxxx, Chairman
TWA MEC Negotiating Committee
Air Line Pilots Association
1801 Park 000 Xxxxx
Xxxxx 000, Xxxxxxxx XX
Xx. Xxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxx:
This is to confirm that Trans World Airlines, Inc., and the Air Line
Pilots Association have agreed to the establishment of international
satellite domiciles for narrowbody and widebody aircraft (hereinafter
referred to as international satellites) in accordance with the
provision listed below:
1. The purpose of this agreement is to allow TWA to operate flights
between international cities in the most efficient and economical
manner possible. In addition to the foregoing:
A. The Company may operate flights between international
satellites in the Caribbean and the United States.
B. The Company may operate international satellite flights
between an international city and a domestic city which
involved an oceanic crossing provided there are no more than
four (4) round trips per week.
2. TWA may establish international satellites located in any
international city served by TWA, currently or at any time in the
future.
3. Lines shall consist of international satellite flights only and
shall be published separately in the domicile bid package. The
Company shall determine the domicile(s) to be assigned
international satellite flying. Lines of time shall be assigned to
more than one domicile whenever:
A. There is a total of twelve (12) or more international
satellite lines for an equipment type and;
B. There is more than one international satellite city from
which such equipment type is flown and;
C. Such equipment type is flown by more than one domicile.
A satellite city shall be associated with only one domicile. The
Company will not be required to split lines if the result would be
less than four (4) lines being associated with a domicile.
Examples:
A. Total 727 International satellite lines = 15
Satellites = CDG (3 lines) - FRA (9 lines)
CDG assigned to STL and FRA assigned to JFK
190
LETTER VI, cont.
B. Total 727 International satellite lines = 15
Satellites = CDG (3 lines) - FRA (12 lines)
No Split, all lines assigned to JFK or STL
C. Total 727 International satellite lines = 15 Satellites =
CDG (3 lines) - ATH (3 lines) - FRA (9 lines)CDG and ATH
assigned to STL and FRA assigned to JFK
The monthly ALV may vary between 65 and 85 hours for each
equipment type utilized on the international satellite operations
and such ALV may be determined separately and independently of the
domestic operation and the remainder of the international
operation. Individual lines may be constructed in excess of this
ALV in order to provide efficient sequencing if agreed to by the
parties.
4. Pilots must be qualified and available for a full month (i.e. no
vacation, training other than recurrent, or other lost time) in
order to be awarded a satellite line of time.
5. After international satellite lines have been awarded, pilots
shall be scheduled for any necessary training. Any illegality or
over the end of the month conflict shall be handled in the
following manner:
A. The pilot shall be permitted two days from the notification
of the bid in order to trade himself/herself legal or
correct any conflict.
B. If the pilot is unable to correct the illegality or conflict
via mutual trade, the Company may correct the illegality or
conflict by removing flight activity in the old month and
balance accordingly.
6. Pilots may be involuntarily assigned to international satellite
lines of time in the event of insufficient bidders. In the event
satellite line(s) are not bid, involuntary assignment to such
line(s) shall come from the domicile having the insufficient
bidder(s). Pilots at all domiciles qualified and currently holding
a bid on the equipment utilized on the satellite operation shall
be afforded the opportunity to submit a standing bid for temporary
assignment to the satellite. Such bid preferences shall be
honoredin order of seniority, prior to the involuntary assignment
as a result of insufficient bids at the domicile. Such assignment
will not generate temporary assignment expenses under Section 7
(B)(2).
7. Notwithstanding the provisions of Section 12 (A), reserve staffing
shall not be established for this operation. However, should the
Company decide to establish reserve protection for this operation,
pilots shall be afforded an opportunity to bid such reserve lines
in accordance with seniority.
8. Pilots flying the international satellite operation shall be
entitled to international rates of pay exclusive of navigation
pay. Notwithstanding the foregoing, navigation pay in accordance
with Section 4 (D)(6) shall apply to flight segments which require
the use of specialized navigation equipment (e.g. INS or Omega)
during oceanic operations.
9. First Officers will not be required to possess an equipment rating
for this operation as required in Section 31 for international
191
LETTER VI, cont.
operations except that Section 31 requirements for a rated first
officer shall apply to flights involving an oceanic crossing.
10. Pilots will be provided one positive Class B round trip pass from
his/her domicile to the international satellite for purposes of
reporting to and returning from his/her assignment. Any pilot who
is required to report to his permanent domicile during such period
of assignment to an international satellite will be provided
positive Class B round trip transportation from the satellite to
the permanent domicile.
11. With the exception of the Cairo satellite, hourly expenses as
provided in the Agreement will commence at the departure of the
pilot's positioning TWA flight to the international satellite
provided that flight is scheduled to arrive no sooner than the day
before the departure of his/her first scheduled flight. In the
event there is no TWA flight scheduled to arrive the day before
the pilot's first flight assignment, expenses will commence at the
departure of the last TWA flight which will position the pilot in
the satellite at least one day prior to his/her first satellite
flight. Expenses shall continue until the arrival of the pilot's
return TWA flight to his/her domicile, provided such pilot leaves
the satellite city within 24 hours of his/her last flight. In
Cairo, expenses shall commence 48 hours prior to the pilot's first
satellite flight. Expenses shall continue until the arrival of the
pilot's return TWA flight to his/her domicile, provided such pilot
leaves the satellite city within 24 hours of his/her last flight
assignment unless there is no TWA flight departing within the 24-
hour period, in which case expenses will continue until the
arrival of the first TWA flight departing the satellite. Should
the pilot choose to position himself/herself earlier or return to
his/her domicile later, the pilot shall be considered to be on
his/her own expense. A pilot who so chooses shall have his/her
expenses begin 24 hours before his/her first scheduled assignment
and end 24 hours after his/her last scheduled assignment. No
additional trip expenses shall be paid while flying. A pilot may
remain at the satellite on expenses after completing his/her
monthly flight assignments only if he/she already holds an
international satellite line of time for the next month.
12. Company paid hotel rooms and transportation in accordance with
Section 7 (B)(1) shall be provided for each pilot at the satellite
city in addition to normal layover hotel rooms as required by
flight assignments.
13. Trip and duty hours shall commence and end at the report and
release of each pairing at the international satellite except as
provided in Paragraph 23 of this letter.
14. On duty limits and minimum rest shall be in accordance with
domestic rules, except that flights which include an oceanic
crossing shall have on duty and minimum rest calculated in
accordance with international rules. International FAR's shall
apply to all international satellite operations. The domestic
contractual rules of 30 in 7, 8 in 24, at domicile shall not apply
to international satellite operations. Diurnals shall be based on
local time of the international satellite. A pilot positioning
across the Atlantic will not be required to act as an operating
crew member thereafter without an intervening rest period of 13:30
scheduled, 11:30 actual; however, in the event the positioning
192
LETTER VI, cont.
flight operates late, a pilot may at his/her discretion waive an
additional two (2) hours of rest.
15. Any trips open due to illegalities or other reasons shall be
protected by the pilots who hold international satellite lines of
time.
16. Pilots on domestic lines of time shall not be involuntarily
balanced on international satellite flights. However, pilots on
domestic lines of time may request balance or use Section 9
processes to acquire international satellite flights,
qualifications permitting. Pilots on international satellite lines
of time may not use Section 9 processes to acquire domestic
flights but may be balanced on domestic flights if no
international satellite flights are available. (Such balancing
shall not result in the proration of the international satellite
pilot's guarantee.) In all other instances, all pilot guarantees
will be prorated based on services performed.
17. Normal balancing rules shall apply (i.e., under current monthly
guarantee) when balancing a pilot on any international satellite
flight. However, an international satellite pilot shall not be
involuntarily balanced on a domestic flight between his/her
international satellite assigned flights unless his/her projection
is more than 12 hours below his/her guarantee.
18. BLIP's or required balance will be awarded three (3) days in
advance of the operating flight departure for pilots domiciled at
JFK and four (4) days in advance of the operating flight departure
for pilots based at other domiciles.
19. All flying shall be paid at the rate of the operation actually
flown.
20. Except as provided herein, pilots engaged in the international
satellite operation will be afforded the same treatment as all
other pilots assigned to the international operation.
21. The system schedule chairman shall provide normal scheduling input
as to the sequencing of flights. Additionally, pilots on the
international satellite operation shall be allowed to mutually
trade flights provided such trades cause no disruption of the
operation.
22. In recognition of these new concepts and the possible need for
modifications based on operating experience, the Staff Vice-
President of Flying may make temporary changes in the
international satellite operation when such changes are necessary
to continue the efficient operation of flights. In such event, the
Staff Vice-President of Flying shall, without delay, consult the
Negotiating Committee for the purpose of resolving a mutually
approved policy to cover the problems which required the temporary
changes.
23. Bid line pilots drafted (not involuntarily assigned pursuant to
Paragraph 6 above) to cover international satellite flights shall
be provide deadhead transportation between the domicile and the
international satellite and shall have expenses, trip credit and
duty credit as provided in Section 11 of the working agreement
based on domicile report and release times. Further, for purposes
of this provision only, the provisions of Section 11 (B)(2)(d)
193
LETTER VI, cont.
shall be applicable to duty periods which consist solely of
deadhead. Application of this paragraphshall not trigger the rated
First Officer requirement contained in Paragraph 9 of this letter.
Very truly yours,
/s/ X. X. Xxxx
AGREED AND ACCEPTED
-----------------------------
/s/ Xxxxxxx X. Xxxxxxx
194
LETTER VII
September 14, 1993
Xx. Xxxxxxx X. Xxxxxxx, Chairman
TWA Master Executive Council
Air Line Pilots Association
0000 XxXxxxxx Xxxx, Xxxxx 000
Xxxxxxxxx, Xxxxxxxx 00000-0000
Dear Xxxx:
This letter shall confirm our mutual understanding regarding the
procedures which shall govern interaction between the Professional
Standards Committee of the TWA MEC and TWA. Both the Association and the
Company recognize and acknowledge their mutual and separate
responsibilities to promote and insure the highest standards of
professionalism and safety among TWA pilots. Further, it is the mutual
goal of the parties that TWA pilots be treated fairly and equitably.
The MEC Professional Standards Committee has indicated that its goals
are to facilitate resolution of disputes relating to:
1. Conflicts between pilots which affect their professional
interactions.
2. Conflict between a pilot and a member of another employee group.
3. Conduct of a pilot that reflects unfavorably upon the profession.
The Company acknowledges that in order to be effective, the proceedings
of the MEC Professional Standards Committee must be and remain
completely confidential.
Should a professional standards problem come to the attention of the
Company, it may at its sole discretion, refer such dispute to the MEC
Professional Standards Committee. Whenever the Company elects to refer a
dispute to the MEC Professional Standards Committee, the Committee shall
normally have a period of 30 days, or such other period as may be
designated by the Company, during which to attempt to resolve the
problem. During such 30-day (or other) period, the Company agrees to
hold in abeyance any action it may have commenced or contemplate taking
unless further information becomes known which would alter the facts as
understood by the Company at the time it made its referral. At or before
the end of the 30-day (or other) period the MEC Professional Standards
Committee shall make a verbal report to appropriate TWA management
either that "the problem is resolved" or that the "MEC Professional
Standards Committee is unable to be of any further assistance."
In the event that successful resolution of a problem is not attained by
the Committee within the aforementioned 30-day (or other) period, the
Company is then free to take whatever action it deems appropriate and
necessary, which is not inconsistent with the terms of the TWA/ALPA
Working Agreement, to resolve the problem. In cases where the Company
would elect to commence or continue disciplinary proceedings, the delay
caused by the 30-day (or other) period will not be raised by the
Association as a defense nor will the Company assert any failure of the
MEC Professional Standards Committee to arrive at a successful
resolution as supporting its position. The company further agrees that
no MEC Professional Standards Committee member will be asked or required
195
LETTER VII, cont.
by the Company to bear witness in any disciplinary case that has been
previously referred to the Committee by the Company.
The Company shall, in connection with any case referred by it and if so
requested by the MEC Professional Standards Committee, encourage any
employee involved in a dispute to work with the Committee to attempt to
attain an amicable and equitable resolution to the problem.
The existence of this letter and the procedures delineated above shall
in no way alter or diminish the Company's authority to insure
proficiency and air safety nor shall they abridge or infringe on a
pilot's rights under the TWA/ALPA Working Agreement.
Very truly yours,
/s/
Xxxxx X. Xxxxxx
Senior Vice President
Flight Operations
AGREED AND ACCEPTED:
/s/
--------------------------
Xxxxxxx X. Xxxxxxx
196
LETTER VIII
LETTER OF AGREEMENT
BETWEEN
TRANS WORLD AIRLINES, INC.
AND
THE AIR LINE PILOTS
IN THE SERVICE OF
TRANS WORLD AIRLINES, INC.
AS REPRESENTED BY
THE AIR LINE PILOTS ASSOCIATION
This Letter of Agreement is made and entered into in accordance with the
provisions of Title II of the Railway Labor Act, as amended, by and
between Trans World Airlines, Inc. (hereinafter referred to as the
"Company"), and the Air Line Pilots in the service of Trans World
Airlines, Inc., as represented by the Air Line Pilots Association,
International (hereinafter referred to as the "Association").
W I T N E S S E T H:
--------------------
WHEREAS, the Company and the Pilots desire to supplement their Pilots'
Employment Agreement, signed February 12 1957.
NOW THEREFORE, it is mutually agreed and understood by and between the
parties to this Letter of Agreement that:
The Company shall assume all liabilities against pilot personnel
resulting from alleged negligence in the manipulation or operation
of TWA aircraft by such pilot personnel. This shall not apply to
any losses, penalties or forfeitures resulting from action of a
government agency; nor shall it apply to any disciplinary action
that may be taken by the Company.
This Letter of Agreement shall be effective as of date of signing and
shall run concurrently with the Basic Pilots' Agreement signed February
12, 1957.
IN WITNESS WHEREOF, the parties have signed this Letter of Agreement
this 15th day of April, 1957.
WITNESS: For TRANS WORLD AIRLINES, INC.
WITNESS: For THE AIR LINE PILOTS IN THE
SERVICE OF TRANS WORLD AIRLINES,
INC.
197
Letter IX
LETTER OF AGREEMENT
BETWEEN
TRANS WORLD AIRLINES, INC.
AND
THE AIR LINE PILOTS
IN THE SERVICE OF
TRANS WORLD AIRLINES, INC.
AS REPRESENTED BY
THE AIR LINE PILOTS ASSOCIATION
INTERNATIONAL
THIS LETTER OF AGREEMENT is made and entered into in accordance with the
provisions of Title II of the Railway Labor Act, as amended, by and
between TRANS WORLD AIRLINES, INC., it successors or assigns
(hereinafter known as the "Company" or "TWA") and the Air Line Pilots in
the service of TRANS WORLD AIRLINES, INC. as represented by the AIR LINE
PILOTS ASSOCIATION, INTERNATIONAL (hereinafter known as the
"Association" or "ALPA").
WHEREAS, the parties are currently in discussions to develop effective
cost savings through changes in the Collective Bargaining Agreement;
NOW, THEREFORE, the parties have agreed to certain provisions to
safeguard pilot training records as follows:
1. In the event the Company ceases regularly scheduled air line
operations, it will use its reasonable best efforts to provide
each pilot a copy of his/her current training records file as
maintained by the Company pursuant to regulations of the Federal
Aviation Administration, and any other applicable laws or
regulations, within five (5) business days after written request
and authorization submitted by the pilot. Further, the Company
shall provide a copy of a pilot's training file to any third party
or parties within five (5) business days after written request and
authorization submitted by the pilot. In the event of a Chapter 7
or 11 filing under the United States Bankruptcy Code, the Company
will at all times use its best efforts to cause these obligations
to be performed.
2. This Agreement shall become effective upon execution.
FOR TRANS WORLD AIRLINES, INC.
/s/ Xxx X. Xxxxx, Staff Vice President
TWA Flight Operations
FOR THE ASSOCIATION:
/s/ Xxxxx X. Xxxxxx, Chairman
MEC Negotiating Committee
Dated August 29, 1994
198
LETTER X
August 28, 1994
Captain Xxx X. Xxxxx
Staff Vice President - Flying
Trans World Airlines, Inc.
JFK International Airport
Flight Operations, Xxxxxxxx 00
Xxxxxxx, Xxx Xxxx 00000
Dear Captain Xxxxx:
This letter shall confirm our agreement that the Company shall no longer
be obligated to provide crew meals on flights of less than 2:00 hours
scheduled flight time onto which it is not boarding passenger or cabin
attendant crew meals.
The parties agree that the dollar value of the cost savings associated
with this change shall be $ 131,000.00.
This Agreement is subject to the negotiation of a new cost saving
Collective Bargaining Agreement (CBA) to replace the current CBA, and is
subject to TWA MEC and membership ratification.
Yours truly,
/s/
Xxxxx X. Xxxxxx, Chairman
TWA MEC Negotiating Committee
KAB:dj
FOR TRANS WORLD AIRLINES, INC.
/s/
-------------------------------------------
X. X. Xxxxx, Staff Vice President - Flying
199
LETTER XI
August 15, 1994
Xx. Xxxxxx X. Xxxxxx
Director - Labor Relations
Trans World Airlines, Inc.
Building 60, Terminal 0X
XXX Xxxxxxxxxxxxx Xxxxxxx
Xxxxxxx, Xxx Xxxx 00000
Dear Xxxxx:
This shall confirm our agreement that the Company shall reimburse a
pilot for any FAA/TWA required medical expense he/she may incur which is
denied by Aetna because it was not "medically necessary".
This agreement shall apply to both the situation where specific medical
testing is required by TWA and/or any tests required by the FAA
requisite to the issuance of the Airman's Medical.
This shall not apply to the cost of those regular six (6) month annual
FAA physical examinations which are necessary and required by law to
maintain a pilot's license(s).
If the above correctly sets forth our agreement, please sign in the
space indicated below.
Sincerely,
/s/
Xxxxxxx X. Xxxxxxx, Chairman
TWA MEC Grievance Committee
/s/
-------------------------------
Xxxxxx X. Xxxxxx
For the Company
Dated August 31, 1994
200
LETTER XII
PARTICIPATIVE MANAGEMENT
------------------------
POLICY STATEMENT
The Company is committed to a radical redesign of its processes,
organization, and culture to deliver the optimal product to the
traveling public. The Company believes that employee participation in
its long range and strategic planning and day-to-day operational
decision making is the foundation of its re-engineering efforts. The
free flow of information in an open decision-making process with
participation by all parties is the cornerstone of Management's
commitment.
The Company is committed to a re-engineering of the management structure
so as to eliminate unnecessary levels of management focusing decision
making authority for all purposes at that level of the organization
where the necessary knowledge resides and where implementation takes
place. To the extent required, the Company will amend its Management
Policies and Procedures Manual to reflect this structure.
A. MANAGEMENT/LABOR ADVISORY TASK FORCE
------------------------------------
The Company believes that the recently created Management/Labor Advisory
Task Force ("Task Force") should become a permanent part of the
corporate structure. Participation on the Task Force by the most senior
officials of both the Company and its three largest unions highlights
the joint commitment to the re-engineering effort and creates a decision
making forum for action.
The Task Force will meet at least once a month and will have the
authority to create similar committees throughout the Company. These
other committees may be department specific, issue specific, or cross
departmental and/or operational lines. All such committees would
ultimately report to the Task Force.
The Task Force will continuously monitor all aspects of the Company
including its structure, policies, procedures, long and short term
business and financial plans, communications strategies, and any and all
other matters involving the Company. The Company will institute
procedures to ensure that the recommendations of the Task Force and the
committees are promptly acted upon.
The Company will pay the flight pay loss and expenses of the ALPA
representatives on the Task Force and all such committees and will
provide the necessary and appropriate insurance coverage for the
performance of the duties of each ALPA representative.
The Task Force Committee structure will become a part of the Company's
Management Policies and Procedures Manual.
B. FILLING OF POSITIONS IN FLIGHT OPERATIONS
-----------------------------------------
The Company will amend its Management Policies and Procedures Manual, to
the extent required, to provide for the timely posting on flight crew
bulletin boards and FIP pages of all open management positions up to and
including the director level within the flight operations department,
including the position of General Manager - Flying (GMF). When such
postings are made, the Company will also inform ALPA and will solicit
comments and recommendations from ALPA on candidates for the open
position(s).
201
LETTER XII, cont.
C. PRODUCTIVITY TASK FORCE
-----------------------
The Company will amend its Management Policies and Procedures Manual to
provide for the continuation of the Productivity Task Force as in place
on the date of this Agreement. The Productivity Task Force will have
broad authority to request information and investigate waste and
inefficiencies. Recommendations of the Productivity Task Force will be
promptly reviewed and acted upon by the Company.
D. ACCESS TO INFORMATION
---------------------
The Company will provide to the Chairman of the TWA Master Executive
Council or his representative, a monthly report setting forth
information on the Company. The Company will provide to ALPA's
representatives on the Task Force and its related committees and on the
Productivity Task Force such information as may be required to carry out
their work. To the extent that the nature of such information so
requires, the individual ALPA representatives may be required to sign a
confidentiality agreement.
E. RESOLVING LINES OF AUTHORITY
----------------------------
In the event that there is an overlap or a conflict among two or more
management personnel of the Company regarding actions to be taken to
address issues raised by members of the Task Force Committees, the Chief
Executive Officer or the responsible Senior Vice President of the
department(s) will promptly identify in writing to all parties involved
the appropriate line of authority to resolve the overlap or conflict.
F. PARTICIPATIVE MANAGEMENT EDUCATION
----------------------------------
The Company will provide training, including seminars or other
educational opportunities, for the Company's management relating to
employee participation. All of the Company's management personnel will
be required to attend such training within twelve months. ALPA will
require ALPA representatives serving on the Task Force Committees or
Productivity Task Force to attend such training on a similar basis.
These seminars will be consistent with the Policy Statement and will be
reasonably acceptable to ALPA and the Company. ALPA and the Company will
pay the respective cost of attendance for their representatives.
G. MANAGEMENT CONSULTANT
---------------------
By March 31, 1995, the Company will retain a management consulting firm
to fully review and analyze the Company's management structure. The
members of the Task Force will be entitled to meet regularly with this
firm following its retention and to review it results prior to
implementation.
H. IMPROVING COMMUNICATION
-----------------------
The Company will make a good faith effort to improve communication
within management and between management and the employees. ALPA and the
Company agree to meet and to set goals achieving such improvement,
including staff meetings, road shows, newsletters, surveys and financial
updates. ALPA will make its expertise and resources reasonably available
to assist the Company in improving its communication with employees
represented by ALPA.
202
LETTER XII, cont.
I. EMPLOYEE INCENTIVE PROGRAMS
---------------------------
The Company, through the Task Force, agrees to implement incentive
programs which reward employees for suggestions or job performance which
increase the efficiency and productivity of the Company.
J. ENFORCEMENT
-----------
The Company's Management Policies and Procedures Manual will be amended
to prohibit taking any disciplinary or discriminatory action against any
employee because of such employee's participation on any Task Force,
committee or the Productivity Task Force or because of such employee's
suggestions regarding or criticism of the Company's management.
K. NOT EXCLUSIVE
-------------
Sections A - J are not the exclusive means for implementing the Policy
Statement and ALPA and the Company will continue to examine and discuss
other suggestion and concepts consistent with the Policy Statement.
SO AGREED
FOR
TRANS WORLD AIRLINES, INC.: FOR THE ASSOCIATION:
/s/ /s/
-------------------------- -----------------------------
Xxxxxx Xxxxxxxx Xxxxxxx X. Xxxxxxx
Dated: 8/28/94 Dated: 8/28/94
------- -------
203
LETTER XIII
LETTER OF AGREEMENT
between
TRANS WORLD AIRLINES, INC.
and
THE AIR LINE PILOTS
in the service of
TRANS WORLD AIRLINES, INC.
as represented by
THE AIR LINE PILOTS ASSOCIATION
INTERNATIONAL
THIS LETTER OF AGREEMENT is made and entered into in accordance with the
provisions of Title II of the Railway Labor Act, as amended, by and
between TRANS WORLD AIRLINES, INC., its successors or assigns ("the
Company" or "TWA") and the Air Line Pilots in the service of TWA as
represented by the AIR LINE PILOTS ASSOCIATION, INTERNATIONAL ("the
Association" or "ALPA").
WHEREAS, the Company and the Association agree as follows:
1. The attached Letter XXVII shall be published with the New Basic
Agreement but shall not be construed to create new obligations
except with regard to the amendments to paragraph A.3 and C.1 set
forth below. Further, nothing herein shall be construed to
prejudice any entity or person's claims or defenses relating to
Letter XXVII.
2. Section A, paragraph 3 of Letter XXVII is hereby amended to
provide that the aggregate annual amount of the Company?s
obligation in connection with the payment of legal and financial
advisor expenses associated with the administration of the TWA-
ALPA ESOP Trust and any such expenses associated with the ESIP
will be limited to an amount not to exceed sixty thousand dollars
($60,000) in 1999 and 2000 and limited to an amount not to exceed
thirty thousand dollars ($30,000) in calendar years 2001 and
2002. The parties further agree that TWA will not be responsible
for any legal and financial advisor expenses rendered to ALPA in
connection with any corporate restructuring, corporate business
plan or other corporate matters, except as may be mutually agreed
in writing after July 11, 1998. The parties agree that any
amendments to the ESOP or ESIP or any other Agreements to
effectuate the purposes of this paragraph 2 will be agreed to and
executed by the Association.
3. The by-law amendments required pursuant to Section C of Letter
XXVII have been effectuated and may not be amended prior to
September 1, 2000. The Company will present to its Board of
Directors a resolution authorizing the extension of the date prior
to which the by-law amendments referenced in the preceding
sentence may not be amended to September 1, 2002.
204
LETTER XIII, cont.
4. ALPA shall immediately be apprised of and receive a copy of any
changes in the corporate governance rights and protections
provided by the Company to the IAM.
5. ALPA shall be provided thirty (30) business days to review the
changes to IAM's corporate governance rights and protections. If
ALPA determines, in its sole discretion, that (a) IAM has received
improvements to its corporate governance rights and protections
that ALPA does not then enjoy or (b) that any changes to IAM's
rights negatively impact ALPA's absolute or relative corporate
governance rights and obligations, as set forth in Letter of
Agreement XXVII as amended hereby, the parties shall immediately
confer and implement any necessary amendments to this Letter of
Agreement to ensure that: (a) ALPA receives improvements at least
as favorable as those provided to the IAM and/or; (b) ALPA's
absolute or relative corporate governance rights and protections
are restored to a position at least as favorable as those set
forth herein.
6. The Company agrees to secure and make any necessary changes to the
Company's by-laws or other governing documents, as necessary and
appropriate to effectuate the intent of 4 and 5 above.
SO AGREED.
For the Company: For the Association:
/s/ /s/
---------------------------------- ----------------------------------
Xxxxx Xxxxx, Director Xxxxxxx X. Xxxxx, Chairman
Labor Relations TWA MEC Negotiating Committee
/s/ /s/
---------------------------------- ----------------------------------
Xxxxx X. Xxxxxx, X. X. Chronic, Chairman
Sr. Vice President Human Resources TWA MEC
Dated: July 8, 1998
/s/
----------------------------------
J. Xxxxxxxx Xxxxxxx,
President
Dated: July 8, 1998
205
OLD LETTER XXVII
EXHIBIT 1
A. NEW ALPA SECURITIES
-------------------
1. The Company will authorize and issue common and/or preferred
stock of the Company (the "New ALPA Securities") to a trust
established for the benefit of the employees of the Company
represented by ALPA (the "Trust"). The value of the New ALPA
Securities relative to the other equity securities of the
Company issued as part of the Restructuring shall be
determined through negotiations with ALPA based upon the
relative value of concessions made by creditors in
connection with the Restructuring, and by ALPA in the New
ALPA CBA; provided, however, that, following the
Restructuring, the total Company equity securities issued to
employees will represent not less than twenty-five percent
(25%) of the value and voting rights of the outstanding
equity securities of the Company on a fully diluted basis;
provided further that the New ALPA Securities will represent
not less than 23.05962 percent of the value and voting
rights of the equity securities of the Company issued to
employees in connection with the Restructuring; and provided
further that after the Restructuring, on a fully diluted
basis, the total of common stock and any preferred stock
with ordinary voting rights equivalent to or greater than
the common stock (collectively, "Common Securities") issued
to employees (including all common stock issued to employees
in the Company's Chapter 11 case in 1993 which are not
canceled or replaced in the Restructuring) will represent
not less than thirty percent (30%) of the total Common
Securities of the Company on a fully diluted basis.
2. All terms of the New ALPA Securities, including but not
limited to the election of Directors for the Board of
Directors, voting rights, redemption provisions, liquidation
preferences, dilution protection, covenants, dividend rates,
dividend rights and/or conversion provisions shall be
reasonably acceptable to ALPA. In the event the New ALPA
Securities include preferred stock or a combination of
preferred and common stock, this allocation shall be
consistent among all of the Company's labor groups and
reasonably acceptable to ALPA.
3. The terms of the Trust shall be determined in the discretion
of ALPA (subject to the Company's agreement as to provisions
affecting the Company as to its costs and liabilities). The
trustees of the Trust shall have investment discretion with
respect to the New ALPA Securities and shall have the right
to vote any New ALPA Securities as determined by the terms
of the Trust. The Trust may be a qualified or non-qualified
plan as ALPA may determine in its sole discretion.
Reasonable costs, subject to such restrictions as agreed
to between the Company and ALPA, of organizing and
administering the Trust, as provided in the Trust, will be
paid by the Company, including but not limited to fiduciary
liability insurance, legal costs and taxes. The principal,
interest, dividends and proceeds from the sale, repurchase,
retirement or redemption of securities received by the Trust
shall be allocated and distributed to the beneficiaries as
determined by ALPA.
206
B. ALPA BOARD OF DIRECTOR REPRESENTATION
-------------------------------------
1. The New ALPA Securities will include a separate class of
stock or one of a series of separate classes of stock (the
"Labor Stock") issued to the ALPA, IAM and IFFA (the
"Unions"). The Labor Stock, which at the election of each of
ALPA, IAM and IFFA may be either privately or publicly held,
will be entitled to elect, in the aggregate, no fewer than
the greater of (i) four members of TWA's fifteen member
board of directors or (ii) 22.5% of the total number of
directors (the "Labor Directors"). The Labor Directors shall
serve for three year terms and Labor Director vacancies
shall be filled as provided in the designation of the Labor
Stock and any shareholder voting agreement described in
paragraph 2 of this Section. The stock issued to ALPA as
part of the Labor Stock will provide that ALPA will be
entitled to elect sufficient members of the Company's board
of directors ("ALPA Directors") in order to assure that:
a. The ALPA Directors comprise at least 6-2/3% of the
board.
b. The ALPA Directors comprise at least 25% of that part
of the board elected by the Unions.
In the event that the IAM or IFFA does not elect to
participate in the Labor Stock described in this paragraph,
this paragraph may be amended provided the rights of ALPA
are not materially affected.
2. If each of the Unions is issued the same class of stock,
pursuant to paragraph 1 above, the collective bargaining
agreements of the Unions shall require the Unions to enter
into a shareholder voting agreement providing for the ALPA
representation described in paragraph 1.
3. Except as otherwise required in the Company's Restated
Certificate of Incorporation or any designation of rights of
outstanding stock, the filling of vacancies on the Board of
Directors of the Company shall require a vote of 60% of the
remaining members of the Board of Directors.
4. In addition to ALPA's rights to Board committee
representation under the current bylaws, one of the ALPA
Directors shall be entitled to sit as a voting member of any
committee, including an existing committee, considering,
reviewing or authorizing the merger, consolidation,
restructuring or business combination of the Company with,
or into, any other entity or the sale, transfer or
abandonment of significant Company assets.
C. COMPANY BYLAW AMENDMENTS
------------------------
1. The bylaws will be amended to provide that specified
provisions of the bylaws which implement procedures
bargained for by ALPA may not be amended, prior to September
1, 2000, without the affirmative vote of the ALPA
Director(s).
2. The bylaws will be amended to require that the following
actions must be approved by the board which approval cannot
be given over the dissenting vote of all Labor Directors
plus two other directors:
207
a. any sale, transfer or disposition of, in a single or
series of transactions, 20% or more of the Company's
assets, except for transactions in the ordinary course
of business including aircraft transactions as part of
a fleet management plan;
b. any merger or consolidation of the Company with or
into any other entity;
c. any business combination within the meaning of section
203 of the Delaware Business Corporation Act;
d. a dissolution or liquidation of the Company;
e. any filing of a petition for bankruptcy,
reorganization or receivership under any state or
federal bankruptcy, reorganization or insolvency law;
f. any repurchase, retirement or redemption of the
Company's stock, or securities prior to their
scheduled maturity or expiration, except for
redemptions out of proceeds of any substantially
concurrent offering of comparable or junior
securities;
g. any acquisition of assets not related to the Company's
current business as an air carrier in a single or
series of related transactions in excess of
$50,000,000 adjusted annually by a CPI index; or
h. any sale of stock or securities convertible into stock
of the Company to any person if (i) at the time of
issuance or (ii) assuming conversion of all
outstanding convertible securities of the Company,
such person or entity would beneficially own 20% or
more of the stock of the Company.
D. CERTIFICATE OF INCORPORATION AMENDMENTS
---------------------------------------
The Restated Certificate of Incorporation of the Company will be
amended, as and if necessary or appropriate, to provide for the
restrictions described above. The Restated Certificate of
Incorporation will be further amended to require an affirmative
vote of (i) 3/4 of the outstanding voting stock to amend the
bylaws of the Company by shareholder action and (ii) 2/3 of the
stock entitled to vote to approve actions described in Section to
C.2.b, c, d, f unless approved by 80% of the board of directors.
These restrictions will terminate on September 1, 2000.
208
LETTER XIV
REGIONAL PILOT BASE AGREEMENT
July 7, 1993
Xx. Xxxxx X. Xxxxxx, Chairman
TWA MEC Negotiating Committee
Air Line Pilots Association
1801 Park 000 Xxxxx
Xxxxx 000, Xxxxxxxx XX
Xx. Xxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxx:
This is to confirm that Trans World Airlines, Inc. (the "Company") and
the Air Line Pilots Association (the "Association") have agreed as
indicated hereinafter, and on a test basis, to procedures governing the
establishment and operation of a Regional Pilot Base ("Base").
(A) ESTABLISHMENT OF A REGIONAL PILOT BASE
1. A Base shall be a defined geographical area mutually agreed
upon between the Company and the Association. (E.g., a West
Coast Regional Pilot Base incorporating the State of
California.)
2. The Company and the Association shall mutually agree upon
one or more airports within a Base (e.g., LAX, SAN, SFO for
a West Coast Regional Pilot Base) for which a line(s) of
time will be published for each month of the Base assignment
period. Such line(s) shall consist of pairings which
originate and terminate at a specific Base airport. (E.g., a
line of time published for LAX will consist solely of
pairings where a pilot will report and be released at LAX.)
3. Letter XIII (Satellites) of the TWA/ALPA Collective
Bargaining Agreement ("CBA") shall not apply to any city
which is within the boundaries of a Base during the period
such Base is in existence.
4. The size of a Base shall be limited to the lesser of the
following:
a. A total of 50 crews based upon Captain formula bid
lines.
E.g., 30 MD8 Capt Formula Bid Lines
20 L10 Capt Formula Bid lines.
b. Sixty percent (60%) of the projected domicile Captain
formula bid lines for an equipment type. That is, the
number of Captain Base Vacancies for an equipment type
(e.g. 727, MD8, DC9, etc.) which are advertised by the
Company for a Base assignment period, may not exceed
sixty percent (60%) of the projected Captain formula
bid lines for that equipment type at a domicile.
E.g., If STL is projected to have 50 Captain formula
bid lines for MD8 equipment during a Base
assignment period, the maximum MD8/Captain Base
Vacancies which could be advertised and awarded
at a Base(s) is 30.
209
LETTER XIV - REGIONAL PILOT BASE AGREEMENT, cont.
In the event the Company elects to assign an equipment
type to a Base(s) which is operated by more than one
domicile, the 60% limitation described immediately
above shall be applied to the domicile with the least
projected Captain formula bid lines for such equipment
type.
E.g., 727 flying is to be assigned to a Base(s). The
727 is operated by both JFK and STL. If JFK is
projected to have forty (40) Captain formula bid
lines during the Base(s) assignment period and
STL is projected to have eighty (80) Captain
formula bid lines during the Base(s) assignment
period, then the 60% limitation would apply to
JFK resulting in a maximum of twenty-four (24)
727/Captain Base Vacancies for that Base(s)
assignment period.
c. The Base size limitation calculations specified in (a)
and (b) above shall be made immediately prior to the
advertising of Base vacancies in accordance with
paragraph B(2) below. The calculations shall be based
upon the flying projected to remain in effect during
the entire next Base assignment period.
(B) ASSIGNMENT OF PILOTS TO A BASE
1. Vacancies at a Base will be by status and equipment ("Base
Vacancies"). (E.g., L10-F/O or DC9-CAP). Except as provided
for in paragraphs B(3) and B(4) below, pilots may only be
awarded Base Vacancies in their permanent status.
2. Base Vacancies shall be advertised sixty (60) days shall be
awarded in seniority order subject to the following prior to
a Base assignment period.
3. Upon establishment of a Base or upon an increase in Base
Vacancies as described in B(4) below, the Company shall
publish status/equipment vacancies at such Base for the Base
assignment period. The Base Vacancies
a. A pilot who is restricted:
i. From being trained on the equipment for which a
Base Vacancy exists pursuant to the provisions
of Section 6(D)(3)(a),(c),(d) and (f) or the
TWA/XXX Pilot Seniority Integration agreement,
or
ii. Pursuant to Sections 6(B)(16), 6(B)(17) or 6(D)
(9) of the CBA, or who is otherwise ineligible
to serve in the status for which a Base Vacancy
exists, shall not be awarded such Base Vacancy.
b. A pilot awarded a Base Vacancy in accordance with this
paragraph shall, if necessary, also be awarded a
permanent vacancy, causing a related voluntary
transfer (e.g., to JFK or STL) and/or a voluntary
change in status (e.g., to Captain, F/O or F/E), in
order to effectuate the bid award.
210
LETTER XIV - REGIONAL PILOT BASE AGREEMENT, cont.
The permanent transfer and/or change in status will be
effective with the Base Vacancy award, or upon completion of
necessary training to assume the Base award. A pilot who
initiates training due to a Base award may be restricted in
accordance with Section 6(E)(1) of the CBA. Paragraphs
B(5)(a) and B(5)(b) below do not apply to the awarding of a
Base Vacancy under this paragraph 3.
4. After establishment of a Base, whenever the number of Base
Vacancies to be advertised for a subsequent Base assignment
period exceed the maximum number of Base Vacancies which
have been filled for any previous Base assignment period,
the additional Base Vacancies (i.e., those greater than the
maximum number which have previously existed at the Base)
shall be available to be bid in accordance with paragraph
B(3) above. These Base Vacancies shall be awarded in
seniority order under paragraphs B(3) and B(5).
Example: A Base is established with 10 vacancies.
For the second Base assignment period a total of 20
vacancies are advertised for the Base. Up to 10 of the
20 Base Vacancies may be awarded, subject to
seniority, to pilots under paragraph B(3).
For the third Base assignment period, there are 35
Base Vacancies advertised. Up to 15 of the 35 Base
Vacancies may be awarded, subject to seniority, to
pilots under paragraph B(3).
For the fourth Base assignment period, the number of
Base Vacancies is reduced to 20. No Base Vacancies
would be available to be awarded under paragraph B(3).
For the fifth Base assignment period, there are 30 Base
Vacancies advertised. No Base Vacancies would be awarded
under paragraph B(3) as the maximum of 35 vacancies for that
Base has not been exceeded.
5. All Base Vacancies not awarded under paragraphs B(3) and
B(4) above, shall be awarded within status from the
domicile(s) where the equipment to be flown at the Base is
operated provided that:
(a) The pilot does not require more than Q02
requalification training on the equipment type
associated with the Base Vacancy, and
(b) The pilot is not restricted under Section 6(E) (1) to
a type of equipment different than the equipment type
associated with the Base Vacancy.
6. Pilots will bid for Base Vacancies specified in B(3), B(4)
and B(5) above on a separate Regional Pilot Base bid sheet.
This bid will remain on file only through the end of the
Base assignment period for which it was filed and will
reflect a pilot's preference for bidding a Base Vacancy
and/or a temporary opening at a Base. (A temporary opening
being one which becomes available subsequent to the awarding
of bids for a Base assignment period.) A pilot will only be
211
LETTER XIV - REGIONAL PILOT BASE AGREEMENT, cont.
allowed to rescind his/her temporary Base opening bid
preferences in writing. Such notification must be received
by the Company prior to the pilot being notified of an
assignment to a temporary opening.
7. Base Vacancies shall be three (3) bid months in duration, or
longer by mutual agreement between the Company and the
Association (the "Base assignment period").
8. In the event the number of pilots bidding for Base Vacancies
associated with a status and a type of equipment is less
than the number of Base Vacancies advertised for that status
and equipment, the Company shall not be required to award
Base Vacancies in other statuses associated with the same
equipment type in excess of the number of Base Vacancies
filled by the least bidders. (E.g., the Company advertises
ten (10) Base Vacancies in each status for the L10 but there
are only eight (8) pilots who bid for the L10-F/O Base
Vacancies, the Company would not be required to award more
than eight (8) L10-CAP and eight (8) L10-F/E Base
Vacancies.)
9. Pilots assigned to a Base who attend training conducted
outside the Base shall be considered, for all purposes, as
attending training away from domicile. Base pilots who
attend training conducted at a location within the Base
shall be considered, for all purposes, as attending training
at domicile. (E.g., a pilot holding a line of time out of
SFO, who is assigned to a PC at LGB, would be considered as
attending training at domicile.)
10. A pilot assigned to a Base, who is not awarded a Base
Vacancy for the next Base assignment period, shall return to
his/her permanent domicile. (This will not be considered a
displacement under Section 19 of the CBA.)
11. Pilots at a Base will retain all rights associated with
Section 19(D) and (E) of the CBA, except that the
application of Section 19(D)(3) will be from a pilot's
permanent domicile. Pilots at a base shall not be considered
for filling temporary vacancies pursuant to Section 19(F) of
the CBA.
A pilot holding a Base assignment may bid and be awarded a
permanent domicile vacancy in accordance with Section 19 of
the CBA. When a pilot assigned to a Base holds a future
effective bid which requires training, and such training
becomes available, the pilot may, at his/her option, either
return to his/her permanent domicile for training or remain
at the Base through the end of the Base assignment period. A
pilot displaced under Section 19 will remain at a Base for
the full Base assignment period, except when such pilot
requires training and the last scheduled class commences
prior to the end of the Base assignment period. In such
case, the pilot will return to his/her permanent domicile
prior to commencing training. A pilot being furloughed while
assigned to a Base will be returned to his/her permanent
domicile effective with the date of his/her furlough.
12. A pilot holding a future effective bid that will commence
prior to or during a Base assignment period will not be
212
LETTER XIV - REGIONAL PILOT BASE AGREEMENT, cont.
considered for such Base assignment, unless the pilot's
future bid complies with paragraphs B(3), B(4) or B(5).
A pilot awarded a Base Vacancy which requires training which
may subject such pilot to restriction pursuant to Section
(6)(E)(1) of CBA, shall have all future effective bids
canceled.
13. A pilot assigned to a Base who is no longer qualified to
perform the duties of the Base Vacancy which he/she was
awarded, shall be returned to his/her permanent domicile.
(C) AWARDING OF BIDS
1. The Company shall post bid runs for the equipment to be
flown at the Base in accordance with Section 9(A) & (B) of
the CBA.
2. The provisions of Section 10(B)(6)(d) of the CBA shall not
be utilized by the Company within a Base, except by mutual
agreement between the Company and the Association.
3. Bid runs shall be awarded to Base pilots in accordance with
Section 9(C)(1) and 9(C)(2) of the CBA. A pilot may be
awarded a bid run from any airport ("Bid Award Airport")
agreed to pursuant to paragraph A(2) above.
4. A pilot returning to active flying status at a Base after
bids have closed shall be handled in accordance with Section
9(C)(4) of the CBA. If such returning pilot causes a
temporary opening to be canceled, the pilot awarded the
temporary opening shall return to his/her permanent domicile
and will be handled under the same provision.
5. Sections 6(D)(5) and 6(E)(2) of the CBA shall not apply to
Base pilots. The period of time a pilot is assigned to a
Base will not be included for purposes of Section 6(D)(5) to
determine eligibility for equipment training or pay
protection nor will a pilot receive pay protection pursuant
to Section (6)(D)(5) once awarded a Base Vacancy. Pilots
shall again become covered by Sections 6(D)(5) and 6(E)(2)
upon return to their permanent domicile. An assignment to a
Base shall only interrupt a pilot's eligibility for pay
protection and accrual for entitlement for training under
Section 6(D)(5).
6. In the event coverage is required at a Base for one or more
bid periods during a Base assignment period, a temporary
opening(s) may be created. Such temporary opening(s) shall
be filled in seniority order by status/equipment from those
pilots who have indicated a desire for such temporary
opening(s) on his/her Regional Pilot Base bid sheet.
Paragraph B(5) shall apply in awarding such assignment. The
most senior qualified and available (no vacation, lost time,
or training greater than Q02) pilot meeting the foregoing
criteria and requesting a temporary opening, shall be
awarded such temporary opening.
A pilot may be assigned to that opening only prior to the
first day of a bid month from a domicile where the equipment
is flown. A pilot assigned a temporary opening under this
213
LETTER XIV - REGIONAL PILOT BASE AGREEMENT, cont.
provision shall not be considered to be assigned to a
temporary vacancy under the provision of Section 19(F) of
the CBA.
7. The Company may at its option publish or develop relief
lines at a Base. Should the Company elect to publish relief
line(s), they will be advertised as temporary openings. If
sufficient time exists, the Company may, at its option,
develop additional relief lines from reserves at the Base in
accordance with Section 9(C)(7) of the CBA.
8. Assigned domicile reserve staffing requirements (Section
12(A)(1) of the CBA) shall be based on the combined formula
bid lines of the Base and the assigned domicile for each
equipment type. The staffing and scheduling of reserves at a
Base shall be mutually agreed upon separately for each Base.
(D) BALANCING AND PROTECTION OF OPEN TIME
1. All balancing (voluntary or involuntary) shall be
accomplished using open Base flights unless there are no
open flights within the Base at the time a pilot is balanced
or volunteers for balance.
2. A Base pilot with a balance flight (voluntary or
involuntary) at an assigned domicile may trade such balance
flight for a Base flight which later becomes open, provided
that the result of the trade will not reduce the
pilot'sprojection below guarantee for time flown within a
month. A pilot using this provision will be handled in
accordance with the same procedures of the CBA as apply to a
category A-1 balance.
3. Regional Base pilots involuntarily balanced by the Company,
other than at his/her Bid Award Airport, shall, upon
request, receive Class B transportation over the lines of
the Company, between any Base airport (as agreed to pursuant
to paragraph A(2) above) within his/her region and the
originating city of the balance flight.
4. BLIP may be awarded to those pilots assigned to the Regional
Base, and will be awarded in seniority order for trip(s)
within the Regional Base only.
5. Mutual trade(s) between pilots at a Base will be permitted
provided that such trade(s) do not create more than 45
minutes of make-up guarantee for either pilot.
6. Assigned domicile pilots may not BLIP or balance on a Base
flight.
7. Base pilots who are non-routine will be handled under the
jurisdiction of Operational Planning and in accordance with
the away from domicile schedule policy contained in the
Flight Operations Policy Manual.
(E) GENERAL
1. The Company shall provide Base pilots with mail boxes at
their Bid Award Airport and suitable free parking. Base
pilots will have access to obtain passes.
214
LETTER XIV - REGIONAL PILOT BASE AGREEMENT, cont.
2. The provisions of Section 13 of the CBA do not apply to
movement to and from a Base.
3. All duty limitations, trip credit, duty credit and expenses
for flights originating and terminating at a Base airport
shall be based on report and release times at such airports.
4. For purposes of Section 8(D) of the CBA, a Base pilot's Bid
Award Airport shall be considered the same as if it were the
pilot's domicile. The provisions of Section 7(A) (5) of the
CBA apply at a Base to the application of Section 8(D) but
do not apply to movement between Base airports (those
airports agreed upon pursuant to paragraph A(2) above)
occasioned by balancing, trading or BLIP.
5. Management flying at a Base will be handled in accordance
with Section 5(G) of the CBA.
6. Pilots will be awarded vacation within his/her permanent
domicile and in accordance with Section 14 of the CBA.
7. Except as specifically referenced above, this letter does
not alter the application of Letters of Agreement XIII and
XXII.
8. When a Base pilot is required by the Company to travel to
his/her domicile for purposes of attending a meeting or
grievance hearing, he/she shall be provided with positive
space coach transportation (Class 5) over TWA routes between
any Base airport (as agreed to pursuant to paragraph A(2)
above) within his/her region and the domicile.
This agreement is entered into as a test which shall run for a minimum
of six (6) months from the implementation of the first Base assignment
period. The test may be terminated by either the Association or the
Company at the conclusion of the six (6) month period or at anytime
thereafter by providing the other party a minimum of ninety (90) days
written notice. Notwithstanding the foregoing, the test may be
terminated at any time by mutual agreement between the Association and
the Company.
If the foregoing correctly reflects our mutual agreement, please sign in
the place provided.
Very truly yours,
/s/
Xxxx X. English
Director, Labor Relations
AGREED AND ACCEPTED
/s/
Xxxxx X. Xxxxxx
WITNESSED BY:
/s/
Xxxxxx Xxxx, Member
Negotiating Committee
/s/
Xxxxx Xxxxxxx, Member
Negotiating Committee
cc: X. X. Xxxxxx
X. X. Xxxxxxxx
215
LETTER XV
July 6, 1998
Capt. Xxxxxxx X. Xxxxx, Chairman
TWA MEC Negotiating Committee
Air Line Pilots Association
0000 XxXxxxxx Xxxx
Xxxxx 000
Xxxxxxxxx, Xxxxxxxx 00000
Dear Capt. Xxxxx:
With regard to your inquiry referencing TWA's Engineering Watch, please
be advised that the logbook will have a placard with a brief description
of all items under MCI Engineering Control.
Very truly yours,
/s/
Xxxxx X. Xxxxx
Director - Labor Relations
216
LETTER XVI - TRANS STATES EXCEPTION LETTER
LETTER OF AGREEMENT
BETWEEN
TRANS WORLD AIRLINES, INC.
AND
THE AIR LINE PILOTS
IN THE SERVICE OF
TRANS WORLD AIRLINES, INC.
AS REPRESENTED BY
THE AIR LINE PILOTS ASSOCIATION
INTERNATIONAL
THIS LETTER OF AGREEMENT is made and entered into in accordance with the
provisions of Title II of the Railway Labor Act, as amended, by and
between TRANS WORLD AIRLINES, INC., its successors or assigns
(hereinafter "the Company" or "TWA") and the Air Line Pilots in the
service of TWA as represented by the AIR LINE PILOTS ASSOCIATION,
INTERNATIONAL (hereinafter known as the "Association" or "ALPA").
WHEREAS Section 1(G) of the TWA-ALPA Agreement effective September 1,
1994 ("the Agreement") prohibits TWA from entering into code share
agreements with any United States flag carrier that operates aircraft
with a maximum seating capacity in excess of 60 seats; and
WHEREAS TWA has entered into a code sharing agreement with Trans States
Airlines, Inc. ("TSA"), a United States flag carrier; and
WHEREAS the Association has recently discovered that TSA has operated
three (3) ATR aircraft with a seating capacity in excess of 60 seats
from a date prior to the September 1, 1994 amendments to Section 1; and
WHEREAS TSA continues to operate the same three (3) ATR aircraft
mentioned above; and
WHEREAS TSA's continued operation of the same three (3) ATR aircraft
mentioned above does not qualify for one of the limited exemptions of
Section 1(G)(4) of the Agreement;
NOW, THEREFORE TWA and the Association have agreed upon a limited
further exemption to the provisions of Section 1(G) of the Agreement as
follows:
1. There shall be no violation of the Agreement by the operation by
TSA of three ATR aircraft identified by aircraft number X000XX,
X000XX, and N723TE.
2. This Letter of Agreement ("Letter") is without prejudice to the
Association's rights to strictly enforce any and all of the
provisions of Section 1 of the Agreement at any time, except with
respect to the limited exemption stated herein.
3. This Letter is effective upon execution and shall be retroactive
to September 1, 1994.
SO AGREED.
For the Company: For the Association:
/s/ /s/
Xxxxxx Xxxxxxxx Xxxxxxx X. Xxxxxxx, Chairman
Staff Vice President TWA Master Executive Council
Labor Relations Dated: 9/5/95
Dated: 9/5/95 /s/
J. Xxxxxxxx Xxxxxxx, President
Dated: 9/5/95
217
LETTER XVII
LETTER OF AGREEMENT
between
TRANS WORLD AIRLINES, INC.
and
THE AIR LINE PILOTS
in the service of
TRANS WORLD AIRLINES, INC.
as represented by
THE AIR LINE PILOTS ASSOCIATION
INTERNATIONAL
THIS LETTER OF AGREEMENT is made and entered into in accordance with the
provisions of Title II of the Railway Labor Act, as amended, as of
September 1, 1998, by and between TRANS WORLD AIRLINES, INC., its
successors or assigns (hereinafter known as the "Company" or "TWA") and
the Air Line Pilots in the service of TWA as represented by the AIR LINE
PILOTS ASSOCIATION, INTERNATIONAL (hereinafter known as the
"Association" or "ALPA").
WHEREAS, the Company and ALPA negotiated a Term Sheet (the "Term Sheet")
as part of the July 11, 1998 Tentative Agreement ("the New Basic
Agreement") which has been ratified by both ALPA and the Company; and
WHEREAS the Term Sheet states the Company agrees to pay ALPA, for the
benefit of Air Line Pilots in the service of TWA who are on the
seniority list as of the date the New Basic Agreement is executed and
who are actively employed (not on any type of leave status) during the
calendar quarter preceding a Payment Date (as defined below), either a
cash bonus of two million seven hundred fifty thousand ($2,750,000)
dollars or two hundred fifty thousand (250,000) shares of Common Stock
of the Company for four (4) consecutive calendar quarters beginning in
the second quarter of 1999.
NOW THEREFORE it is hereby agreed as follows:
1. General
A. Payments or distributions made in accordance with this
Letter of Agreement shall not be deemed to be wages for
purposes of benefits, DAP, supplemental or any other
contributions or benefits the Company is obligated to pay or
provide to Air Line Pilots in the service of TWA. All
appropriate amendments shall be made as necessary to
applicable plans concerning such payments or distributions.
B. Payments or distributions shall be made in arrears in four
consecutive quarterly payments with the first such payment
or distribution to be made in the second calendar quarter,
1999 as provided herein.
218
LETTER XVII, cont.
C. On an applicable Payment Date (as described below) the
Company may, in its sole discretion, satisfy the obligation
described herein by either (1) issuing, in the aggregate,
two hundred fifty thousand (250,000) shares of Common Stock
of the Company or (2) paying an amount equal to two million
seven hundred fifty thousand ($2,750,000) dollars less
applicable withholding and payroll taxes to Eligible Pilots
as directed by ALPA, provided that in the event the Company
elects to issue stock, no fractional shares will be
distributed.
D. "Eligible Pilots" shall be pilots who are on the TWA Pilots
System Seniority List on September 1, 1998 and who are
actively employed (not on any type of leave status) during
the calendar quarter immediately preceding an applicable
Payment Date. It shall also include pilots who retire or
voluntarily resign during the calendar quarter immediately
preceding an applicable Payment Date; provided that any
pilots who retire or voluntarily resign during any quarter
must have actively worked at least one (1) day during such
quarter.
2. Distribution
A. Within fifteen (15) business days following the end of each
calendar quarter in 1999, the Company will notify the
Association of the form of payment (cash or Common Stock)
the Company will use.
B. Common Stock Option
(1) Common Stock issued pursuant to this agreement shall
be valued at the fair market value on the date of
distribution and shall be subject to all applicable
withholding and taxes at statutory rates.
(2) Common Stock issued pursuant to this agreement shall
be registered on Form S-8 or any comparable form and
listed on the American Stock Exchange (or such other
exchange on which the Company's Common Stock is
registered on such Payment Date).
(3) Within thirty (30) calendar days following receipt of
the Company's notice in paragraph 2.A. above that the
Company will issue its Common Stock, ALPA shall, in
its sole discretion, direct the distribution of the
two hundred fifty thousand (250,000) shares of Common
Stock among the Eligible Pilots. Such distribution
list shall include the name, address, social security
number and number of shares for each Eligible Pilot
and shall be provided to the Company on either
magnetic or electronic media. The Company shall have
the right to review such distribution for purposes of
compliance with this Letter of Agreement. No
fractional shares will be distributed and all such
share amounts shall be rounded to the nearest whole
share.
(4) The Company shall use its best efforts to distribute
the shares of Common Stock to the Eligible Pilots
219
LETTER XVII, cont.
within thirty (30) calendar days following receipt of
the Association's distribution list in paragraph
2.B.(3) above (the "Stock Payment Date"). In the
event such Stock Payment Date falls on a weekend or
holiday, the distributions shall be made on the next
business day.
C. Cash Option
(1) Cash payments made pursuant to this agreement shall be
subject to applicable withholding and taxes at
statutory rates.
(2) Within thirty (30) calendar days following receipt of
the Company's notice in paragraph 2.A. above that the
Company will make cash payments, ALPA shall, in its
sole discretion, direct the distribution of the two
million seven hundred fifty thousand dollars
($2,750,000) among the Eligible Pilots. Such
distribution list shall include the name, address,
social security number and payment amount for each
Eligible Pilot and shall be provided to the Company on
either magnetic or electronic media. The Company shall
have the right to review such distribution for
purposes of compliance with this Letter of Agreement.
(3) The Company shall make payment to the Eligible Pilots
within thirty (30) calendar days following receipt of
the Association's distribution list in paragraph
2.C.(2) above (the "Cash Payment Date"). In the event
such Cash Payment Date falls on a weekend or holiday,
payment shall be made on the next business day.
3. This Letter of Agreement is effective September 1, 1998 and shall
expire on the later of May 1, 2000 or sixty (60) days after the
date all distributions under paragraph 2 have been made. This
Letter of Agreement shall not be subject to the status quo
provisions of the Railway Labor Act.
SO AGREED.
For the Company: For the Association:
/s/ /s/
----------------------------------- ----------------------------------
Xxxxx X. Xxxxx, Director Xxxxxxx X. Xxxxx, Chairman
Labor Relations TWA MEC Negotiating Committee
/s/ /s/
----------------------------------- ----------------------------------
Xxxxxx X. Xxxxxxxx X. X. Chronic, Chairman
Vice President TWA MEC
Labor Relations
/s/
----------------------------------
J. Xxxxxxxx Xxxxxxx,
President
Dated: September 1, 1998
220
LETTER XVIII
LETTER OF AGREEMENT
between
TRANS WORLD AIRLINES, INC.
and
THE AIR LINE PILOTS
in the service of
TRANS WORLD AIRLINES, INC.
as represented by
THE AIR LINE PILOTS ASSOCIATION
INTERNATIONAL
THIS LETTER OF AGREEMENT is made and entered into in accordance with the
provisions of Title II of the Railway Labor Act, as amended, by and
between TRANS WORLD AIRLINES, INC., its successors or assigns ("the
Company" or "TWA") and the Air Line Pilots in the service of TWA as
represented by the AIR LINE PILOTS ASSOCIATION, INTERNATIONAL ("the
Association" or "ALPA").
WHEREAS, the Company and the Association have agreed that this Letter of
Agreement shall replace and supersede Letter XI of the 1994 Basic
Agreement, signed by Xxxxx X. Xxxx.
THEREFORE, IT IS AGREED AS FOLLOWS:
With regard to the application of Section 20 of the Agreement, the
Company and the Association agree that active pilots on the TWA Pilot
Seniority List as of March 15, 1985, shall not be furloughed except
where said furlough is occasioned by a reduction in the Company's
annualized level of block hours of flying below 469,000 hours, or by any
of the reasons enumerated in Section 20(D)(6) of said Agreement.
Very truly yours,
/s/
Xxxxx X. Xxxxx
Director, Labor Relations
AGREED AND ACCEPTED
/s/
-------------------------------------
By: Xxxxxxx X.Xxxxx - Chairman
TWA MEC Negotiating Committee
Dated: July 11, 1998
221
LETTER XIX
LETTER OF AGREEMENT
between
TRANS WORLD AIRLINES, INC.
and
THE AIR LINE PILOTS
in the service of
TRANS WORLD AIRLINES, INC.
as represented by
THE AIR LINE PILOTS ASSOCIATION
INTERNATIONAL
THIS LETTER OF AGREEMENT is made and entered into in accordance with the
provisions of Title II of the Railway Labor Act, as amended, by and
between TRANS WORLD AIRLINES, INC., its successors or assigns ("the
Company" or "TWA") and the Air Line Pilots in the service of TWA as
represented by the AIR LINE PILOTS ASSOCIATION, INTERNATIONAL ("the
Association" or "ALPA").
WHEREAS ALPA and TWA have reached agreement on the terms of a New Basic
Agreement, and
WHEREAS TWA plans to retire its entire B727 fleet within the next
several years; and
WHEREAS the B727 is the only TWA equipment type which requires Flight
Engineers; and
WHEREAS there are currently TWA pilots who can only be employed as B727
Flight Engineers by reason of regulatory requirement or contractual
restriction; and
WHEREAS TWA and ALPA have reached agreement as to the proper procedures
to be employed in the event that TWA no longer maintains the Flight
Engineer status.
NOW THEREFORE it is hereby agreed as follows:
1. In the event that the Company determines that there is an excess
of Flight Engineers the Company shall issue a displacement
bulletin in accordance with Section 19 of the New Basic Agreement.
All excess B727 Flight Engineers who meet regulatory requirements
for Captain or First Officer flying, and are not contractually
restricted from such status, shall be displaced into First Officer
vacancies. All excess B727 Flight Engineers who do not meet
regulatory requirements for Captain or First Officer flying or who
are contractually restricted from such status shall be displaced
into a no-bid status.
2. A pilot displaced into a no-bid status pursuant to paragraph 1.
above shall be notified by the Company within three (3) business
days of the following options:
A. Retirement.
222
LETTER XIX, cont.
B. Unpaid personal leave of absence on a month by month
basis for up to five (5) years.
C. Application for any open TWA position pursuant to
Section 18(D)(6) of the New Basic Agreement. (TWA
shall not be obligated to offer employment to any such
applicant).
D. Voluntary resignation.
In the absence of an affirmative election, such pilot shall
be deemed to have elected an upaid personal leave of absence
(b. above).
3. The following shall apply when a pilot chooses the paragraph
2.B. option above:
A. Each such pilot who maintains a Standing Bid shall be
notified by certified mail of any bid award to which
his/her seniority entitles him/her, subject to
regulatory requirements and contractual restrictions,
if any. If the pilot does not accept and report for
such position within thirty (30) days of his/her
receipt, the pilot shall be deemed to have voluntarily
resigned.
B. During the period of such leave of absence, such
pilots' Group Benefit and Pass/Reduced Fare
transportation entitlement, if any, shall be the same
as for any other pilot on personal leave pursuant to
Section 18(A) of the New Basic Agreement.
C. Pilots on leave shall have access to the grievance
procedure pursuant to Section 21(B) of the New Basic
Agreement to enforce the provisions of this Letter of
Agreement.
4. The provisions of paragraphs 1, 2 and 3 of this Letter of
Agreement shall not apply in the event that TWA places into
revenue service an equipment type other than the B727, prior
to the retirement of all TWA B727 aircraft, which requires a
Flight Engineer.
5. Upon execution and ratification of the New Basic Agreement,
this Letter of Agreement shall run in full force and effect
concurrently with the New Basic Agreement.
SO AGREED.
For the Company: For the Association:
/s/ /s/
---------------------------------- ------------------------------
Xxxxx Xxxxx, Director Xxxxxxx X. Xxxxx, Chairman
Labor Relations TWA MEC Negotiating Committee
/s/ /s/
---------------------------------- ------------------------------
Xxxxx X. Xxxxxx, X. X. Chronic, Chairman
Sr. Vice President Human Resources TWA MEC
/s/
------------------------------
J. Xxxxxxxx Xxxxxxx,
Dated: July 11, 1998 President
223
LETTER XX
LETTER OF AGREEMENT
between
TRANS WORLD AIRLINES, INC.
and
THE AIR LINE PILOTS
in the service of
TRANS WORLD AIRLINES, INC.
as represented by
THE AIR LINE PILOTS ASSOCIATION
INTERNATIONAL
THIS LETTER OF AGREEMENT is made and entered into in accordance with the
provisions of Title II of the Railway Labor Act, as amended, by and
between TRANS WORLD AIRLINES, INC., its successors or assigns
(hereinafter known as the "Company" or "TWA") and the Air Line Pilots in
the service of TWA as represented by the AIR LINE PILOTS ASSOCIATION,
INTERNATIONAL (hereinafter known as the "Association" or "ALPA").
WHEREAS the Company and the Association have negotiated a Letter of
Agreement covering the Company's Training Center Seniority List Check
Airmen/Simulator Instructors (the "INS LOA") to run concurrently with
the Basic Agreement effective September 1, 1998.
NOW, THEREFORE it is hereby agreed as follows:
1. General
A. This Letter of Agreement ("the INS LOA") shall apply to
pilots under the TWA-ALPA Agreement effective September 1,
1998 ("Basic Agreement") who are currently assigned to serve
as TWA's Training Center Seniority List Check
Airmen/Simulator Instructors ("INS pilots") or who become
INS pilots.
B. Pilots interested in selection as an INS pilot must be
willing to commit to twenty-four (24) months in the service
of the training department. Pilots interested in becoming an
INS pilot must present a resume, including a memo of
application supporting their qualifications, to the Managing
Director-Flight Operations Training who will select the INS
pilot instructors.
C. The INS pilot job description includes such duties and
assignments as required by the Managing Director-Flight
Operations Training including simulator flight instruction
for Captains, First Officers, Flight Engineers and new-hire
pilots involving initial, transition, upgrade, proficiency
and/or requalification training, differences training, check
airmen simulator training, fill-in crew member for simulator
training, and certification checks.
Additionally, INS pilots may at his/her option be assigned
such duties as: ground school classroom instruction,
224
LETTER XX, cont.
contract training, aircraft test flights and
temporary/special assignments.
D. Applicability of the Basic Agreement and Letters of
Agreement
(1) All provisions of Section 1 apply to INS pilots. Other
provisions of the Basic Agreement shall only apply to
INS pilots as expressly set forth in this INS Letter
of Agreement.
(2) Letters of Agreement (LOA) to the Basic Agreement
apply to INS pilots equally as "pilots", according to
the terms of each LOA. When the term status, domicile,
equipment or category is used in an LOA, it shall
apply to an individual INS pilot according to his/her
category bid award.
(3) An INS pilot is a "pilot" for all purposes under
Sections 2, 3, 17(B), 23, 24 and 27 of the Basic
Agreement. Section 2(S) applies to Captain INS pilots
(as defined herein) as "Captains".
(4) Each INS pilot shall retain his/her category bid award
under the Basic Agreement when assigned to a TWA
Training Center however, INS pilots shall not be
counted in a category for purposes of Sections
10(B)(7) and 12(A)(1) of the Basic Agreement. An INS
pilot's category bid award shall be subject at all
times to Sections 19 and 31(I), 31(J), 31(K), 31(P),
and 31(R) of the Basic Agreement.
An INS pilot shall be allowed to bid and qualify in
another category in accordance with seniority and in
conjunction with system bid messages. An INS pilot who
is awarded another category bid award and chooses to
remain an INS pilot shall have his/her category bid
vacancy re-awarded, but shall retain all rights to the
qualification training in seniority order and to the
category bid award. In instances when such
qualification is delayed by the Company, then such
pilot shall be deemed to have attained such
qualification for pay purposes under the Basic
Agreement and will not be returned to service until
qualified to fulfill his/her category bid award.
(5) An INS pilot shall be considered a non-bid run holder
for purposes of obtaining additional flying and OFR
under Section 9 of the Agreement.
(6) Sections 21 and 22 apply to the interpretation and
enforcement of this INS LOA. Section 21(A) applies in
the instance of discipline or discharge from the
Company of an INS pilot. When an INS pilot is removed
from service under Section 21(A), he/she shall
continue to receive the applicable guarantee under
this INS LOA for the remainder of the bid month. For
any subsequent period the INS pilot is withheld from
service, the Company may apply either the applicable
INS guarantee provision or the pay provisions of
Section 21(A).
225
LETTER XX, cont.
(7) An INS pilot may be returned by the Company to his/her
category bid award under the Basic Agreement for any
reason. Such action shall not be considered as
discipline and will not be subject to Sections 21(A)
or 21(B) of the Basic Agreement. The INS pilot shall
be advised by the fifth (5th) of the previous month of
such return in order to exercise his/her monthly bid
prerogatives pursuant to Section 9(B) of the Basic
Agreement.
An INS pilot may elect to return to his/her category
bid award under the Basic Agreement after fulfilling
his/her twenty-four (24) month commitment. In such
cases the INS pilot shall give at least one (1)
month's notice.
(8) A pilot who may be utilized as an INS shall be
notified by the fifth (5th) of the previous month of
his/her INS status.
(9) An INS pilot is a "regularly assigned pilot" for
purposes of Section 25 of the Basic Agreement and is
covered by Section 26 of the Basic Agreement.
(10) INS pilots are "employees" within the meaning of
Letter XIII of the Basic Agreement.
E. An INS pilot who fails to qualify or maintain qualification
as an INS pilot shall be returned to his/her category bid
award under the Basic Agreement.
2. Definitions
A. "Aircrew Program Designee" or "APD" means an INS pilot
designated by the Federal Aviation Administration to perform
airman certification checks.
B. "Equipment type" or "equipment" means one of the equipment
types defined by Section 31(X) and 31(FF) of the Basic
Agreement.
C. Flight Training Device ("FTD") means a non-motion simulator
e.g., Flight Management System Trainer ("FMST"), Cockpit
Procedures Trainer ("CPT") and Computer-based Training
("CBT").
D. "Instructor Classification" or "INS Classification" means
the INS pilot's instruction equipment type, instructor
status and training center domicile. For example,
SKT/767/CAP INS pilot (is a Captain INS pilot instructing on
the B757/B767/A321 at the St. Louis Training Center).
E. "Instructor Daily Rate" or "INS Daily Rate" is five hours
(5:00).
F. Instructor status
(1) A "Captain INS pilot" for compensation purposes and as
otherwise stated herein means an INS pilot who is
qualified and holds or is qualified and has held the
status of Captain under the Basic Agreement.
226
LETTER XX, cont.
(2) A "First Officer INS pilot" for compensation purposes
and as otherwise stated herein means as INS pilot who
is qualified and holds or is qualified and has held
the status of First Officer under the Basic Agreement.
(3) A "Flight Engineer INS pilot" for compensation
purposes and as otherwise stated herein means an INS
pilot who has completed initial operating experience
as a Flight Engineer and holds at least the status of
Flight Engineer under the Basic Agreement.
G. "Monthly Guarantee" is the minimum number of hours to be
paid to INS pilots for each month or part of a month of
service, except when the INS pilot has vacation.
H. "Override" means an additional percentage of compensation
over and above the total monthly pay hours earned, not
including pay hours earned through additional flying and
OFR.
I. "Section 4 pay rate(s)" means the composite hourly pay rate
for INS pilots calculated at the longevity then prevailing
pursuant to Section 4(A) and 4(B)(2) of the Basic Agreement
by status as follows:
Instructor Status Section 4 Status
----------------- ----------------
Captain INS pilot Captain
First Officer INS pilot First Officer
Flight Engineer INS pilot Flight Engineer
J. "Training Center Domicile" means the Training Centers (e.g.
in St. Louis, including Flight Safety International, (SKT)
and JFK International Airport (JFT)).
K. The following terms shall have the same meaning under the
INS LOA as under the Basic Agreement:
"Additional Flying"
"Bid Month" or "month"
"Captain"
"Category", "Category Award" or
"Category Bid Award"
"Domestic"
"First Officer" or "F/O"
"Fixed Daily Rate" ("FDR")
"Flight Engineer" or "F/E"
"International"
"Longevity"
"Narrowbody"
"OFR" (formerly Enhanced Trip Option)
"Pilot"
"Seniority"
"Status"
"Trip Add System" (TAS)
"Volunteer Fly List" ("VFL")
3. Compensation for Base and Extra Workdays
A. The INS pilot shall receive a minimum monthly guarantee
equal to eighty-five hours (85:00).
227
LETTER XX, cont.
B. INSs shall be paid the appropriate Section 4 composite pay,
subject to paragraph (C)(1) or (D) below.
C. Longevity Years Six and Beyond
(1) The INS pilot instructing in a Captain, First Officer
or Flight Engineer INS category shall receive Section
4 pay rates commensurate with his/her instructor
status and the equipment that he/she is instructing on
at the equipment rates then applicable under Section 4
of the Basic Agreement for the equipment type of
instruction (as set forth below), plus a pay override
of eight percent (8%).
Instructor Status Section 4 Pay Rate
----------------- ------------------
B747 Capt. Small Widebody Capt.
B747 F/O Small Widebody F/O
B747 F/E Narrowbody F/E
L10 Capt. Small Widebody Capt.
L10 F/O Small Widebody F/O
L10 F/E Narrowbody F/E
B757/B767/A321 Capt. Small Widebody Capt
B757/B767/A321 F/O Small Widebody F/O
Narrowbody Capt. Narrowbody Capt.
Narrowbody F/O Narrowbody F/O
B727 F/E Narrowbody F/E
(2) INS Flight Engineer with First Officer Qualification
The INS Flight Engineer pilot who is in pay longevity
years six (6) and beyond, and holds a First Officer
qualification on a TWA aircraft, shall receive First
Officer hourly pay rates commensurate with his/her pay
longevity on the equipment that he/she possesses a
First Officer qualification plus a pay override of
eight percent (8%).
D. Longevity Years 1-5
(1) The INS pilot who is in pay longevity years one (1)
through five (5), inclusive, shall be paid at sixth
(6th) year pay longevity rates on the equipment he/she
is instructing on plus a pay override of eight percent
(8%).
(2) First Officer Qualification
The INS pilot who is in pay longevity years one (1)
through five (5), inclusive, and holds a First Officer
qualification on a TWA aircraft, shall receive sixth
(6th) year First Officer hourly pay on the equipment
that he/she possesses a First Officer qualification
plus a pay override of eight percent (8%).
228
LETTER XX, cont.
E. An INS pilot shall be compensated for extra work days at the
INS daily rate. Such compensation shall be above the monthly
guarantee.
4. INS Pilot Work Schedule
A. INS pilots will be assigned to an Instructor Classification
and will be provided with a full monthly schedule by the
twenty-fifth (25th) day of the month prior to the bid month.
INS classification monthly assignments will be posted and
promptly supplied to the System Schedule Committee.
The base work days for an INS pilot shall be sixteen (16)
total days in the month less duty free periods, which shall
in no case be fewer than fourteen (14) twenty-four hours
(24:00) duty free periods at their domicile/satellite. The
base work days for an INS pilot designated as APD shall be
fifteen (15) total days in the month less duty free periods,
which shall in no case be fewer than fifteen (15) twenty-
four hours (24:00) duty free periods at their
domicile/satellite. Additionally, one (1) of the base work
days of the INS pilot and the APD shall be used for a
proficiency trip in accordance with paragraph 4(F)(2).
B. The Company will staff sufficient INS pilots to cover all
known Training Center requirements within the normal
allotment of work days under 4(A) above.
C. If a pilot accepts assignment as an INS pilot at any time
other than the beginning of a bid month or is otherwise
unavailable for work as an INS pilot for a full month, the
INS pilot's work days will be prorated based on the number
of days available for scheduling.
D. An INS pilot work day shall consist of one (1) of the
following:
(1) A simulator session not greater in duration than as
identified in Section 6(A)(3)(e) of the Basic
Agreement, exclusive of briefing and debriefing
sessions not to exceed a total of two hour and thirty
minutes (2:30).
(2) Two (2) Flight Training Device(s) (FTD) periods each
consisting of a one hour (1:00) briefing and two hours
(2:00) FTD period separated by a fifteen minute (:15)
break.
(3) A day an INS pilot is assigned to a special
assignment.
(4) A day scheduled for a standards/instructor
meetings(s).
(5) A day in training to become or maintain currency as an
INS pilot (e.g., initial, CQT, ground school,
simulator, or appendix H flying) or training to
fulfill a category bid award pursuant to paragraph
1.D.(4) of this INS LOA.
229
LETTER XX, cont.
(6) A day of temporary assignment duty including travel to
or from temporary assignment.
(7) Classroom instruction not to exceed six hours (6:00).
(8) Test flight(s) of aircraft. The maximum duty time for
all such flights within one duty period shall not
exceed thirteen hours (13:00) continuous duty without
crew consent.
(9) Three (3) oral exams or two (2) ratings performed by
an APD.
(10) With the INS pilot's concurrence, any combination of
the above listed activities combined in a single work
day so as not to exceed eight hours (8:00).
(11) A day scheduled for an annual or Continuing
Qualification Training line evaluation check and/or
international navigation check.
(12) A day when the only required activity is scheduled
travel to or from a temporary assignment.
E. Additional Schedule Rules
(1) If an INS pilot is scheduled for a work day as defined
in paragraph 4.D. above, and such activity is canceled
or interrupted after the work day commences, the INS
pilot may be reassigned in accordance with paragraph
4.D.(10) above.
(2) Sets of work days will be separated by twenty-four
hour (24:00) duty free periods.
(3) INS pilots will submit their requests for duty free
periods, extra work days and other special days off
for the following month by the twelfth (12th) day of
the current month. Once duty free periods have been
awarded, any change to such duty-free periods will
require the consent of the INS pilot. INS pilot work
schedules will be available in CAMS. An INS pilot may
designate as inviolate ("golden") one block of
consecutive duty-free twenty-four hour (24:00)
periods, not to exceed six (6) periods.
(4) An INS pilot shall not be scheduled for more than five
(5) consecutive work days. When an INS pilot is
scheduled for five (5) work days in a row, he/she
shall not be scheduled for an aircraft test flight on
the fifth day.
(5) An INS pilot shall not be scheduled for more than nine
(9) work days if there is only one (1) intervening
duty-free period between sets of work days.
(6) It is the INS pilot's responsibility to okay his/her
daily schedule with the Training Center Scheduling
Department. If the schedule is subsequently changed it
is the responsibility of the Training Center
Scheduling Department to notify the INS pilot of the
change.
230
LETTER XX, cont.
(7) An INS pilot may indicate, along with the request for
duty-free periods as set forth in paragraph E.(3),
his/her availability for extra work day(s) during any
block of duty-free periods or during any scheduled
vacation period.
(a) All extra work day(s) assignments shall be
offered in seniority order within an Instructor
classification except when the Company
determines that student needs dictate otherwise.
(b) An INS pilot awarded an extra work day will be
compensated at the instructor daily rate and
shall be paid above the INS guarantee.
(c) An INS pilot scheduled for such extra work
day(s) will be paid for the extra work day(s)
regardless if actually utilized.
(d) After the INS pilot work schedules are
published, if the need arises for an extra work
day(s), an INS pilot who has indicated his/her
availability will be offered such extra work
day(s) in seniority order. If the requirement
for extra work day(s) still exists thereafter,
such extra work day(s) will be offered to
qualified INS pilot(s) in seniority order.
F. Miscellaneous
(1) Temporary/Special Assignments
(a) The Company may offer INS pilots temporary
assignments or duty away from his/her assigned
training center domicile. For such assignments,
INS pilot lodging facilities shall be at
existing facilities for domestic lodging in
accordance with Section 7(A)(3) of the Basic
Agreement or, where no lodging facility has been
selected or the proximity of the existing
lodging facility is such that utilizing existing
facilities would hamper efficient completion of
the temporary assignment, then the hotel
selected shall be comparable in quality and
comfort to the hotel selected in conformance
with Section 7 of the Basic Agreement.
International lodging facilities shall be in
accordance with Section 7(B) of the Basic
Agreement.
(b) The Company shall provide round-trip class B
transportation to and from such temporary
assignments. In addition, an INS pilot who
accepts a temporary assignment duty shall
receive round trip ACM-13 privileges from and to
the temporary assignment location during his/her
duty free period within the temporary
assignment.
The Company shall provide the INS pilot one (1)
travel day before or after such temporary
231
LETTER XX, cont.
assignment. If the location and/or work schedule
of the temporary assignment prevents the INS
pilot from both traveling to the assignment on
the first day of scheduled instruction and
returning on the last day of scheduled
instruction, the INS pilot shall be entitled to
two (2) travel days for that single temporary
assignment.
(c) A single INS pilot temporary assignment shall
consist of no more than (including days off
within the assignment but excluding travel
days):
(i) One (1) standard training program or
curriculum (i.e. initial, recurrent,
requalification, transition, upgrade, or
differences training) with one (1) set of
students (although instructors may switch
students for final checkrides), not to
exceed eleven (11) consecutive calendar
days; except that, if loft training is
required as part of the training program,
the temporary assignment shall not exceed
fifteen (15) consecutive calendar days.
(ii) If the temporary assignment is composed of
checkrides/rating rides only, the
temporary assignment shall not exceed
eleven (11) consecutive calendar days.
(d) The Company may offer an INS pilot a special
assignment to operate an aircraft test flight.
The INS pilot may decline the test flight
assignment for personal reasons. Such flights
will comply with all applicable Federal Air
Regulations. If necessary, Class B
transportation will be provided to and from the
test flight activity in accordance with Section
(3) of the Basic Agreement.
(2) INS pilots are required to fly a minimum of one (1)
trip every ninety (90) days ("proficiency trip") on
the equipment on which he/she is instructing to
maintain his/her qualifications and in compliance with
FAR 121, Appendix H. The INS pilot who is instructing
in a category that is different from his/her line
category shall utilize the provisions of Section 5(E)
of the Agreement to acquire such proficiency trip. An
INS pilot may utilize a trip departing any domicile to
accomplish such proficiency trip including during the
INS pilot's vacation period. If necessary Class B
transportation will be provided.
In accordance with paragraph 4.A. above, an INS pilot
and the APD will utilize one of his/her work days for
such proficiency trip. A proficiency trip flown during
the pilot's vacation period will not be considered a
work day and will not be paid above the INS guarantee.
232
LETTER XX, cont.
Additionally, all such flying under this paragraph
F.(2) shall not be considered additional flying or OFR
unless it is flown in the INS pilot's category bid
award and is assigned in accordance with additional
flying or OFR under the Basic Agreement.
5. Additional Flying/OFR
A. An INS pilot may access open time only in accordance with
the provisions of Section 9(F), (H) and (J) of the Basic
Agreement within his/her category bid award. Such
additional/OFR flying shall only be flown during his/her
scheduled days off or vacation.
B. Additional flying and OFR will be paid at the hourly rate of
pay commensurate with the INS pilot's category bid award and
shall be paid above INS guarantee. INS pilot override and/or
longevity increase in paragraph 3.C. and D. above shall not
be applied to such flying. Except as provided in this Letter
of Agreement, all provisions of the Basic Agreement that
pertain to a category bid pilot shall apply to an INS pilot
when the INS pilot is flying an additional flying or OFR
trip.
C. No INS pilot shall be required to perform additional flying.
Sections 9(F)(4) and 9(K)(6)of the Basic Agreement shall
apply equally to INS pilots as other pilots.
D. An INS pilot may acquire an OFR trip(s). However an INS
pilot may not offer a trip through OFR. A selected trip must
not conflict with any existing assignments and is subject to
Section 11 of the Basic Agreement.
6. Expenses
A. Expenses for additional flying and OFR shall be in
accordance with Section 7(A) and 7(B) of the Basic
Agreement.
B. When assigned to other temporary duty or assignment away
from the INS pilot's Training Center domicile, INS pilots
shall receive reasonable and actual expenses.
7. Seniority and Leaves of Absence
A. INS pilots shall continue to accrue seniority and longevity
under the Basic Agreement.
B. Leaves of absence for INS pilots are permitted only after
the INS pilot returns to service under the Basic Agreement
and pursuant to Section 18 of the Basic Agreement.
C. The furlough of any pilot(s), including an INS pilot(s)
shall be pursuant to Section 20 of the Basic Agreement. An
INS pilot returning to service under the Basic Agreement
from a Training Center domicile shall not be considered
furloughed from such Training Center domicile.
233
LETTER XX, cont.
8. Vacation and Urgent Personal Business
A. Pay and credit for an INS pilot on vacation shall be at the
fixed daily rate.
B. Vacation eligibility and entitlement shall be in accordance
with Section 14(A) and 14(B) respectively of the Basic
Agreement.
C. Vacation Bidding
INS pilots shall be covered by sections 14(D), 14(E), 14(F),
14(G), 14(H) and 14(I) of the Basic Agreement except for
such purposes, the following shall apply:
(1) The term "INS classification" replaces "category".
(2) The date "September 30 of the current year" replaces
"January 1 of the year the vacation is to be taken".
(3) The term "Training Center domicile" replaces
"domicile".
(4) The term "Managing Director-Flight Operations
Training" replaces "Regional Chief Pilot".
(5) The term "instructor status" replaces "status".
D. An INS pilot may offer to sell back his/her vacation to the
Company pursuant to Section 14(I) of the Basic Agreement
except that the INS pilot shall be paid at the fixed daily
rate.
E. The Urgent Personal Business provisions defined in Section 2
of the Basic Agreement shall be available to INS pilots
except that compensation for such day(s) shall be at the
fixed daily rate.
9. Sick Leave
Sick leave shall be paid, and the INS pilot's Section 15 Sick
Leave bank shall be charged, at the instructor daily rate when the
INS pilot is unable to report for an INS pilot work day as a
result of actual sickness or injury.
10. Agreement Precedence
The INS LOA represents the exclusive pay and work rules applicable
to INS pilots and take precedence over any prior existing letters,
policy statements, memoranda, other writings or unwritten
practices.
11. This INS LOA is subject to MEC/membership ratification/rejection
("ratification").
234
LETTER XX, cont.
12. Duration
Upon ratification, this INS LOA shall be effective on September 1,
1998 and shall thereafter run in full force and effect
concurrently with the Basic Agreement.
SO AGREED.
For the Company: For the Association:
/s/ /s/
------------------------------ ------------------------------
Xxxxx X. Xxxxx, Director Xxxxxxx X. Xxxxx, Chairman
Labor Relations TWA MEC Negotiating Committee
/s/ /s/
------------------------------ ------------------------------
Xxxxxx X. Xxxxxxxx X. X. Chronic, Chairman
Vice President TWA MEC
Labor Relations
/s/
------------------------------
J. Xxxxxxxx Xxxxxxx,
President
Dated: July 7, 1998
235
LETTER XXI
LETTER OF AGREEMENT
between
TRANS WORLD AIRLINES, INC.
and
THE AIR LINE PILOTS
in the service of
TRANS WORLD AIRLINES, INC.
as represented by
THE AIR LINE PILOTS ASSOCIATION
INTERNATIONAL
THIS LETTER OF AGREEMENT is made and entered into in accordance with the
provisions of Title II of the Railway Labor Act, as amended, by and
between TRANS WORLD AIRLINES, INC., its successors or assigns
(hereinafter known as the "Company" or "TWA") and the Air Line Pilots in
the service of TWA as represented by the AIR LINE PILOTS ASSOCIATION,
INTERNATIONAL (hereinafter known as the "Association" or "ALPA").
WHEREAS the Company and the Association have negotiated a Letter of
Agreement covering the Company's Line Instructor Pilots and Line
Standards Pilots (the "LIP/LSP LOA") to run concurrently with the Basic
Agreement effective September 1, 1998;
NOW THEREFORE the Company and the Association hereby agree as follows:
1. Line Instructor Pilots ("LIP") and Line Standards Pilots ("LSP")
are "pilots" covered by the TWA-ALPA Agreement effective September
1, 1998 (herein "Basic Agreement"). The Basic Agreement shall
apply to the LIP and LSP except as specifically provided herein.
2. This LIP-LSP LOA supersedes and replaces all previous agreements
relating to TWA's Line Check Airmen.
3. LIPs and LSPs, except as provided herein, shall perform line
checks, evaluations and operating experience only in his/her
category bid award. Additionally, LIPs and LSPs who hold Captain
bid awards under the Basic Agreement may line check, evaluate and
perform operating experience with First Officers and First Officer
trainees.
WHEREAS the Company and the Association have agreed upon pay and work
rules for TWA Line Check Airmen/Instructors;
NOW, THEREFORE it is hereby agreed that the following provisions shall
apply to LIPs:
1. Compensation for Base and Extra Workdays
A. The LIP shall receive a minimum monthly guarantee equal to
eighty-five hours (85:00)in his/her category, plus a pay
override of eight percent (8%).
236
LETTER XXI, cont.
B. LIPs shall be paid the appropriate Section 4 composite pay,
including international override if applicable, and subject
to paragraph (1)(C) below.
C. Longevity Years 1-5
(1) The LIP who is in pay longevity years one (1) through
five (5), inclusive, shall be paid at sixth (6th) year
pay longevity rates on the equipment he/she is
instructing on plus a pay override of eight percent
(8%).
(2) First Officer Qualification
The LIP who is in pay longevity years one (1) through
five (5), inclusive, and holds a First Officer
qualification on a TWA aircraft, shall receive sixth
(6th) year First Officer composite pay on the
equipment that he/she possesses a First Officer
qualification plus a pay override of eight percent
(8%).
D. When the LIP is required to occupy the ACM seat while line
checking or evaluating a pilot(s)/flight engineer(s), the
LIP shall receive full pay and credit for all flight
activity.
E. Any non-flying activities performed by a LIP on a day in
addition to the base work hours as provided in paragraph
(3)(A) below shall be considered an extra work day and paid
above guarantee at five hours (5:00) per day in accordance
with paragraph (1)(B) above.
F. Any flying activities performed by a LIP while performing
operating experience and/or line checking or evaluating a
pilot/flight engineer in addition to the base work hours as
provided in paragraph (3)(A) below shall be paid above
guarantee in accordance with paragraph (1)(B) above.
G. Pilots in training to become a LIP shall receive five hours
(5:00) pay and credit per day for each day of non-flying
activities commensurate with his/her pay longevity for
his/her current category bid award. Such activity shall not
be subject to the eight percent (8%) override.
2. First Officer Bidding and Qualifications for LIP Flight Engineers.
A LIP Flight Engineer shall be allowed to qualify as a First
Officer on a TWA aircraft in accordance with seniority and in
conjunction with system bid messages. A LIP Flight Engineer who is
awarded a First Officer category bid award, and chooses to remain
a LIP Flight Engineer, shall have his/her First Officer category
bid award re-awarded, but shall retain all rights to the First
Officer training in seniority order and the bid award. In
instances when such qualification(s) is delayed by the Company,
then such pilot shall be deemed to have attained First Officer
qualification for pay purposes in paragraph (1)(B) or (1)(C)
above, whichever is greater.
237
LETTER XXI, cont.
3. LIP Work Schedule
A. The work month of a LIP shall equal his/her initial bid run
projection. With the approval of the Regional Chief Pilot,
the LIP may exceed the average line value (ALV) for his/her
category when performing operating experience and/or line
checking and evaluating activities.
B. Except as provided in paragraph (4)(A) below and
notwithstanding Section 9(D) of the Basic Agreement, if a
LIP monthly projection falls below his/her category
guarantee, he/she may be required to perform LIP duties up
to the base credit hours of his/her initial bid run
projection.
C. A LIP work day may include attending a required Standards
Meeting. Such activity will be compensated at five hours
(5:00) pay and credit.
4. Additional Schedule Rules
A. The LIP may be restricted from using BLIP and/or offering a
trip into open time (OFR) when a pilot/flight engineer is
scheduled to receive operating experience with the LIP or to
be line checked or evaluated by the LIP. When the LIP trip
offered into OFR is dropped, the projected pay and credit,
and the minimum guarantee of the offering pilot will be
reduced by the amount of the pay and credit hours of the
dropped trip. The LIP shall not be subject to balance as a
result of such dropped trip.
B. With the approval of the Regional Chief Pilot, a LIP may
remain "on LIP status" for a period of six (6) months
without interruption.
5. Additional/OFR Flying
A. The LIP may access OFR and additional flying through the
Trip Add System (TAS) and/or the Volunteer Fly List (VFL) in
accordance with Section 9 of the Basic Agreement.
B. Additional flying, through TAS and/or VFL, and trips
obtained through OFR shall offset the eighty-five hour
(85:00) guarantee. The LIP will receive the eight percent
(8%) pay override above the eighty-five (85) hour guarantee
only when the following events occur:
(1) The LIP is performing operating experience and/or line
checking or evaluating a pilot/flight engineer; and
(2) The LIP has performed actual services equivalent to
eighty-five (85) hours.
6. The LIP shall be considered a "bid run pilot" for all other
purposes under the Basic Agreement and shall be considered a
"regularly assigned pilot" for purposes of Section 25 of the Basic
Agreement.
238
LETTER XXI, cont.
WHEREAS the Company and the Association have agreed upon pay and work
rules for TWA Line Standards Pilots;
NOW, THEREFORE it is hereby agreed that the following provisions shall
apply to LSPs:
1. Compensation for Base and Extra Workdays
A. The LSP shall receive a minimum monthly guarantee equal to
eighty-five hours (85:00) in his/her category, plus eight
percent (8%) pay override.
B. LSPs shall be paid the appropriate Section 4 composite pay,
including international override if applicable, and subject
to paragraph (1)(C) below.
C. Longevity Years 1-5
(1) The LSP who is in pay longevity years one (1) through
five (5), inclusive, shall be paid at sixth (6th) year
pay longevity rates on the equipment he/she is
instructing on plus a pay override of eight percent
(8%).
(2) First Officer Qualification
The LSP who is in pay longevity years one (1) through
five (5), inclusive, and holds a First Officer
qualification on a TWA aircraft, shall receive sixth
(6th) year First Officer composite pay on the
equipment that he/she possesses a First Officer
qualification plus a pay override of eight percent
(8%).
D. Any non-flying activities performed by a LSP on a day in
addition to the base work hours as provided in paragraph
(3)(A) below shall be an extra work day and paid above
guarantee at five hours (5:00) per day in accordance with
paragraph (1)(B) above.
E. Any flying activities performed by a LSP while performing
operating experience and/or line checking or evaluating a
pilot/flight engineer in addition to the base work hours as
provided in paragraph (3)(A) below shall be paid above
guarantee in accordance with paragraph (1)(B) above.
F. Pilots in training to become a LSP shall receive five hours
(5:00) pay and credit per day commensurate with his/her pay
longevity for his/her current category bid award. Such
activity shall not be subject to the eight percent (8%)
override.
G. When the LSP is required to occupy an ACM seat while line
checking or evaluating a pilot/flight engineer, the LSP
shall receive full pay and credit for all flight activity.
H. The activities in paragraph(s) (4)(A) and (5) below shall
not be restricted by the base month and shall be paid above
the LSP guarantee.
239
LETTER XXI, cont.
2. First Officer Bidding and Qualifications for LSP Flight Engineers.
A LSP Flight Engineer shall be allowed to qualify as a First
Officer on a TWA aircraft in accordance with seniority and in
conjunction with system bid messages. A LSP Flight Engineer who is
awarded a First Officer category bid award, and chooses to remain
a LSP Flight Engineer, shall have his/her First Officer category
bid award re-awarded, but shall retain all rights to the First
Officer training in seniority order and the bid award. In
instances when such qualification is delayed by the Company, then
such pilot shall be deemed to have attained First Officer
qualification for pay purposes in paragraph (1)(B) above.
3. LSP Work Schedule
A. The work month of the LSP shall equal ALV plus or minus five
hours (5:00). With the approval of the Regional Chief Pilot,
the LSP may exceed ALV when performing operating experience
and/or line checking activities.
B. A LSP work day may include attending a required Standards
Meeting. Such activity will be compensated at five hours
(5:00) pay and credit.
4. Additional Schedule Rules
A. The LSP may, with the approval of the Regional Chief Pilot
or the Assistant Regional Chief Pilot, utilize the
provisions of Section 5(E)(1) of the Basic Agreement.
B. The LSP will be restricted from using BLIP.
C. The LSP may access additional flying and OFR in accordance
with Section 9 of the Agreement.
D. With the approval of the Regional Chief Pilot, a LSP may
remain "on LSP status" for a period of six (6) months
without interruption.
5. Additional Compensation Rules
Additional flying and OFR shall offset the eighty-five hour
(85:00) guarantee. The LSP will receive the eight percent (8%) pay
override above the eighty-five hour (85:00) guarantee only when
the following events occur:
A. The LSP is performing operating experience and/or line
checking or evaluating a pilot/flight engineer; and
B. The LSP has performed actual services equivalent to eighty-
five hours (85:00).
6. Sick Leave
The definition of "instructor daily rate" of the Training Center
Check Airmen/Simulator Instructors Letter of Agreement shall apply
to this provision. Sick leave shall be paid, and the LSP Section
15 Sick Leave bank shall be charged, at the instructor daily rate
not to exceed eighty-five hours (85:00) when the LSP is unable to
240
LETTER XXI, cont.
report for a LSP work day as a result of actual sickness or
injury.
7. A LSP shall be considered a "non-bid run pilot" and not a "bid run
pilot" for all purposes under the Agreement. Additionally, LSP
shall be considered a "regularly assigned pilot" for purposes of
Section 25 of the Agreement.
Ratification and Duration
1. This LIP/LSP Letter of Agreement is subject to MEC and/or
membership ratification/rejection ("ratification").
2. Upon ratification, this LIP/LSP Letter of Agreement shall be
effective September 1, 1998 and shall thereafter run in full
force and effect concurrently with the Basic Agreement.
SO AGREED.
For the Company: For the Association:
/s/ /s/
------------------------------- --------------------------------
Xxxxx X. Xxxxx, Director Xxxxxxx X. Xxxxx, Chairman
Labor Relations TWA MEC Negotiating Committee
/s/ /s/
------------------------------- --------------------------------
Xxxxxx X. Xxxxxxxx X. X. Chronic, Chairman
Vice President TWA MEC
Labor Relations
/s/
--------------------------------
J. Xxxxxxxx Xxxxxxx,
President
Dated: July 7, 1998
241
LETTER XXII
LETTER OF AGREEMENT
between
TRANS WORLD AIRLINES, INC.
and
THE AIR LINE PILOTS
in the service of
TRANS WORLD AIRLINES, INC.
as represented by
THE AIR LINE PILOTS ASSOCIATION
INTERNATIONAL
THIS LETTER OF AGREEMENT is made and entered into in accordance with the
provisions of Title II of the Railway Labor Act, as amended, by and
between TRANS WORLD AIRLINES, INC., its successors or assigns
(hereinafter known as the "Company" or "TWA") and the Air Line Pilots in
the service of TWA as represented by the AIR LINE PILOTS ASSOCIATION,
INTERNATIONAL (hereinafter known as the "Association" or "ALPA").
WHEREAS the Company and the Association have negotiated a Letter of
Agreement covering the Company's Training Center Seniority List Check
Airmen/Simulator Instructors (the "INS LOA").
NOW, THEREFORE it is hereby agreed as follows:
A. General
1. Upon ratification of the new CBA, the Company may employ not
more than twenty (20) non-seniority list simulator
instructors. Effective one (1) day prior to the amendable
date of the new CBA, the Company may employ a total of
thirty (30) non-seniority list simulator instructors.
2. Non-seniority list simulator instructors shall not perform
any flight duty as a crew member and shall not train pilots
in Company aircraft.
3. Non-seniority list simulator instructors must be trained by
and for TWA. However, non-seniority list simulator
instructors will not line check or evaluate TWA pilots.
4. All non-seniority list simulator instructors, including
former TWA pilots, shall be deemed management employees and
shall not be subject to the provisions of the Basic
Agreement or the INS LOA.
5. In the event TWA furloughs one or more pilots from the
System Seniority List, non-seniority list instructors shall
be restricted from simulator instruction for the duration of
the furlough.
242
LETTER XXII, cont.
B. Qualifications
1. Non-seniority list simulator instructors must possess the
minimum requirements set forth by the Federal Air
Regulations and the Company.
2. Non-seniority list simulator instructors must be rated or
rateable on the equipment to be utilized.
C. Former TWA employees who possess the requisite qualifications
shall have a preferential opportunity for an interview over non-
TWA applicants.
D. The Company shall not employ an outside contract training
Company/organization.
E. Upon execution, this Letter of Agreement shall run in full force
and effect concurrently with the Basic Agreement effective
September 1, 1998.
SO AGREED.
For the Company: For the Association:
/s/ /s/
---------------------------------- -------------------------------
Xxxxx Xxxxx, Director Xxxxxxx X. Xxxxx, Chairman
Labor Relations TWA MEC Negotiating Committee
/s/ /s/
---------------------------------- -------------------------------
Xxxxx X. Xxxxxx, X. X. Chronic, Chairman
Sr. Vice President Human Resources TWA MEC
/s/
-------------------------------
J. Xxxxxxxx Xxxxxxx,
President
Dated: July 6, 1998
243
LETTER XXIII
LETTER OF AGREEMENT
between
TRANS WORLD AIRLINES, INC.
and
THE AIR LINE PILOTS
in the service of
TRANS WORLD AIRLINES, INC.
as represented by
THE AIR LINE PILOTS ASSOCIATION
INTERNATIONAL
THIS LETTER OF AGREEMENT is made and entered into in accordance with the
provision of Title II of the Railway Labor Act, as amended, by and
between TRANS WORLD AIRLINES, INC., its successors or assigns
(hereinafter known as the "Company" or "TWA") and the Air Line Pilots in
the service of TWA as represented by the AIR LINE PILOTS ASSOCIATION,
INTERNATIONAL (hereinafter known as the "Association" or "ALPA").
WHEREAS TWA, ALPA, IAM (International Association of Machinists), IFFA
(Independent Federation of Flight Attendants), and TWU (Transport
Workers Union of America) have agreed upon certain changes to the TWA
free and reduced rate transportation policy as a resolution of a TWA-IAM
System Board of Adjustment arbitration;
NOW THEREFORE it is hereby agreed as follows:
1. The terms of the attached TWA Policy (herein "TWA Policy") are
hereby incorporated as an amendment to the TWA-ALPA Agreement
effective September 1, 1994 (herein "the Agreement").
2. Upon the implementation of the TWA Policy, which will become
effective on September 1, 1996, the Letter of Agreement dated
August 31, 1994 (Exhibit #64) relating to TWA free and reduced
rate transportation shall be null and void and without continued
force or effect.
3. This Letter of Agreement is effective upon execution and shall
remain in full force and effect concurrently with the Agreement.
SO AGREED:
For the Company: For the Association:
/s/ /s/
----------------------------- ----------------------------------
Xxxxxx X. Xxxxxxxx, X.X. Xxxxxx
Staff Vice President Chairman
Labor Relations TWA MEC
/s/
----------------------------------
J. Xxxxxxxx Xxxxxxx,
Dated: May 21, 1996 President
244
LETTER XXIII(A)
TWA FREE AND REDUCED RATE
TRANSPORTATION POLICY
All rules and regulations governing the administration of free and
reduced rate transportation including those cited in this section,
continue in full force and effect. They will be strictly enforced and
adhered to, and violators may be subject to revocation of pass
privileges or immediate dismissal.
1. Vacation Pass Policy
--------------------
A) Increase allotment from one (1) to four (4) Vacation Passes
per calendar year for active employees and eligible family
members provided the employee has completed one full year of
service prior to January 1st and has earned not less than
one-half (1/2) of the full year vacation allotment
commensurate for his/her job classification and seniority.
Employees with less than this requirement will continue to
receive one (1) Vacation Pass per calendar year for employee
and eligible family members. The yearly allotment of
Vacation Passes must be exhausted within that calendar year.
B) Applicable coach and first class service charges will be
assessed for all Vacation Passes. Employees with more than
fifteen (15) years of service do not pay coach charges.
C) Vacation Passes will NOT be valid for reissue unless
employee has earned only one (1) vacation pass in the
calendar year. In this instance, only totally unused passes
may be reissued.
D) Refunds are allowed on totally unused round-trip or one-way
coupons including a totally unused one-way coupon. No
refund will be made on charges of partially used passes when
the coach charge for sector used equals that of the charge
paid.
E) Request for Vacation Pass(es) shall include all eligible
family members for efficiency in administrative handling.
F) All other rules and regulations regarding Vacation Passes
shall remain unchanged.
2. Commuter Passes
---------------
A) Active employees with less than fifteen (15) years of
service may request Class 7 service charge trip passes to be
used for travel from the employee's home (nearest airport
served by TWA) to employees domicile (for flight crew
employees) or work station (for ground employees) for
reporting to/from work ONLY.
245
B) CLASS 7 SERVICE CHARGE TRIP PASSES WILL ONLY BE ISSUED BY
THE EMPLOYEE'S REGULAR PASS ISSUING OFFICE UPON REQUEST AND
WILL REQUIRE TEN (10) BUSINESS DAYS FOR PROCESSING. PASSES
WILL BE ISSUED ON FORM 800 ONLY.
PAYROLL DEDUCTION FORM 807 MAY NOT BE USED.
C) Once the form 800 has been issued, city pair routings may
not be changed.
D) The employee's home will be defined as the address reflected
on official Company records (Form A-74).
E) Applicable coach charges will be collected by the Pass
Issuing Office. Employees may elect to payroll deduct coach
charges using Form 800, or by using a personal check. First
Class charges my be paid only by payroll deduction using
Form T-4229.
F) Family members are not eligible for class 7 service charge
trip passes.
3. ACM/XCAP Authority - Active Eligible Employees
----------------------------------------------
A) Current procedures for travel pursuant to the ACM/XCAP
authority will continue for the actual cockpit or cabin crew
seat(s) as governed by the Flight Operations Policy Manual
and In-Flight Services Manual.
B) Active eligible employees are defined as active pilots,
flight attendants, and flight dispatch officers in the
service of Trans World Airlines, Inc.
C) Alternatively, active eligible employees may elect to list
as "XCREW" using the current PARS standby listing
procedures. Only active eligible employees qualify for this
type of travel - this does not extend to eligible family
members. Active eligible employees traveling as "XCREWs"
will be boarded last after all other standby passengers
including EEE and OALs.
D) Active eligible employees who list and verify as "XCREW" are
not permitted to list using any other standby code. In
addition, those active eligible employees who sign-up for
the ACM/XCAP seat(s) in accordance with 3(A) above, will not
be eligible to list for the XCREW classification.
E) Boarding of active eligible employees within the XCREW
classification will be based solely on Company seniority.
No other boarding priority will apply to employees in this
classification.
F) Employees of other airlines will not be eligible to
participate in this program.
G) Active eligible employees traveling under XCREW will be
boarded in coach class only. First Class travel is not
permitted under any circumstances.
H) XCREW travel is service charge free in coach class and
active eligible employees will be required to complete form
0-3322 prior to boarding aircraft.
246
LETTER XXIV
LETTER OF AGREEMENT
between
TRANS WORLD AIRLINES, INC.
and
THE AIR LINE PILOTS
in the service of
TRANS WORLD AIRLINES, INC.
as represented by
THE AIR LINE PILOTS ASSOCIATION
INTERNATIONAL
THIS LETTER OF AGREEMENT is made and entered into in accordance with the
provisions of Title II of the Railway Labor Act, as amended, by and
between TRANS WORLD AIRLINES, INC., its successors or assigns (herein
the "Company" or "TWA") and the Air Line Pilots in the service of TWA as
represented by the AIR LINE PILOTS ASSOCIATION, INTERNATIONAL (herein
the "Association" or "ALPA").
WHEREAS the Company and the Association have agreed to certain
amendments to Sections 1-31 and the Letters of Agreement to the Basic
Agreement effective September 1, 1994 (said new agreements are referred
to herein alternatively as "the Basic Agreement effective September 1,
1998" or "the New Basic Agreement"); and
WHEREAS the Company and the Association have agreed to certain
amendments to the Training Center Check Airmen and Simulator Instructors
Letter of Agreement (herein "the INS LOA"); and
WHEREAS the Company and the Association have agreed to certain
amendments to the Letter of Agreement covering the Company's Line
Instructor Pilots and Line Standards Pilots (herein "the LIP/LSP LOA");
and
WHEREAS all amended provisions and new agreements ("tentative
agreements") are attached hereto; and
WHEREAS the Company and the Association have agreed to certain
provisions regarding the implementation of the above mentioned
agreements; and
WHEREAS the above mentioned agreements are subject to the Association's
ratification procedures;
NOW THEREFORE the parties hereby agree as follows:
Ratification
------------
1. The Basic Agreement effective September 1, 1998, the INS
LOA, the LIP/LSP LOA and paragraphs 2-11 of this Letter of
Agreement are together subject to ratification/rejection by
the TWA Master Executive Council and/or the TWA ALPA
membership (herein "ratification", if approved). In the
event that these tentative agreements are rejected by ALPA,
each party reserves its rights to withdraw and/or amend the
247
LETTER XXIV, cont.
proposals tentatively agreed to and attached to this Letter
of Agreement.
Preferential Bidding
--------------------
2. Sections 9, 10, 11, 12 and 28 of the New Basic Agreement
shall permanently replace such respective provisions of
Exhibit 2 to the Permanent Implementation Letter of
Agreement (herein "the PI LOA"). All other provisions of the
PI LOA shall remain in full force and effect concurrently
with the New Basic Agreement.
Workrule Implementation
-----------------------
3. Pilots restricted from bid awards by the terms of Section
6(D), 6(E) and 6(G) of the Basic Agreement effective
September 1, 1994 (herein "the 1994 Basic Agreement") shall
continue to be governed by the terms of such provisions
after the date of ratification of the New Basic Agreement.
The restrictions of Section 6(C) and 19(K) of the New Basic
Agreement shall be applied prospectively.
New Narrowbody Aircraft
-----------------------
4. Section 4(D)(7) of the 1994 Basic Agreement shall be deemed
to have been satisfied with regard to the introduction of
the A319/320/321 and B737 equipment types.
5. Upon introduction, the A319/A320/A321 and all models of the
B737 shall be considered separate equipment types for
purposes of permanent vacancy and monthly bidding under
Sections 19 and 9, respectively, of the New Basic Agreement.
Letters of Agreement and Publication of the New Basic Agreement
---------------------------------------------------------------
6. The Letter of Agreement of December 18, 1985 between X. X.
Xxxx for TWA and Captain Xxxxxx Xxxxxxxxx for ALPA (Letter
X) and Letter XIV to the 1994 Basic Agreement shall be of no
further force or effect after August 31, 1998.
7. Letter IV to the 1994 Basic Agreement shall be of no further
force or effect after August 31, 1998.
8. The following agreements published with the 1994 Basic
Agreement shall be of no further force or effect after
August 31, 1998:
Letter V (International Relief Officer)
Letter VIII (Domestic Satellite Agreement)
Letter XII (Flex Cap/Furlough Protection Letter)
Letter XV (Triple EEE Program)
Letter XVI (Passes for Furloughed Pilots)
Letter XVIII (B727 Simulator Use Letter)
Letter XXIII (B747 IRO Crew Rest Letter)
Letter XXIV (B767 Crew Rest Letter)
Letter XXV (Agreement in Principle, dated August 31,
1994)
Progression Agreement
757 Cabin Door Training Pay
Relief Line Reserve Inversals
248
LETTER XXIV
9. The INS LOA, the LIP/LSP LOA, the Letter of Agreement of May
26, 1996 relating to the TWA Free and Reduced Rate
Transportation Policy, the Amended Letter XI, the Amended
Letter XXVII and the other remaining Letters (not mentioned
by paragraphs 7., 8., and 9. above) to the 1994 Basic
Agreement shall be published with the New Basic Agreement.
Other new letters and Letters of Agreement may also be
published by mutual agreement pursuant to paragraph 10.
below.
10. The parties shall meet within thirty (30) days after
ratification to make final preparations for publication of
the New Basic Agreement.
11. Upon ratification, this Letter of Agreement shall run in
full force and effect concurrently with the New Basic
Agreement.
SO AGREED.
For the Company: For the Association:
/s/ /s/
----------------------------- ----------------------------------
Xxxxx X. Xxxxx, Director Xxxxxxx X. Xxxxx, Chairman
Labor Relations TWA MEC Negotiating Committee
/s/ /s/
----------------------------- ----------------------------------
Xxxxxx X. Xxxxxxxx X. X. Chronic, Chairman
Vice President TWA MEC
Labor Relations
/s/
----------------------------------
J. Xxxxxxxx Xxxxxxx,
President
Dated July 11, 1998
249
[LOGO]
MEMORANDUM
AIR LINE PILOTS ASSOCIATION
TWA PILOTS' MASTER EXECUTIVE COUNCIL
-----------------------------------------------------------------------
DATE: September 1, 1998
TO: ALL TWA PILOTS
FROM: REPRESENTATION DEPARTMENT
SUBJECT: Availability of other Letters of Agreement and Certain MEC
Resolutions
-----------------------------------------------------------------------
There have been occasions in the past when pilots have questioned if all
the "Letters of Agreement" are printed with the Collective Bargaining
Agreement.
With this new Agreement, we have selected the Letters of Agreement which
we believe are relevant and useful for pilots to have available on a day
to day basis. There are, however, several hundred Letters of Agreement
on file at the TWA MEC office dating back to the 1950's. Some have only
limited application or have been superceded by subsequent agreements.
It has been our practice that any and all Letters of Agreement are
available to pilots for review at the offices of the TWA MEC. Also, the
MEC Resolution(s) governing the distribution of stock and/or cash
payments pursuant to Letter XVII is available for review.
You may obtain them by writing and requesting the specific document(s)
you need. Please address your correspondence to:
TWA MEC REPRESENTATION OFFICE
000 XXXXXXXXX XXXXX - XXXXX 0000
XX. XXX, XX 00000-0000
TEL: 000-000-0000
FAX: 000-000-0000
250
TWA PILOTS' COLLECTIVE BARGAINING AGREEMENT INDEX
A Section Page
------- ----
Accident Insurance 24(G) 165
Acute Care Drug Plan 24(A)(8) 160
Accrual, Sick Leave 15(A)(B) 103
ACM, Domestic 3(C) 16
International 3(D) 16
ACM Dress Code 3(E) 17
Active Pay Status, defined 31(A) 175
Activity Conflicts 9(F)(5) 60
Additional flying, defined 31(B) 175
Affiliate, defined 1(H)(4) 11
Agency Shop, Appeals 25(D) 167
Delinquency 25(B) 166
Agreement, Copies 2(E) 12
Basic, defined 31(D) 175
Dates and Duration 30 174
Precedence 29 173
Airborne Integrated Data System (AIDS) LOA V 188
Airport Office 2(T) 15
ALPA Business 2(O) 14
ALPA Flight Pay Loss Make-Up 9(F)(2)(c) 58
ALPA Securities LOA XIII 206
Alternate Month Job Sharing Program 18(G) 116
Ambassador Club 2(S) 15
Annual Manpower Planning Message 19(A)(8) 120
Annual Seniority Realignment Bid 19(D)(1) 122
Appeal to System Board 21(C) 141
Assignment, 19(C) 121
Guarantee 5(A) 25
Reserve officer 19(I) 131
Temporary 19(F) 129
ATR Aircraft XXX XXX 217
Automated Report 9(E)(2)(e) 55
Average Line Value, defined 31(C) 175
Averting vacancies and displacements 19(H) 131
Awarding of Permanent Vacancies 19(D) 122
B
B-727 Flight Engineer LOA XIX 222
Balance Avoidance 9(D)(3) 54
Balancing, 9(D) 52
Class A, B, M 9(D) 52
Green, Yellow, and Red Time 9(H) 61
Involuntary and Voluntary 9(D) 52
Bank, Positive/Negative 10(F) 74
Xxxxx, Prohibited 2(N) 14
Benched Pilots 6(A)(4) 30
Bid Package, 9(B) 46
Monthly Awards 9(C) 48
Bid Run Pilot, defined 31(F) 175
Bids Monthly
Awards 9(C) 48
Bids Permanent 19 120
Age Fifty Bypass Option 19(D)(3)(a) 123
Age Forty-five Bypass Option 19(D)(3)(b) 124
251
Contingent Pilots 19(D)(4) 124
Equipment/Category 19(A) 120
Failure to 19(D)(2)(e) 123
FAX 19(B) 121
Future Effective 19(E) 128
Probationary Pilot 17(C)(2) 110
Requirements 19(D)(2) 122
Return from Leaves, Training or
Temp Assignments 17(A)(10) 109
Status Change 19(A) 120
Time Limits 19(C) 121
Vacancies 19(D) 122
Bid Line Improvement Process, (BLIP) 9(E) 54
Close Hours 9(E)(2)(b) 55
Begin/End of Month 9(E)(2)(h) 55
Flights over Holidays 9(E)(2)(j) 56
Inputting Requests 9(E)(2) 54
MUG restriction 9(E)(2)(k) 56
Reserve Availability 9(E)(3) 56
Bid Run Preparation 9(A) 45
Bi-monthly Grievance
Conference 21(C)(9) 142
Block Seating 1(G) 7
Block to Block, defined 31(G) 175
Board of Director Representation LOA XIII 204
Bypass, Recall 20(C) 135
C
Calendar Month, defined 31(H) 175
Call Out Pay 5(G) 26
Captain, defined 31(I) 176
Familiarization 6(B)(1) 32
Line Initial/Upgrade Training 6(B) 32
Carrier Fragmentation 1(D)(3) 4
Cash Bonus LOA XVII 218
Cash Option LOA XVII 220
Category Award, defined 31(K) 176
Category, defined 31(J) 176
Bidding for Vacancies 19(D) 122
Change when on Sick/UPB/AWP/MIL 4(F)(8) 24
Cause 21(A)(1) 139
Class B Travel 8(E) 43
Classes for Balancing, 9(D) 52
Class "A" 9(D)(1)(a) 52
Class "B" 9(D)(1)(c) 53
Class "M" 9(D)(1)(b) 52
Class 3 Passes 3(I) 17
Class 5 Passes 3(J),(K) 18
Charter Flights 28 172
Charts and Manuals 2(B) 12
Code-Sharing/Block Seat Protection 1(G) 7
Combined Domiciles 10(A) 65
Common Stock Option LOA XVII 219
Commuter Carriers Flying TWA routes 1(G) 7
Commuter Passes LOA XXIII 245
Company Physical,
Examinations 16 105
Medical Leave 18(B) 112
Compensation 4 19
252
Composite Pay 4(A)(1) 19
Composite Pay Tables Appendix
Contact:
for Balancing 9(D)(1) 52
for BLIP notification 9(E)(2)(n) 56
for Reserve Pilots 12(B) 88
for Trip Add System (TAS) 9(F)(2)(b) 57
Contingent Pilots 19(D)(4) 124
Currency of Experience 19(D)(4)(i) 127
Dual Status Coverage LAX 19(D)(4)(g) 126
Dual Status Coverage SFO 19(D)(4)(g) 126
Number of 19(D)(4)(d) 125
Reserve Rules 19(D)(4)(g) 126
Special Characteristics and
Limitations 19(D)(4)(d) 125
Continuing Qualification Training
Pay (CQT) 4(D)(4) 23
Control, defined 1(H)(2) 10
Co-Terminals
Expenses 7(A)(5) 40
List 8(C) 43
Times 8(D) 43
Credited Flight Time 11(A)(7) 78
Crew Calls, International 7(E)(3) 42
Crew Administration Management
System (CAMS) 2(R) 15
Crew Meals 16(B) 106
Flights of Less than 2:00 Hrs LOA X 199
Segments 9(B)(1) 46
Crew Rest Areas 2(G) 13
Crew Seats B-767 11(D)(7) 87
D
Daily Minimum Flight Time Credit 11(B) 80
Day, Training 19(K)(10)(a) 134
Days Off, Reserves 12(D) 91
Duty Free Periods 12(D) 91
Golden Days 12(D)(5) 92
Deadhead, 8(A) 43
Across the Atlantic and Pacific 11(D)(4) 87
Completion of Trip 8(E) 43
Pay and Credit 8(A) 43
Time 8(A) 43
To Domicile 8(E) 43
Home for commuters 8(E) 43
Death in Family (DIF) 15(I) 104
Declining a Bid 19(D)(5) 127
Definitions 31 175
Delayed Departure 9(K)(3) 63
Dental Benefits Plan 24(A) 158
Derogatory Information 2(K) 13
Designator Code 1(B)(1) 1
Direct Electronic Deposit 2(F) 12
Directed Account Plan (DAP) 23(C) 156
Disability, Insurance 24(B) 161
Discharge/Discipline 21(A) 139
Cause 21(A)(1) 139
Hearing 21(A)(3) 139
Holding a Pilot Out of Service 21(A)(6) 140
253
Investigation 21(A) 139
LEC Officer 21(A)(1) 139
Materials Relied Upon by Company 21(A)(4) 139
Precise Charges 21(A)(4) 139
Request for Hearing 21(A)(1) 139
Regional Chief Pilot 21(A)(4) 139
Discrimination 2(J) 13
Displacement, 19(G) 130
Bulletins 19(C)(3) 121
Bulletins not Posted 5(B) 25
Replacement Option (DRO) 19(G)(8) 131
Notice of 19(C) 121
of F/O by Student Captain 9(C)(4)&(9) 50
of Pilots 19(G) 130
Prerogatives 19(G)(3) 131
Preferences 19(G)(2) 130
Distribution of Open Time 9(H) 61
Diurnal, Ground Time Limitations 11(C) 82
Hourly Limitations 11(C)(3) 82
Doctor's Certificate 15(H) 104
Domestic Operations, defined 31(L) 176
Domicile, Combined 10(A)(2) 65
Schedule Committee 10(C)(1)(a) 70
Training Expenses 7(C) 42
Draft, defined 31(M) 176
Premium Pay 5(K)(2) 27
Trip Protection 9(G)(2) 60
Dues Deductions 26 169
Duty,
Aloft defined 31(N) 176
During Rest 11(C)(4) 84
Period Break 11(C) 82
Period International 11(D) 84
Period Limitations 11(C)&(D) 82
Duty Rigs, Domestic 11(B)(2)&(3) 79
International 11(B)(2)&(3) 79
Charters 28(B) 000
X
Xxxxxxxxx 11(B)(3)(d) 81
Employee Assistance Program 16(D) 106
Employment Conditions 1(A)(1) 1
Engineering Watch LOA XV 216
Equalization
Additional Flying 9(F)(4) 60
Defined 31(O) 176
Equipment Ranking 19(D)(2)(d) 123
Equipment
Bidding Restrictions 19(K) 132
Substitution 10(D) 73
Estimated Reserve Count 10(B)(7)(e) 69
Excess Employee Benefit Plan 23(E) 157
Expenses
800 number phone fees 7(E)(3) 42
Moving 13 94
Training in Domicile 7(C) 42
Training Away from Domicile 7(D) 42
Reimbursements 7(E) 42
Extended Charter 28(C) 172
254
Extra Section 5(D) 25
F
FAA Physical Examinations LOA XI 200
Factory Conducted Training 1(B)(2) 1
Failure
to Bid 9(C)(2) 50
to Maintain Current Standing Bid 19(B)(1) 121
to Maintain Qualifications 6(C)(5) 37
to Qualify Initial/Upgrade Training 6(C)(2) 35
to Qualify 6(C) 34
to Qualify, Requalification 6(C)(4) 37
to Qualify, Transition/Differences 6(C)(3) 36
Familiarization, Student Captain 6(B)(1) 32
Family and Medical Leave Act 18(A)(4) 112
FAR 121.438(b) Experience 9(C)(10) 52
Ferry Flights 5(I) 26
File, Personnel 2(K) 13
Fines 2(C) 12
Fixed Daily Rate (FDR), defined 31(Q) 177
First Officer, defined 31(P) 176
Bid Lines Withheld for Training 9(C)(9) 52
Displaced by Student Captain 9(C)(4) 50
Flight Assignments, Reserve 12(C) 90
Flight Engineer, defined 31(R) 177
Flight, Local in Nature 11(B)(3)(d) 81
Flight Pay Loss Allocation 2(O) 14
Flight Time, Credit Minimum 11(B) 79
Duty Time Ratio 11(B)(2) 79
Limitations 11(C) 82
Limits, Monthly ALV 11(A)(5) 78
Limits, FAR 11(C)(5) 84
Flight Time Record/Earnings Statement 2(F)(2) 13
401(k) Plan 23(D) 157
Furlough, Employment
Protection 20 135
Notice 20(B) 135
Insurance 20(H) 138
Pass and Reduced Rate Travel 20(G) 138
Pay 20(D) 137
Personal Leave 18(A)(3) 000
Xxxxxx Xxxxxx Option 20(C)(2) 136
Replacement Option 20(C)(3) 136
Sick Leave Bank 15(L) 104
Strikes or Other Work Stopages 20(C)(1) 135
Withdrawing Retirement Benefits 20(F) 138
Future Effective Bids 19(E) 128
G
Golden Days Off
for Bid Run Pilots 10(C)(1)(f) 71
for Reserve Pilots 12(D)(5) 92
Black-out Periods 12(D)(5) 92
Grievance, Appeals 21(C) 141
Discussion 21(B)(2) 140
Filings 21(C) 141
Group of Pilots 21(B)(1) 140
Hearing 21(A) 139
255
Procedures 21 139
Regional Chief Pilot 21(A)(2) 140
Statement of Facts 21(B)(2) 140
Witnesses 21 139
Guarantee, defined 31(S) 177
Guarantees 4(C) 21
Guarantee Proration Status
Change 4(C)(4) 22
H
Hearing, Initial 21 139
Hostage, Captive, Missing,
Benefits 27 171
Hotel Accommodations, Domestic 7(A) 39
International 7(B) 41
Transportation, To or From 7(A) 39
Hours of Labor 1(A)(1) 1
Hours of Service 11 78
I
IAM's Corporate Governance LOA XIII 205
I.D. 90 Tickets 3(L) 18
Ice Check, MD8/DC9 2(P) 14
Industrial Injury 15(K) 104
Initial Operating Experience (IOE) 6(B) 32
Pay 4(D)(3) 22
Insufficient Bidders 19(D)(3) 123
Insurance, 24 158
Accident Insurance 24(G) 165
Acute Care Drug Plan 24(A)(8) 160
Claim is Denied Procedure 24(H) 165
CRAF Operation LOA I 182
Dental Plan 24(A)(6) 158
Furloughed Pilots 20(H)(1) 138
Furlough Continuance 20(H)(2) 138
Group Medical/Dental Benefit Plan 24(A)(6) 158
Job Sharing Program 18(G)(7) 119
Life Insurance 24(B) 161
Retiree Medical Benefits 24(A)(13) 161
Survivor Continuance 24(C) 162
Instructor Pilots LOA XX 224
International
Expenses 7(B) 41
Operations, defined 31(T) 177
Pairings 10(A)(2) 65
Internment, Benefits 27 171
Inviolate Days 10(C) 71
J
Job Sharing Program 18(G) 116
Awarding 18(G)(3) 117
Bulletins and Updated Revisions 18(G)(7) 119
Jury Duty 5(F) 26
Just Cause 2(W) 15
256
K
L
Last Trip Requirements, Limitations 10(C) 72
Layover, Hotels 7 39
Rest Areas 2(G) 13
Leaves of Absence, 18 111
Cancellation 18(A)(3)(h) 112
Family and Medical Leave Act 18(A)(4) 112
Personal 18(A) 111
Maternity 18(E) 114
Medical 18(B) 112
Military 18(C) 113
Paternity 18(F) 115
Returning from Leave 17(A)(10) 109
Letters of Agreement, Availability of MEMO 250
Life Insurance, Additional 24(E) 163
Line Familiarization 6(B) 32
Line Instructor Pilots (LIP) LOA XXII 236
Line Standard Pilots (LSP) LOA XXII 236
Long Call 12(B)(3)(b) 89
M
Management,
Employees LOA XXII 242
Flying 5(E) 25
Pay Assignments 5(E)(1) 25
Pool Time 5(E)(2) 25
Management/Labor Advisory Task Force LOA XII 201
Managing Director/Crew Resources 10(B)(5) 68
Maternity Leave 18(E) 114
Medical Benefit Plan 24(A) 158
Medical
Certificate Class Required 16(A)(4) 106
Examinations 16(A) 105
Future Aircraft Which Requires
Higher Standards LOA III 186
Leave 18(B) 112
Limitations 18(B)(2) 113
Loss of, Displacement Options 19(A)(3) 120
Required Exam, FAA Reimbursement 16(A)(3) 106
Medicare Supplemental
Insurance 24(D) 163
Merger Partner 1(D)(1) 2
Merger, Pay Increases 4(F)(5) 24
Mile defined 31(U) 177
Mileage 13(A)(2) 94
Military Leave of Absence 18(C) 113
Minimum, Flight Time Credit 11(B)(1) 79
Guarantees 4(C) 21
Pay, Single Duty Period 11(B)(2) 82
Rest - Domestic 11(C) 84
Rest - International 11(D) 25
Miscellaneous Pay Rules 5 25
Mock Bid, defined 31(V) 178
Guarantee 4(F)(6) 24
257
Monthly Flight Time, defined 31(W) 178
Moving Expenses 13 94
Multiple Pass System 9(E)(2)(e) 55
Mutual Flight Trades 9(I) 62
N
Narrowbody, defined 31(X) 178
National Mediation Board 1(A)(2) 1
Negligence Liability LOA VIII 197
New Equipment into Operation 4(F)(4) 24
No Flying for Entire Bid Period 4(F)(6) 24
Non-Bid Run Pilots 9(F)(1)(b) 57
Non-Revenue Flying 1(B)(1) 1
Non-Seniority List Instructors LOA XXII 242
Notification
of Displacement 19(C) 121
of Training Assignment 6(A)(2) 28
of Furlough 20(B) 135
of Recall 20(C) 135
O
Offering a Trip (OFR) 9(J) 62
Offering a Trip, defined 31(Y) 178
Okaying Flight Assignments 9(E)(2)(n) 56
On-Duty
Limitations 11(C) 82
One-for-4 11(B)(3)(b) 81
One-for-3:45 11(B)(3)(b) 81
One-for-3:30 11(B)(3)(b) 81
One-for-2 11(B)(2)(d) 80
One-for-1:45 11(B)(2)(d) 80
Open Time, Reserve Assignments 12(C) 90
Classifications,
defined 9(D) 52
Green, Yellow, Red Time 9(H) 61
Operation Preferences 10(A)(2) 65
Option Time 9(K)(5) 63
Options, Bid Cancellation 19(E)(3) 128
Outside Aviation Employement 11(A)(1) 78
P
Pairing Restoration 10(E) 74
Parent, defined 1(H)(3) 10
Passes for Medical and
Surviving Spouse 3(A) 16
Parking
Allowance 2(H) 13
Areas 2(H) 13
Paternity Leave 18(F) 115
Pay, General 4 19
Bi-monthly Advances 2(F)(2) 12
Assignments 5(E) 25
Paychecks 2(F) 12
in Case of Merger 4(F)(5) 24
Positive/Negative Bank Transactions 10(F) 74
258
Percentile Bids 19(D)(2)(b) 122
Permanent Transfer, defined 31(Z) 178
Permanent Vacancies, 19(D) 122
Filling of 19(C) 121
Posting of 19(C) 121
Prerogatives when Displaced 19(G) 130
Personal Business, Time
Off (UPB) 2(V) 15
Personal Default Bid 9(B)(3) 47
Personal Leave of Absence 18(A) 111
Personnel File Examination 2(K) 13
Physical Standards 16 105
Pilot Alternate Month Job Sharing
Program 18(G) 116
Pilot, defined 31(AA) 178
Pilot Records Improvement Act 2(K) 13
Pilot Training Board ALPA/TWA 6(D) 37
Pilot Transfer Rights in Asset Sales 1(D)(2) 3
Physical, Company 16(A) 105
Pool Time 5(E)(2) 25
Positive/Negative Bank 10(F) 74
Pre-Scheduled Activities 9(B)(10) 48
Preferential Bidding System 9 45
Line Construction Parameters 10(B)(1)(d) 67
Monitoring Bid Award 10(B)(6) 68
Permanent Implementation LOA XXIV 248
Program Upgrades 10(B)(1)(d) 67
Software Improvements 10(B)(1)(d) 67
System Hardware 10(B)(1)(d) 67
Templates 10(B)(1)(d) 67
Pregnancy 18(E) 114
Premium Pay 5(K) 26
Preparation of Bid Runs 9(A) 45
Professional Standards Committee LOA VII 195
Proficiency Check 6(A)(3)(h) 30
Proration of Guarantee 4(C) 21
Q
Qualify, Failure to 6(C) 34
R
Railway Labor Act 1(A) 1
Railway Labor Act Rights 2 12
Re-protected 10(A)(2)(g) 66
Recall Bypass Option 20(C)(2) 136
Recognition and Scope 1 1
Regional Jets 1(G) 7
Reporting Pay 5(G) 26
Representation Department 21(B) 140
Resignation 2(W) 15
Requalification Training 6(C)(4) 37
Rescheduled, defined 31(BB) 178
Reserve, Assignments 12(C) 90
Blocks of Reserve Day Availability 12(A) 88
Bid Requirements 10(B)(9) 70
Combined Operations 10(A)(2) 65
Contact, Telephone 12(B) 88
259
Duty Free Periods 12(D) 91
First In, First Out 12(C)(1)(b) 90
Golden Days Off 12(D)(5) 92
Guarantee Option (RGO) 12(E) 93
Long Call 12(B)(3)(b) 89
Rest requirements 11(C)(3) 82
Rest after call-out 12(F)(1) 93
Short Call 12(B)(3)(a) 88
Trading of Reserve Days Off 12(D)(3) 92
Reserve Officer, defined 31(CC) 178
Assignments 19(I) 131
Reserve Removed from Flight, by RRO 12(C)(3) 91
Reserve Replacement Option (RRO) 9(D)(2)(d) 53
Reserve Schedule, defined 31(DD) 178
Rest, After Training 6(A)(3)(c)(ii) 29
Reserve Rest 12(F)(1) 93
Rest Areas 2(G) 13
Restrictions on Bidding 19(K) 133
Retiree Insurance 24(A)(13) 161
Retirement Plan (A Plan) 23(A) 148
Return to Duty after Bid Awards 9(E)(2)(c) 55
Revenue Flying 1(B)(1) 1
Rolling Twelve Months 9(K)(6) 64
Roster of Earnings 2(I) 13
S
Satellite Scheduling 10(G) 75
Schedule Change and/or
Substitution of Flight 9(C)(6) 50
Schedule Committee 10(B) 66
Schedule over Actual Pay 11(B)(1)(a) 79
Scheduled for Duty Aloft, defined 31(EE) 178
Scheduling of Pilots 10 65
Scheduling Policies 9 45
Scope 1(B) 1
Seniority 17 108
Accrual 17(A) 108
Seniority Adjustment (3%) 19(D)(1)(b) 122
Service Charges, Collective
Bargaining 26 169
Services Performed 5(A) 25
Shared Code-Sharing Jet Aircraft 1(G)(10) 10
Short Call 12(B)(3)(a) 88
Sick Leave, Accrual 15(C) 103
Death in Family (DIF) 15(I) 104
Limitations 15(B) 103
Make-Up 15(J) 104
Pay, FDR 15(F) 103
Pay, Trips Missed 15(E) 103
Simulator Instructors LOA XX 224
Simulator Proficiency Checks 6(A)(3)(d) 29
Single Duty Period Minimum 11(B)(2) 79
Single Trip Assignment 19(F)(4) 130
Small Widebody, defined 31(FF) 178
Special Interest Flights 28(C) 172
Standing Bids 19(B)(1) 121
Cancellation of 19(A)(7) 120
State Income Taxes 2(U) 15
Status Change, Voluntary 5(C) 25
260
Status, defined 31(GG) 178
Student Captain Line Familiarization 6(B)(1)(a) 32
Student Captain/First Officer Pay 4(D)(2) 22
Substitution of Flights 9(C)(6) 51
Sufficiently Qualified, defined 19(I)(1)(c) 132
Supplemental Bid Runs 9(C)(8) 51
Supplemental Life Insurance 24(E) 163
Surface Transportation,
Deadheading 8(B) 43
Survivors Insurance 24(C) 162
System Board of Adjustment 22 143
Appointments 22(F) 144
Decisions 22(M) 146
Free Positive Space Transportation 22(Q) 147
3-Member Board 22(C)(3) 143
4-Member Board 22(C)(2) 143
5-Member Board 22(C)(1) 143
Jurisdiction 22(G) 145
Members 22(D) 144
Time Limits 22(J) 146
System Default Bid 9(B)(1)(q) 46
System Schedule Committee 10(B) 66
System Seniority List 17(B) 109
Protests 17(B)(2)&(3) 109
T
Target, defined 31(HH) 179
Target/High Bid Run Exception 10(B)(7)(b) 69
Temporary Assignment Guarantee 5(A) 25
Temporary Duty Expenses 7(A)(4) 40
Temporary Vacancies 19(F) 129
Thirty in Seven (30 in 7) 11(C)(5) 84
Time to Bid 9(B) 46
Trades, Mutual 9(I) 62
Trading of Flights 9(I) 62
Trading of Reserve Days Off 12(D)(6) 93
Training Board, Pilot
ALPA/TWA 6(D) 37
Training Expenses, In Domicile 7(C) 42
Out of Domicile 7(D) 42
Training, and Qualifications 6 28
Advanced Qualification Program (AQP) 6(A)(10) 32
Benched (WPT) 6(A)(4) 30
Checking 6(A)(1) 28
Class B Passes 3(F) 17
Continuing Qualifications 6(A)(3)(b) 29
Daily Training/Scheduling (Rest) 6(A)(3) 29
Declining 6(A)(2)(b) 28
Domicile 6(A)(2)(f) 28
Failure to Complete Course of 6(C) 34
Fair and Adequate Opportunity 6(C)(1)(a) 34
XXXXXX 6(A)(9) 32
Initial/Upgrade 6(B) 32
Interruption 6(A)(5) 31
Passes 3(F) 17
Pay 4(D) 22
Progress Line Check 6(B)(1)(b) 33
Records 2(R) 15
Regulatory Qualifications 6(A)(1)(c) 28
261
Regulatory Requirements 6(A)(1)(c) 28
Requalification/Failure 6(C)(4) 37
Seniority Order 6(A)(1)(b) 28
Standards Evaluation Form 6(A)(3)(g) 30
Supplemental Instrument Procedures 6(A)(9) 32
Withdrawal from Training 6(A)(6) 31
Withholding F/O Line for Training 9(C)(9) 52
Transfer Rights in Asset Sales 1(D)(2) 3
Transportation, 3 16
Surface Deadhead 8(B) 43
Travel Time, Pay 5(L) 27
Triggering Event 1(D)(3)(a) 4
Trip Add System (TAS) 9(F)(2) 57
Trip and Training Expenses 7 39
Trip Hour Credit 11(B) 79
Trip Okay 9(E)(2)(n) 56
TWA-ALPA ESOP Trust LOA XIII 204
U
Uniform Changes 2(D) 12
Uniform Services Employment and
Re-Employment Rights Act 18(C) 113
Urgent Personal Business (UPB) 2(V) 15
V
Vacancies and Displacements, 19 120
Bulletins 19(C) 121
Vacated Trips 9(E)(3) 56
Vacations, 14 96
Awarding of by Category 14(D) 99
Bids 14(F) 101
Deferred 14(E)(5)(b) 100
Deferred, Premium Pay 5(K) 27
Entitlement 14(B) 96
Movement of Primary/Secondary Awards 14(E) 100
Pass Policy LOA XXIII 245
Pay 4(E) 23
Split Vacation Period 14(E)(5)(c) 101
Vacation Additional Flying 9(F) 57
Vacation Buy-Back 14(I) 102
Voicemail 9(B)(2) 47
Voluntary Balance 9(C)(1)(c) 53
Voluntary Change of Status 5(C) 25
Voluntary Dues and Service Charge Ded. 26 169
Volunteer Fly List 9(F)(3) 59
W
Wages 1(A)(1) 1
Weekend Drills, Military 18(C)(3) 113
Weekly Flight Time Limitations 11(C)(5) 84
Written Orders to Pilots 2(L) 14
XYZ
262
COMPOSITE PAY HOURLY RATES
EFFEC-
TIVE
STATUS DATE YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 YEAR 11 YEAR 12 YEAR 13 YEAR 14 YEAR 15
====================================================================================================================================
CAP 9/1/98 SWB 94.80 95.62 106.56 107.48 108.59 109.84 110.75 111.14 112.42 112.70 112.97 114.71 115.64 116.58
NB 88.41 89.23 99.55 100.49 101.57 102.81 103.73 104.49 105.47 105.79 106.11 107.84 108.78 109.73
3/2/99 SWB 97.59 98.43 109.69 110.65 111.78 113.08 114.01 114.41 115.73 116.01 116.30 118.08 119.04 120.01
NB 91.13 91.97 102.61 103.58 104.68 105.96 106.92 107.70 108.71 109.03 109.37 111.15 112.12 113.10
9/1/99 SWB 101.90 102.78 114.54 115.53 116.72 118.07 119.05 119.47 120.84 121.14 121.43 123.30 124.30 125.31
NB 94.68 95.55 106.61 107.62 108.77 110.10 111.09 111.90 112.95 113.29 113.63 115.48 116.49 117.51
9/1/00 SWB 110.29 111.24 123.97 125.05 126.33 127.79 128.85 129.31 130.79 131.11 131.43 133.45 134.53 135.63
NB 100.77 101.69 113.46 114.53 115.75 117.17 118.22 119.09 120.21 120.56 120.94 122.90 123.97 125.06
9/1/01 SWB 120.67 121.71 135.63 136.81 138.22 139.82 140.98 141.47 143.09 143.45 143.80 146.01 147.19 148.39
NB 108.79 109.79 122.50 123.66 124.97 126.50 127.64 128.57 129.78 130.17 130.57 132.69 133.85 135.02
8/1/02 SWB 132.90 134.04 149.38 150.68 152.23 153.99 155.26 155.81 157.60 157.99 158.37 160.81 162.11 163.43
NB 117.07 118.15 131.82 133.07 134.49 136.13 137.36 138.36 139.66 140.08 140.51 142.79 144.04 145.30
SWB = Small Widebody
NB = Narrowbody
263
COMPOSITE PAY HOURLY RATES
EFFEC-
TIVE
STATUS DATE YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 YEAR 11 YEAR 12 YEAR 13 YEAR 14 YEAR 15
====================================================================================================================================
F/O 9/1/98 SWB 47.40 57.37 65.00 66.64 68.41 70.30 71.99 73.91 75.32 76.07 76.82 78.23 78.98 79.74
NB 44.21 53.54 60.73 62.30 63.99 65.80 67.42 69.49 70.66 71.41 72.15 73.55 74.30 75.06
3/2/99 SWB 48.80 59.06 66.91 68.60 70.42 72.37 74.11 76.08 77.54 78.31 79.08 80.53 81.30 82.09
NB 45.57 55.18 62.59 64.22 65.95 67.81 69.50 71.62 72.84 73.60 74.37 75.80 76.58 77.36
9/1/99 SWB 50.95 61.67 69.87 71.63 73.53 75.56 77.38 79.45 80.96 81.77 82.57 84.09 84.90 85.71
NB 47.34 57.33 65.03 66.72 68.53 70.46 72.21 74.41 75.68 76.47 77.27 78.76 79.56 80.38
9/1/00 SWB 55.15 66.74 75.62 77.53 79.59 81.79 83.75 85.99 87.63 88.50 89.37 91.01 91.88 92.77
NB 50.39 61.01 69.21 71.01 72.92 74.99 76.84 79.19 80.54 81.38 82.24 83.82 84.67 85.54
9/1/01 SWB 60.34 73.03 82.73 84.82 87.08 89.48 91.64 94.08 95.87 96.83 97.78 99.58 100.53 101.50
NB 54.40 65.87 74.73 76.67 78.73 80.96 82.97 85.50 86.95 87.86 88.79 90.49 91.42 92.35
8/1/02 SWB 66.45 80.42 91.12 93.42 95.90 98.55 100.92 103.61 105.59 106.64 107.69 109.67 110.72 111.79
NB 58.54 70.89 80.41 82.50 84.73 87.12 89.28 92.01 93.57 94.55 95.55 97.38 98.38 99.39
SWB = Small Widebody
NB = Narrowbody
264
COMPOSITE PAY HOURLY RATES
EFFEC-
TIVE
STATUS DATE YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 YEAR 11 YEAR 12 YEAR 13 YEAR 14 YEAR 15
====================================================================================================================================
F/E 9/1/98 NB 44.21 53.54 59.73 60.29 60.94 61.69 62.24 62.69 63.28 63.47 63.67 64.70 65.27 65.84
3/2/99 NB 45.57 55.18 61.57 62.15 62.81 63.58 64.15 64.62 65.23 65.42 65.62 66.69 67.27 67.86
9/1/99 NB 47.34 57.33 63.97 64.57 65.26 66.06 66.65 67.14 67.77 67.97 68.18 69.29 69.89 70.51
9/1/00 NB 50.39 61.01 68.08 68.72 69.45 70.30 70.93 71.45 72.13 72.34 72.56 73.74 74.38 75.04
9/1/01 NB 54.40 65.87 73.50 74.20 74.98 75.90 76.58 77.14 77.87 78.10 78.34 79.61 80.31 81.01
8/1/02 NB 58.54 70.89 79.09 79.84 80.69 81.68 82.42 83.02 83.80 84.05 84.31 85.67 86.42 87.18
NB = Narrowbody
265
