Post on 15-Jun-2018
transcript
2017 TENTATIVE AGREEMENT
Fellow Teamsters,
Attached to this email is the tentative agreement between your Union and NetJets. This proposed contract
is the result of many long years of hard work and dedication by rank and file members, negotiating committee
members and union leaders.
When you review the tentative agreement, you will notice that new contract language is in “bold” text.
Current contract language is in “plain” text. Compare the tentative agreement to the 2007 Agreement to
identify deleted language. The tentative agreement is also located on the Local 284 and International
Brotherhood of Teamsters, Airline Division websites. You can access the document here:
http://teamsterair.org
http://teamsters284.unionactive.com
Please note that current Letters of Agreement (LOA) are referenced in the “status table” of the attached
tentative agreement. New LOAs are also included in the tentative agreement. All of the Letters of Agreement
will be attached to the printed version of the contract after it is signed by the parties.
The Union will hold membership meetings at Local 284 on December 7 and December 8 to review the
proposed contract and answer your questions. Your negotiating committee, Local 284 and Teamsters Airline
Division representatives will be in attendance at the meetings. The December 7 meeting begins at 10:00 AM
and the December 8 begins at 9:00 AM. Local 284’s meeting hall is located at 555 East Rich St., Columbus,
Ohio 43215.
As we will explain in greater detail at the meetings, we are recommending that the membership ratify the
proposed contract. Like any proposed contract, there are provisions in this tentative agreement that we like
very much and there are provisions in the proposed agreement that we wish were better. However, when we
consider the size of the pay increases, including the 20% increases on date of ratification and signing bonuses
that reach as high as $30,000.00, additional pay increases in every year of the contract, excellent health
insurance and retirement benefits of members and their families, the preservation of protections against
furlough when there is subcontracting and other favorable working conditions, among other factors, we believe
ratification of this proposed contract serves the interests of the membership.
We are a democratic union. All members in good standing have a right to vote on the proposed contract.
We urge you to review the tentative agreement carefully and to attend a meeting on December 7 or December
8. Your negotiating committee members are available to answer questions at work. Information regarding voting procedures, dates and times has been sent to your home. A Notice will also
be sent to you by email and posted on the Union bulletin board. It remains an honor to represent our fellow workers at NetJets.
Fraternally, John Wolfe Fred Price Tom Piteo Tom Freeman
Steward Steward Steward Steward
TENTATIVE AGREEMENT
between
NETJTS AVIATION/SALES INC.
and
THE TECHNICIANS AND RELATED
in the service of
NETJETS AVIATION/SALES INC.
as represented by
THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
AIRLINE DIVISION
Effective Date TBD, 2017
TABLE OF CONTENTS
AGREEMENT .............................................................................................................................................. 1 ARTICLE 1 – RECOGNITION ................................................................................................................... 2 ARTICLE 2 – DEFINITIONS .................................................................................................................... 10 ARTICLE 3 - MANAGEMENT RIGHTS ................................................................................................. 11 ARTICLE 4 - UNION SECURITY, CHECK OFF, and D.R.I.V.E. .......................................................... 12 ARTICLE 5 – RESERVED ........................................................................................................................ 15 ARTICLE 6 - STRIKES and PICKET LINES ........................................................................................... 16 ARTICLE 7 – UNION REPRESENTATION ............................................................................................ 17 ARTICLE 8 - GRIEVANCE PROCEDURE AND SYSTEM BOARD .................................................... 19 ARTICLE 9 - BOARD OF ARBITRATION ............................................................................................. 26 ARTICLE 10 - FILLING OF VACANCIES .............................................................................................. 29 ARTICLE 11 - SEPARABILITY AND SAVINGS CLAUSE ................................................................... 35 ARTICLE 12 - JURY DUTY ..................................................................................................................... 36 ARTICLE 13 - BEREAVEMENT LEAVE ................................................................................................ 37 ARTICLE 14 - LEAVES OF ABSENCE ................................................................................................... 39 ARTICLE 15 - NON-DISCRIMINATION ................................................................................................ 42 ARTICLE 16 - HOLIDAYS ...................................................................................................................... 43 ARTICLE 17 - INSURANCE AND OTHER BENEFITS ......................................................................... 45 ARTICLE 18 - 401(K) RETIREMENT PLAN .......................................................................................... 49 ARTICLE 19 - SAFETY AND HEALTH .................................................................................................. 50 ARTICLE 20 - TRAINING ........................................................................................................................ 51 ARTICLE 21 – RESERVED ...................................................................................................................... 55 ARTICLE 22 - JOB CLASSIFICATIONS ................................................................................................. 56 ARTICLE 23 - MOVING EXPENSES ...................................................................................................... 60 ARTICLE 24 - GENERAL ......................................................................................................................... 62 ARTICLE 25 - SICK LEAVE .................................................................................................................... 65 ARTICLE 26 - FURLOUGH AND RECALL ........................................................................................... 68 ARTICLE 27 - SHIFTS AND DAYS OFF ................................................................................................ 71 ARTICLE 28 - OVERTIME ....................................................................................................................... 75 ARTICLE 29 - FIELD SERVICE .............................................................................................................. 79 ARTICLE 30 - VACATIONS .................................................................................................................... 84 ARTICLE 31 - SENIORITY ...................................................................................................................... 91 ARTICLE 32 – HOURS OF SERVICE ..................................................................................................... 93 ARTICLE 33 - WAGES ............................................................................................................................. 97 ARTICLE 34 - PRISONER OR HOSTAGE ............................................................................................ 101 ARTICLE 35 - TUITION ASSISTANCE POLICY ................................................................................. 102 ARTICLE 36 - DURATION..................................................................................................................... 104 LETTERS OF AGREEMENT STATUS TABLE .................................................................................... 107 LETTER OF AGREEMENT XX-XXX (Implementation) ...................................................................... 108 LETTER OF AGREEMENT XX-XXX (Signing Bonus) ........................................................................ 113 LETTER OF AGREEMENT XX-XXX (Personal Day) .......................................................................... 115 LETTER OF AGREEMENT XX-XXX (Longevity Pay Protection) ....................................................... 116 LETTER OF AGREEMENT XX-XXX (MCC Pay Protection) .............................................................. 117 LETTER OF AGREEMENT XX-XXX (13 Hour Shift) .......................................................................... 118 LETTER OF AGREEMENT XX-XXX (MCC Support) ......................................................................... 120
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AGREEMENT
This Collective Bargaining Agreement (“Agreement”) is entered into by and between NetJets
Aviation, Inc. and NetJets Sales, Inc. (hereinafter, “the Company” or NJA/NJS”) and the International
Brotherhood of Teamsters, Airline Division (hereinafter, “Union”), as representative of the mechanics
and related employees and stock clerks pursuant to the terms of the Railway Labor Act, as amended,
(hereinafter, “the Act”). This Agreement is in the mutual interests of the Company and its employees to
promote the safety and continuity of air transportation, to further the efficiency and economy of
operations, and to provide for orderly collective bargaining relations pertaining to rates of pay, rules or
working conditions, between the Company and its employees.
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ARTICLE 1 – RECOGNITION
1.1 The Company hereby recognizes the Union as the duly designated representative of the
Mechanics and Related Employees and Stock Clerks crafts or classes for the purpose of the Act. The
Union and the Company agree that wages, rules and working conditions for the employees classified
herein shall be subject to the terms of this Agreement.
1.2 This Agreement shall supersede all previous agreements by and between the Company and the
Union or individual(s) with respect to the employees identified in Section 1.3 and shall constitute the sole
agreement between the Company and the Union. Any and all agreements made by the parties shall be
reduced to writing and signed by authorized representatives.
1.3 General
1.3(A) Except as otherwise provided in this Agreement or associated Letters of Agreement, all
present and future work of the type or kind customarily performed by NJA/NJS employees in the
Mechanics and Related Employees and Stock Clerks classes or crafts, including all employees in the
aircraft technicians, avionics technicians and leads, inspectors/QC, aircraft painters, supply/stock
clerks and leads, aircraft fuelers and leads, aircraft cleaners and leads, and maintenance controllers
and leads classifications as described in Article 22 (hereinafter “Covered Employees”), and all
such work that is performed for or on behalf of NJA/NJS, or pursuant to any agreement or
arrangement in which NJA/NJS holds a majority interest, shall be performed by employees working
in classifications described in Article 22 of this Agreement and subject to its terms.
1.3(B) Maintenance
(1) Base Maintenance
Except as otherwise provided in this Article, or associated Letters of Agreement, all present and
future Base Maintenance on NJA Aircraft shall be performed by employees under the terms of this
Agreement.
(2) Line Maintenance
(a) Except as otherwise provided in this Article, or associated Letters of Agreement, all Line
Maintenance on NJA Aircraft at Company owned, leased or controlled Base Maintenance
Facilities will be performed by Technical and Non-Technical employees on the NetJets Sales,
Inc./NetJets Aviation, Inc. Seniority Lists.
(b) Line Maintenance performed on NJA Aircraft at facilities (e.g., TEB) other than Base
Maintenance Facilities shall be performed by Technical and Non-Technical employees on the
NetJets Sales, Inc./NetJets Aviation, Inc. Seniority Lists only where such work is subject to
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the Scope provision of this Agreement by virtue of associated Letters of Agreement, as may
be amended from time to time.
(3) Field Service
Except as otherwise provided in this Article, and associated Letters of Agreement, all present and
future Field Service Maintenance performed by or on behalf of NJA/NJS is within the scope of
this Agreement.
1.3(C) Third-Party Maintenance Resources
Notwithstanding paragraphs 1.3(B)(1 & 2), and subject to associated Letters of Agreement, NJA/NJS
may contract out any maintenance work when the NJA/NJS Base Maintenance Facility or Line
Maintenance Facility and/or equipment are not sufficient, qualified personnel are not available, or
when employees available do not have the experience and ability to perform the work required, and
provided further, NJA/NJS may have the manufacturer, an approved vendor, or a third-party
contractor perform warranty or GMP work, repair or replacement on aircraft, equipment, parts or
assemblies.
1.3(D) Affiliates
This Agreement does not cover maintenance work (base, line, field or otherwise) performed on
aircraft operated or managed by Affiliates of the Company, unless such aircraft are NJA Aircraft as
defined in this Agreement.
1.3(E) New or Acquired Maintenance Facilities
(1) The provisions of Article 1.6 shall apply, if the Company either directly or through an
affiliate acquires ownership or a controlling interest in an air carrier, or acquires ownership or a
controlling interest in any new Domestic Base Maintenance Facility where Base Maintenance is
to be performed on a regular basis on NJA Aircraft, or acquires ownership or a controlling
interest in a Line Maintenance Facility covered by this Agreement or associated Letter of
Agreement.
(2) If the Company, directly or through an Affiliate, establishes any new domestic Base
Maintenance Facility, Line Maintenance Facility, or Domicile, it shall provide notice to the Union
within one hundred eighty (180) days of the Facility becoming operational.
(3) Technical and Non-Technical employees on the NetJets Sales, Inc./NetJets Aviation, Inc.
Seniority Lists, will have a preferential opportunity to bid on the basis of group seniority for
assignment to such base/station, when the maintenance work on NJA Aircraft is subject to the
scope of the Basic Agreement.
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1.4 NJA/NJS will not furlough Employees actively employed in the bargaining unit as a result of
subcontracting work of the kind or type the Employees customarily perform.
1.5 Notwithstanding any other provision in the Agreement to the contrary, NJA/NJS agrees that it
will not transfer Employees to other positions or classifications, or otherwise, downgrade or reduce
Employees’ pay, benefits or working conditions as a result of subcontracting and/or the assignment of
work to Affiliates or other companies.
1.6 Successorship
1.6(A) Successor Transactions
1.6(A)(1) The Agreement shall be binding upon the parties hereto and their successors and
assigns. Any transaction that involves a transfer (in a single transaction or in a series of related
multi-step transactions) to a Successor of ownership or control of the Company and/or
substantially all of its assets shall be a “Successor Transaction” and subject to this Agreement.
1.6(A)(2) No contract or other legally binding commitment involving the transfer of ownership
or control pursuant to a Successor Transaction will be signed or otherwise entered into unless it is
agreed, as a material and irrevocable condition of entering into, concluding and implementing
such transaction that the Successor shall assume the employment of Covered Employees on the
Net Jet Sales, Inc./NetJets Aviation, Inc. Seniority Lists in accordance with the status quo
consisting of the applicable rates of pay, rules and working conditions set forth in this Agreement
(including its merger protections).
1.6(A)(3) The Company shall give written notice of the existence of this Agreement, and a
copy of this Agreement to any proposed Successor before the Company and the proposed
Successor enter into any arrangement or agreement in principle with respect to a potential
Successor Transaction. A copy of the notice submitted to the proposed Successor shall be
provided to the Union under standard confidentiality agreements at the Company’s request when
permitted by applicable law, regulations and any confidentiality agreements, the latter of which
will not extend beyond the negotiation of the written definitive agreement.
1.6(B) Covered Employee Protections In the Event of a Successorship Transaction
Unless otherwise agreed, the following provisions shall apply in the event of a Successor Transaction
that may affect the employment and/or seniority rights of Covered Employees on the Net Jet Sales,
Inc./NetJets Aviation, Inc. Seniority Lists. These provisions shall apply if the Company is acquired
by another air carrier, and shall bind the Successor or surviving air carrier regardless of the form of
the transaction.
1.6(B)(1) The integration of the seniority lists of the respective Covered Employees shall be
governed by the McCaskill-Bond Statute, as applicable, and Sections 3 and 13 of the
Allegheny-Mohawk Labor Protective Provisions (“LPPs”). The parties shall promptly initiate the
seniority integration procedures of Sections 3 and 13 following announcement of an operational
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merger affecting the seniority of the Covered Employees groups. The Company or other
Successor, as appropriate, shall accept the integrated seniority list. There will be no system flush
or removal of Covered Employees from their positions as a result of seniority list integration.
1.6(B)(2) Prior to integration of seniority lists in accordance with paragraph 1.6(B)(1) above, the
parties shall negotiate a mutually agreeable fence agreement. The fences shall remain in effect
until seniority lists and CBAs are merged. Until the fences are removed, all aircraft (including
orders and options to purchase aircraft) and the operations of each pre-transaction carrier shall
remain separated. If the fence agreement cannot be reached within sixty (60) days of a request by
either party to begin negotiations, all unresolved issues shall be submitted to interest arbitration.
The arbitrator’s resolution of the disputed issues shall be on an issue-by-issue basis, rather than a
“total package” basis, and shall be binding on the parties with respect to the particular dispute, but
shall have no precedential or binding effect on other or future disputes arising under this
subparagraph.
1.6(B)(3) Unless and until an operational merger is finally effectuated, the Union will continue to
be recognized as the representative of the pre-merger Covered Employee groups to the extent
provided by law. In the event of an operational merger, the representative of the post-merger
craft or class will be established pursuant to Section 2, Ninth of the Railway Labor Act, as
amended.
1.6(B)(4) Prior to an operational merger, the surviving air carrier and the representative of the
consolidated, post-merger Covered Employee groups will negotiate modifications to the
collective bargaining agreement necessary to permit the integration. If a modified agreement is
not executed within nine (9) months from the date a final and binding integrated Covered
Employee group Seniority Lists are issued, the parties shall submit outstanding issues to binding
interest arbitration. The arbitrator’s resolution of the disputed issues shall be on an issue-by-issue
basis, rather than a “total package” basis, and shall be binding on the parties with respect to the
particular dispute, but shall have no precedential or binding effect on other or future disputes
arising under this subparagraph. Until such time as a fully merged agreement is reached, either
through bargaining or arbitration, the surviving air carrier may continue to operate the two
carriers separately.
1.6(B)(5) The Company will not furlough or involuntarily displace any Covered Employees on
the Net Jet Sales, Inc./NetJets Aviation, Inc. Seniority Lists in anticipation of a Successorship
Transaction in order to deprive them of the protection provided by this Article.
1.6(B)(6) Pending the operational merger of the pre-transaction carriers and the Covered
Employees collective bargaining agreements and seniority lists, no Covered Employees on the
Net Jet Sales, Inc./NetJets Aviation, Inc. Seniority Lists shall be furloughed or reduced in status
as a result of the transaction. Covered Employees who are furloughed shall be entitled to the
greater of furlough pay computed in accordance with the amalgamated agreement, or furlough
pay computed under Section 26.10 of this Agreement.
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1.6(C) Covered Employee Protections in the Event of an Acquisition of an Air Carrier by the
Company or an Affiliate
Unless otherwise agreed, the following provisions shall apply in the event that the Company or its
affiliates acquire another air carrier, and the transaction may affect the employment and/or seniority
rights of Covered Employees on the Net Jet Sales, Inc./NetJets Aviation, Inc. Seniority Lists.
1.6(C)(1) If Covered Employees of the acquired carrier are hired by the Company, the seniority
lists of the respective Covered Employee groups shall be governed by the McCaskill-Bond
Statute, as applicable, and Sections 3 and 13 of the Allegheny-Mohawk Labor Protective
Provisions (“LPPs”). The parties shall promptly initiate the seniority integration procedures of
Sections 3 and 13 following announcement of an operational merger affecting the seniority of the
Covered Employee groups. The Company or other Successor, as appropriate, shall accept the
integrated seniority list. There will be no system flush or removal of Covered Employees from
their positions as a result of seniority list integration.
1.6(C)(2) Prior to integration of seniority lists in accordance with paragraph 1.6(C)(1) above, the
parties shall negotiate a mutually agreeable fence agreement. The fences shall remain in effect
for the period of time the acquired carrier continues as a separate transportation system. Until the
fences are removed, all aircraft (including orders and options to purchase aircraft) and the
operations of each pre-transaction carrier shall remain separated. If the fence agreement cannot
be reached within sixty (60) days of a request by either party to begin negotiations, all unresolved
issues shall be submitted to interest arbitration. The arbitrator’s resolution of the disputed issues
shall be on an issue-by-issue basis, rather than a “total package” basis, and shall be binding on the
parties with respect to the particular dispute, but shall have no precedential or binding effect on
other or future disputes arising under this subparagraph.
1.6(C)(3) Unless and until an operational merger is finally effectuated, the Union will continue
to be recognized as the representative of the pre-merger Technical or Non-Technical employees
to the extent provided by law. In the event of an operational merger, the representative of the
post-merger Covered Employees will be established pursuant to Section 2, Ninth of the Railway
Labor Act, as amended.
1.6(C)(4) If Covered Employees of the acquired carrier are hired by the Company, the
Agreement shall be modified in those respects necessary to permit the integration through
negotiations between the surviving air carrier and the representative of the consolidated, post-
merger Covered Employee groups. If a modified agreement is not executed within nine (9)
months from the date a final and binding integrated Covered Employee Seniority Lists are
issued, the parties shall submit outstanding issues to binding interest arbitration. The arbitrator’s
resolution of the disputed issues shall be on an issue-by-issue basis, rather than a “total package”
basis, and shall be binding on the parties with respect to the particular dispute, but shall have no
precedential or binding effect on other or future disputes arising under this subparagraph. Until
such time as a fully merged agreement is reached, either through bargaining or arbitration, the
surviving air carrier may continue to operate the two carriers separately.
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1.6(C)(5) The Company will not furlough or involuntarily displace any Covered Employees on
the Net Jet Sales, Inc./NetJets Aviation, Inc. Seniority Lists in anticipation of a Successorship
Transaction in order to deprive them of the protection provided by this Section.
1.6(C)(6) Pending the operational merger of the pre-transaction carriers and seniority lists, no
Covered Employees on the Net Jet Sales, Inc./NetJets Aviation, Inc. Seniority Lists shall be
furloughed or reduced in status as a result of the transaction.
1.6(C)(7) The Company may operate the acquired carrier under the parties’ fence agreement for
a reasonable period following acquisition to enable consolidation of operations.
1.7 Joint Commitment to Fair and Expeditious Conflict Resolution
NJA/NJS and the Union recognize that fair and expeditious conflict resolution is essential to efficient
operations, employee morale, and a professional labor-management relationship. In furtherance of their
shared values and interests, the parties hereby agree as follows:
1.7(A) Monthly Meeting of the NJA President and the Union President
The NetJets Aviation President or his designee and the Union President or his designee shall meet on
a monthly basis to discuss a broad range of issues of interest to NetJets Aviation, the Union and
employees covered by this Agreement. It is agreed and understood that this meeting represents an
important forum for problem-solving and problem-avoidance. As a result, the NetJets Aviation
President and the Union President commit to each other and their respective constituencies that they
shall work together in a cooperative manner as part of their ongoing commitment to making NJA the
premier fractional operator in the service of its employees, customers, and shareholders.
1.7(B) Efficiency Improvement Meetings
Recognizing NJA and the Union’s mutual interest in a more efficient and profitable operation, the
NetJets Aviation President, or his designee, and Union President, or his designee, shall meet no less
than once per quarter for the purpose of identifying efficiency improvement opportunities to benefit
the operating profits of NJA.
1.8 A Committee consisting of no more than three (3) NJA representatives and three (3) Union
representatives, including the Vice President, Labor Relations or his designee and a Local 284 Business
Agent, will be created to monitor, as required, the implementation of Article 1 of this Agreement. At the
request of the Committee, NJA shall provide the Committee with documents and information reasonably
necessary to determine compliance with the requirements of the Section. Proprietary, sensitive, or
confidential information shall be reviewed by the Committee under standard confidentiality agreements at
NJA’s request.
1.9 A grievance filed by the Union alleging a violation of Article 1 of this Agreement shall bypass the
initial steps of the grievance procedure and shall be submitted and heard on an expedited basis under
Article 9 before the System Board of Adjustment sitting with a neutral arbitrator. The neutral arbitrator
shall be selected from the panel set up pursuant to Section 1.10. The dispute shall be heard no later than
sixty (60) days following the submission to the System Board of Adjustment (subject to the availability of
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the neutral) and decided no later than forty-five (45) days after submission to the Board, unless the parties
agree otherwise in writing.
1.10 Given the unique and complex nature of NJA’s business, the parties agree to establish a panel of
seven (7) arbitrators with aviation-related experience to hear disputes arising under Article 1 of the
Agreement. Said panel will be established within ninety (90) days of the date of ratification of this
Agreement. The Union and NJA will each submit the names of four (4) arbitrators willing to preside on
the panel. The winner of a coin toss will have the choice of striking one (1) of the eight (8) names and the
resulting seven (7) arbitrators will compose the panel. Thereafter, arbitrators for disputes arising under
Article 1 shall be selected by alternately striking names until one (1) remains.
1.11 Situations Beyond Control of the Company
No violation of the unit growth, no- furlough or workforce maintenance provisions of this Agreement or
related Letters of Agreement will take place if the direct and proximate cause of the Company’s non-
compliance is in major part attributable to “factors beyond the Company’s control,” defined exclusively
as: an act of nature, an ongoing labor dispute, involuntary grounding of a substantial number of the
Company’s aircraft, involuntary reduction in flying operations due either to a decrease in available fuel
supply or other critical materials for the Company’s operation, involuntary revocation of the Company’s
operating certificates, war or terrorism emergency, or a substantial delay in delivery of aircraft beyond
scheduled delivery dates not consented to by the Company. In addition, no violation of this Section will
take place in circumstances where the Company made employment offers to a number of qualified
candidates in a sufficient number to meet an provision of this section, but an insufficient number of
candidates accepted the employment offers, or an insufficient number of applications from qualified
applicants were received by the Company to meet its obligations to hire.
1.12 Definitions
1.12(A) Base Maintenance. Maintenance that must be accomplished through Tracks and is
planned and scheduled, including regulatory items and OEM requirements. Base Maintenance is
typically to be completed, assuming no major findings, within a certain predetermined timeframe
measured from the arrival of the aircraft at the Base Maintenance Facility.
1.12(B) Line Maintenance. Any maintenance resulting from unforeseen events, other
unscheduled maintenance, or maintenance that does not require the resources of a Base Maintenance
Facility.
1.12(C) Affiliate. Any entity that the Company or its parent, NetJets Inc., controls or any entity
controlled by an Affiliate.
1.12(D) Base Maintenance Facility. A multi-shift facility where all levels of Base Maintenance
are performed regularly through one (1) or more Tracks. Line Maintenance may also be performed at
a Base Maintenance Facility.
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1.12(E) Entity. A natural person, corporation, association, partnership, trust or other form for
conducting business.
1.12(F) Line Maintenance Facility. A facility equipped and staffed to perform Line
Maintenance.
1.12(G) NJA Aircraft. Aircraft operated by NJA pilots actively flying in the service of NJA
under the collective bargaining agreement between NetJets Aviation, Inc., and the pilots in service of
NetJets Aviation, Inc., as represented by NetJets Association of Shared Aircraft Pilots.
1.12(H) Parent. An entity that controls another entity.
1.12(I) Subsidiary. Any entity that is controlled by another entity.
1.12(K) Track. A set of resources, which includes manpower, tooling, facilities, and space, for
the regular performance of all levels of maintenance on a continuous basis. A Track is located within
a Base Maintenance Facility.
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ARTICLE 2 – DEFINITIONS
Hour for hour – Each hour credited towards the employee’s regular workweek, which must be scheduled
and taken off within that pay period.
Day for a day – Each day credited towards the employee’s regular workweek, which the employee schedules
and taken off, with pay, within the next one hundred eighty (180) calendar days. A written request from the
employee must be submitted three (3) days in advance to receive the scheduled day off with pay. Unless
mutually advantageous and work schedule permitting, no more than one (1) employee for each five (5) on a
shift, in each seniority group, will be permitted to use a “day for a day” on the same day. (i.e.: 1-5=1; 6-
10=2, etc.)
Existing Rate – Employee’s current wage including other pay items as defined in Section 33.
Posted Overtime – Overtime that is offered using the call-in and/or overtime sign-up lists/sheets
referenced in Sections 28.2 and 28.3.
Paid Benefits – Jury duty, sick leave, bereavement, vacation and hour for hour.
Day – A “day” is defined as a calendar day, unless otherwise indicated.
Bid – An offer, by seniority, in which an employee accepts or declines. Once a lesser senior employee
accepts the offer, a senior employee cannot change his/her bid, unless the lesser senior employee(s) agrees to
the change.
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ARTICLE 3 - MANAGEMENT RIGHTS
3.1 The rights of ownership, the management of the Company and direction of the working forces,
including the right to hire and assign employees, the right to discharge for just cause or to otherwise
discipline employees, the right to direct, plan and control operation, and the right to introduce new and
improved methods, equipment or facilities, and to change existing methods, equipment or facilities, and the
right to determine and change the location of the Company’s bases and facilities, and the location of work
within the bases and facilities, the equipment, and the right to establish or change Company rules and in
general to maintain discipline and efficiency, are vested exclusively with the Company, provided that the
rights of management shall not be exercised so as to violate any other provisions of this Agreement.
3.2 All employees covered by this Agreement will be governed by Company rules, regulations and
orders issued by properly designated supervisors, provided such rules, regulations and orders are not in
conflict with this Agreement.
3.3 The Company, when discharging an employee for just cause such as excessive use of alcohol, use of
drugs, stealing, belligerency and similar forms of misconduct, may remove said employee from duty at the
time of discharge; employees discharged for other than just cause shall not be removed from duty until such
time as representatives of the Company and Union have conferred on the employee in question or within ten
(10) days from the date of the notification of said discharge, whichever occurs earliest.
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ARTICLE 4 - UNION SECURITY, CHECK OFF, AND D.R.I.V.E.
4.1 Within sixty (60) days following the beginning of such employment, or the effective date of this
Agreement, whichever is the later, each employee of the Company covered by this Agreement shall
become a member of the Union as a condition of employment. All employees who are members of the
Union in good standing on the effective date of this Agreement shall remain members in good standing as
a condition of continued employment. Provided, that employees to whom membership is not available
upon the same terms and conditions as are generally applicable to any other member or with respect to
employees to whom membership was denied or terminated for any reason other than the failure of the
employee to tender the periodic dues, initiation fees, and assessments (not including fines and penalties)
uniformly required as a condition of acquiring or retaining membership, shall be excluded from the
requirement of this Section.
4.2 Each employee of the Company covered by this Agreement who fails to voluntarily acquire or
maintain membership in the Union shall be required, as a condition of employment, beginning sixty (60)
days after his employment or sixty (60) days after the commencement of his employment, whichever is
later, to pay the Union each month a service charge as a contribution for the administration of the
Agreement and the representation of such employee. The service charge for the first month shall be in an
amount equal to the Union’s regular and usual initiation fees and monthly dues, and for each month
thereafter in an amount equal to the regular and usual monthly dues and periodic assessments (not
including fines and penalties) uniformly required as a condition of acquiring or retaining membership.
4.3 If any employee of the Company covered by this Agreement becomes delinquent in the payment
of this service charge or any Union member becomes delinquent in payment of his initiation fees and/or
dues, and/or periodic assessments, the Union shall notify such employee by certified mail, return receipt
requested, copy to the Company’s Vice President, Labor Relations, that he is delinquent in the payment
of such service charge, initiation fee and/or membership dues and/or periodic assessments as specified
herein and is subject to discharge as an employee of the Company. Such letter shall also notify the
employee that he must remit the required payment within a period of fifteen (15) days or be discharged.
4.4 If, upon the expiration of the fifteen (15) day period, the employee still remains delinquent, the
Union shall certify in writing to the Company’s Vice President, Labor Relations, with a copy to the
employee, that the employee has failed to remit payment within the grace period allowed and is therefore
to be discharged. The Company’s Vice President, Labor Relations shall thereupon take steps to discharge
such employee from the service of the Company.
4.5 A grievance by an employee who is to be discharged as the result of an interpretation or
application of the provisions of this Article shall be subject to the following procedure:
4.5(a) An employee who believes that the provisions of this Article have not been properly
interpreted or applied as it pertains to him, may submit his request for review in writing within five
(5) days from the date of his notification by the Company’s Vice President, Labor Relations as
provided in Section 4.4 above. The request must be submitted to the Company’s Vice President,
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Labor Relations or his designee, who will review the grievance and render his decision in writing no
later than five (5) days following receipt of the grievance.
4.5(b) The Company’s Vice President, Labor Relations or his designee shall forward his decision to
the employee, with a copy to the Union. 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
employee or the Union, then either may appeal the decision within ten (10) days from the date of the
decision directly to a neutral referee who may be agreed upon by the employee and the Union within
ten (10) days thereafter. In the event the parties fail to agree upon a neutral referee within the
specified period, either the employee or the Union may request the National Mediation Board to name
such neutral referee. The decision of the neutral referee shall be final and binding on all parties to the
dispute. The fees of such neutral referee shall be borne equally by the employee and the Union.
4.5(c) During the period a grievance is being handled under the provisions of this Section, and until
final award by the Company’s Vice President, Labor Relations, his designee or the neutral referee,
the employee shall not be discharged from the Company nor lose any seniority rights because of
noncompliance with the terms and provisions of this Section.
4.5(c)(i) An employee discharged by the Company under the provisions of this Paragraph shall be
deemed to have been “discharged for cause” within the meaning of the terms and provisions of
this Agreement.
4.5(c)(ii) It is agreed that the Company shall not be liable for any time or wage claim of any
employee discharged by the Company pursuant to a written order by any authorized Union
representative under the terms of this Paragraph. The Union will indemnify and hold harmless
the Company for any claim by any employee discharged pursuant to a written order by any
authorized Union representative under the terms of this Paragraph.
4.6 Dues Check Off
During the life of this Agreement, the Company agrees to deduct from the pay of each member of the
International Brotherhood of Teamsters, and remit to the designated Union, membership dues uniformly
required as a condition of acquiring or retaining membership and in accordance with the provisions of the
Railway Labor Act, as amended, provided such member of the International Brotherhood of Teamsters
voluntarily executes an authorization form. This form, also to be known as “Check Off Form”, shall be
prepared and furnished by the Union. The payment of service charges, in accordance with Section 4.2
above, may be made by check off upon the voluntary execution of authorization forms by agency fee
payers.
4.7 D.R.I.V.E. Authorization and Deduction
The Company agrees to deduct from the paycheck of all employees who voluntarily submit the
Democrat Republican Independent Voter Education (D.R.I.V.E.) authorization cards and are
covered by this Agreement, voluntary contributions to the (D.R.I.V.E.). D.R.I.V.E. will notify the
Company of the amounts designated by each contributing employee that are to be deducted from his
paycheck on a bi-weekly basis. The Company shall transmit to:
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National D.R.I.V.E.
P. O. BOX 758637
Baltimore, MD 21275
The parties recognize it may take up to two full pay periods or 30 days, whichever is longer, for new
or modified elections to become effective.
The Company will send no less often than on a monthly basis the total amount deducted with the
name of each employee on whose behalf a deduction is made, an employee identification number,
and the amount deducted from each employee’s paycheck. The Union will reimburse the Company
for reasonable fees incurred in connection with the payroll deduction required by this Paragraph.
No deduction shall be made if in violation of State and Federal law. No deduction shall be made
which is prohibited by applicable law. The Union will indemnify and hold the Company harmless
for any penalties or legal fees incurred as a result of an unlawful deduction of dues taken at the
direction of the Union pursuant to this Paragraph.
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ARTICLE 6 - STRIKES AND PICKET LINES
6.1 Protection of Rights
It shall not be a violation of this Agreement notwithstanding any other provisions of this Agreement, and
shall not be cause for discharge or disciplinary action, in the event an employee refuses to enter upon any
property involved in a primary labor dispute, or refuses to go through or work behind any primary picket line
or strike line including the primary picket or strike lines at the Employer’s place of business.
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ARTICLE 7 – UNION REPRESENTATION
7.1 The Company will provide the Union with a bulletin board space at each location where employees
are based for the posting of official notices for Union meetings, elections and other notices pertaining to
internal Union matters. All such notices shall be signed by a duly authorized representative of the Union, and
will not contain anything of a defamatory or personal nature regarding the Company or its
representatives. Notices that do not comply with this provision will be removed.
7.2 The Company agrees to admit, at reasonable times, the officially designated representatives of the
Union to its operations facilities to transact such business as is necessary for the administration of this
contract. However, the Union representative shall notify the Vice President of Repair Station Operations
or his designee, of each such intended visit.
7.3 The Company recognizes the rights of the Union to select Stewards and/or alternate
representatives from the employee’s bargaining unit and the Union shall notify the Vice President,
Labor Relations or his designee of their appointment or removal. The number of employee representatives
shall be limited to those necessary to provide convenient representation for employees.
7.3(A) The authority of Stewards and/or alternate representatives so designated by the Union
shall be limited to, and shall not exceed the following duties and activities:
7.3(A)(1) The investigation and presentation of grievances to designated Company
representatives in accordance with the provisions of the collective bargaining agreement.
7.3(A)(2) The transmission of such messages and information, which shall originate with,
and are authorized by the Union or its officers.
7.4 Stewards and/or alternate representatives have no authority to take strike action, or any other
action interrupting the Company’s business, except as authorized by official action of the Union. The
Company recognizes these limitations upon the authority of the Stewards and/or alternate
representatives and shall not hold the Union liable for any unauthorized acts. The Company in so
recognizing such limitation shall have the authority to impose proper discipline including discharge, in
the event the Stewards and/or alternate representatives have taken unauthorized strike action,
engaged in a slow down or work stoppage in violation of this Agreement.
7.5 Stewards and/or alternate representatives shall be permitted, upon notice to management,
reasonable time to investigate, present and process grievances on the Company property without loss
of time or pay during working hours; and where mutually agreed to by the Union and the Company,
off the property or other than during working hours without loss of time or pay.
7.5(A) The Company will release from duty up to two (2) Stewards and/or alternate
representatives for the purpose of attending grievance hearings and one (1) Steward and/or
alternate representative for the purpose of an investigatory or disciplinary meeting.
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7.6 During any month in which the Company and the Union are engaged in collective bargaining
negotiations, the Company agrees to release from conflicting duty up to four (4) members of the Union’s
Negotiating Committee for the purpose of participating in collective bargaining negotiations and for
Union meetings with Union officers, agents or representatives directly associated with collective
bargaining; provided, all meeting dates are mutually agreed to. All time spent in negotiations shall be
considered time worked. The Company shall be responsible for paying or reimbursing travel expenses
(e.g., air or ground transport, hotel accommodations and per diem) for employees on the Union’s
Negotiating Committee.
7.7 The Company will keep the Union advised, through written notice to the Business Representative
and/or Stewards, when any changes to Company personnel policies and procedures are implemented.
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ARTICLE 8 - GRIEVANCE PROCEDURE AND SYSTEM BOARD
8.1 General Statement of Intent
It is the intent of the Union and the Company (the Parties) to resolve complaints and grievances at
the lowest possible level. Should a grievance occur, both Parties shall make an earnest effort to
ascertain the facts and seek a fair and equitable resolution through the procedures outlined in this
Article.
8.2 Discipline and Discharge
8.2(A) In the event the Company finds just cause to discharge or otherwise discipline any employee,
it shall do so by notifying the employee and the Union of such action. The written notification shall
identify the contract provision, rule or policy allegedly violated; a summary of the employee’s alleged
conduct; and the level of discipline imposed by the Company. Nothing herein shall be construed to
prevent the Company from removing an employee from duty prior to sending the disciplinary
notification in accordance with the provisions of sub-paragraph 8.2(F)(1), below.
8.2(B) When disciplining an employee covered by this Agreement, the Company must discipline the
employee within thirty (30) calendar days after the Company had knowledge or reasonably should
have had knowledge of the offense or the reason for the disciplinary action.
8.2(C) In the event an employee or the Union claims that discharge or discipline involving loss
of pay was not for just cause, the employee or the Union may request a discipline review
hearing with the General Manager or his designee and the Vice President, Labor Relations or
his designee within seven (7) calendar days. A discipline review hearing shall be held within
seven (7) calendar days of the request. In the event an employee or the Union claims that
discharge or discipline not involving loss of pay was not for just cause, the employee or the
Union on his behalf may file a grievance in accordance with the provisions of this Article.
8.2(D) Within fourteen (14) calendar days after the close of the disciplinary review hearing
referenced in sub-paragraph 8.2(C), above, the Company shall announce its decision in writing and
shall furnish the employee, and the Union, a copy thereof. A copy will be sent via electronic mail to
the employee and the Union and, if the employee has been discharged or is suspended without pay
at the time of the decision, U.S. mail to the employee’s home address.
8.2(E) If the Company’s written decision is not acceptable to the Union, it may be appealed by
the Union directly to the System Board of Adjustment (SBA) within fourteen (14) calendar days
after the date it is sent by serving written notice to the Vice President, Labor Relations or his
designee.
8.2(F) Administrative Leave Prior to Disciplinary Decision
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8.2(F)(1) Employees held out of service under circumstances, which do not involve unlawful
acts, theft, acts of violence, refusal to comply with a direct order (non-safety related), use or
possession of alcohol or illegal drugs in violation of NetJets DOT/FAA Regulated Antidrug
and Alcohol Misuse Prevention Program, or possession of weapons on Company property
or, while on duty, at any other location, will continue on pay status pending the issuance of
discipline as set forth in sub-paragraph 8.2(A), above.
8.2(F)(2) Nothing shall preclude the Company's right to suspend any employee without loss
of pay pending the issuance of discipline. Except as otherwise set forth above, the affected
employee shall remain in a paid status until such time as a decision is rendered. When an
employee is held out of service without pay, an initial investigatory meeting with the
employee will be conducted within ten (10) calendar days, unless the employee is
unavailable to participate in the Company’s investigation as directed by the Company. The
decision will be rendered within ten (10) calendar days of the date of the meeting, unless
further investigation is required, in which case the Company will notify the affected
employee and the Union of the reasons for the delay.
8.2(F)(3) In the event an employee is placed on unpaid administrative leave pending
investigation and subsequently not disciplined, the employee will be paid for such lost time
from work.
8.2(G) The Union will, upon request, be provided access to all non-privileged documents and
reports in the Company's possession on which the action taken was based (which are not
already in the Union’s possession or readily available to the Union through an exercise of
reasonable diligence). In the case of information deemed by the Company to be proprietary
and/or confidential, the information will be provided under the standard confidentiality
agreement. The Company will, upon request, be provided access to all non-privileged
documents on which the Union’s case is based (which are not already in the Company’s
possession or readily available to the Company through an exercise of reasonable diligence).
Each Party shall be entitled to copies of the aforementioned documents or reports that it may
determine are needed.
8.2(H) Notwithstanding any of the provisions of this Article, probationary employees are not
entitled to file grievances under this contract regarding discipline or discharges, nor shall such
employees be entitled to challenge discipline or discharges taken against them under this
Agreement.
8.3 Grievances Not Involving Disciplinary Loss of Pay or Termination
8.3(A) In the event of a grievance arising over the interpretation or application of this
Agreement or in the event of disciplinary action, not involving loss of pay, the following
procedure shall be followed:
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8.3(A)(1) Step One The aggrieved employee will first verbally present the complaint to a
Shift Supervisor or Shift Manager (MCC-Fleet Supervisor or Fleet Manager) for discussion
and possible resolution within fourteen (14) calendar days after the employee or his Union
Representative has, or could reasonably have had, knowledge of the incident upon which
the complaint is based. During this discussion, the employee will have the right, but not the
obligation, to be represented by his Shop Steward or Local Business Representative.
8.3(A)(2) It is understood and agreed that decisions made at the first step of the grievance
procedure by the Shift Supervisor or Shift Manager (MCC-Fleet Supervisor or Fleet
Manager), employee and/or his Union Representative shall not establish a precedent of any
kind unless otherwise agreed to by the Parties.
8.3(B) Step Two - If the complaint cannot be resolved through the informal discussion in sub-
paragraph 8.3(A)(1), above, the grievance shall be reduced to writing by the employee or his
Union Representative, signed by the employee or his Union Representative, and presented by
the Union to the General Manager, and a copy sent to the Vice President, Labor Relations or
their designees, within fourteen (14) calendar days after the date of the Step One discussion.
The Grievance will identify the date of the Step One discussion and the name of the Shift
Supervisor or Shift Manager (MCC-Fleet Supervisor or Fleet Manager) with whom it was held.
The Union may opt to bypass Step One and proceed directly to Step Two within the time frame
allowed for the Step One discussion.
8.3(B)(1) The General Manager and the Vice President, Labor Relations or their
designees will, upon request by the Union, conduct a grievance hearing within fourteen (14)
calendar days of receipt of the grievance. The grievance will be answered in writing by the
General Manager and/or the Vice President, Labor Relations or their designees, who will
send a copy of said answer to the grievant and the Union Representative within fourteen
(14) calendar days after he conducts the hearing (or, if no hearing is held, within fourteen
(14) calendar days of the last day the hearing could have been conducted).
8.3(B)(2) If the Step Two decision is not acceptable to the Union, the Union
Representative may appeal the grievance directly to the SBA, provided such appeal is
presented in writing, to the Vice President, Labor Relations, or his designee within fourteen
(14) calendar days after the written Step Two decision has been presented to the grievant
and Union Representative.
8.3(C) In the event the Company elects to file a grievance alleging a violation of the Agreement
by the Union, the grievance will be filed directly with the Union Business Agent and will
proceed directly to the SBA as described in sub-paragraph 15.4, below. Nothing in this
Agreement will require the Company to file a grievance prior to, or in lieu of, seeking other
remedies available under the Railway Labor Act.
8.4 System Board of Adjustment
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8.4(A) The SBA shall have jurisdiction over disputes between employees covered by this Agreement
and the Company, growing out of grievances concerning 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. The Board shall have no authority to modify, amend, revise, add to, or
subtract from any terms or conditions of this Agreement.
8.4(B) The SBA shall be composed of two (2) members designated by the Company and two (2)
members designated by the Union. The Board shall organize and select a Chairman and a Vice
Chairman, both of whom shall be members of the Board. When the Company holds the
Chairman position, the Union shall hold the Vice Chairman position, and vice versa. The terms
of offices of Chairman and Vice Chairman shall rotate between the Company and the Union on
an every other SBA basis.
8.4(C) The Board will hear all cases that are properly submitted in accordance with the
provisions of sub-paragraphs 8.2 or 8.3, above. A submission to the Board will include: (1) the
question or questions at issue; (2) the statement of facts out of which the dispute arose and the
particular provision(s) of the Agreement alleged to have been violated; (3) position(s) of
employee(s); (4) position(s) of the Company; and (5) any supporting evidence that the Party
making the submission would like the SBA to consider. Submissions will be provided to the
Board Members, the Vice President, Labor Relations, and the Union Business Representative
no less than three (3) business days prior to the SBA meeting, unless the Board specifies a
different time period.
8.4(D) The SBA shall meet as necessary, but no less than four (4) times a year; provided, there
are cases for the Board to consider. The SBA shall meet at the Company’s headquarters in
Columbus, OH or another mutually agreed to location. In the case of a discharge, or a
suspension resulting in loss of pay for a period of five (5) or more days, the SBA shall, upon
request by either the Vice President, Labor Relations or the Union Business Representative,
convene on an expedited basis within thirty (30) calendar days of the date the discharge or
suspension is appealed to the SBA.
8.4(E) The SBA shall render a decision no later than thirty (30) calendar days after the
hearing of the case. The SBA's findings and decisions shall be final and binding upon the
Parties hereto, and the individual employee(s) to such dispute. The SBA shall advise the Parties
of its findings and decisions, or of a deadlock, as soon as practicable. If no decision or deadlock
is produced, the decision will be considered deadlocked at the expiration of the thirty (30)
calendar day period. If the SBA deadlocks, either Party may appeal the case to arbitration by
serving a notice of appeal to the Company’s Vice President, Labor Relations or his designee or
the Union Business Representative or his designee, as applicable, within fourteen (14) calendar
days that the Parties are advised of the deadlock or within fourteen (14) calendar days of the
expiration of the thirty (30) calendar day period, whichever occurs first.
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8.4(F) Each Party shall provide the other Party with copies of any documents they intend to
present at the Board hearing and shall disclose to one another the names of witnesses they
intend to call as part of their case in chief, if known, no less than 48 hours before the
commencement of the Board hearing. Where evidence or documentation not previously shared
with or reasonably available to the other Party is introduced at the SBA during a Party’s case-
in-chief, the SBA will upon request allow a reasonable period of time for review of the new
evidence or documentation.
8.4(G) When requested by either the Company representative or the Union representative, the
SBA may summon any witness(es) who are employed by the Company and are deemed
necessary to the dispute by the SBA.
8.5 Other Procedural Rules for Grievance and SBA Process (Excluding Arbitration)
8.5(A) Grievance settlements involving wage claims will be included in the paycheck for the
pay period immediately following the pay period in which the award was granted. Should such
payment be delayed for any reason, an explanation will be provided upon request.
8.5(B) The Union will file a “class action” grievance when the alleged violation of the
Agreement is common to those employees in the group. The Company may consolidate
multiple grievances alleging a common violation of the Agreement into a single “class action”
grievance. If the Parties cannot agree on whether multiple grievances should be a single class
action, the Parties will agree to arbitrate that issue and the time limits set forth in this Article 8
will be stayed until a ruling on the matter.
8.5(C) In the event of a permanent change of the persons responsible for grievances at any step
of this grievance procedure, the Union and the Company will notify each other as soon as
possible.
8.5(D) The Company, the Union, and the employee(s), will comply with all time limits. If the
Company does not comply with the time limits, the grievance will be deemed automatically
appealed to the next step. Any Company decisions not appealed by the Union in writing within
the specified time limits at any step of the procedure shall be considered closed on the basis of
such answer. It is recognized that Company or Union representatives may request reasonable
time limit extensions, and the Parties may mutually agree to extend any of the time limits in this
Article.
8.5(E) It is agreed by the Parties hereto that the periods of time for hearings, decisions, and
appeals established in this Article shall be considered as maximum periods and that when
hearings, decisions, and appeals can be handled in a period of less than the maximum time
stipulated, reasonable efforts will be made to do so.
8.5(F) Witnesses at Grievance Hearings and SBA
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8.5(F)(1) The Parties will be given a reasonable opportunity to secure the presence of
necessary individual(s) to fairly conduct hearings and meetings required in connection with
a grievance.
8.5(F)(2) Employees of the Company who are on duty and acting as Board Members for any
of the proceedings described in this Article will suffer no loss of pay. Further, an employee
acting as a Board Member outside of his/her regular work schedule will be compensated on
an hour for hour basis for each hour served. Employees scheduled to work less than eight
hours prior to or more than eight hours after the SBA will have the preceding and/or next
shift(s) adjusted as necessary to accommodate the SBA and provide at least eight (8) hours
rest (to the extent such rest is not facilitated by the hour-for-hour compensation described
above).
8.5(F)(3) Each Party will bear the compensation and travel expenses of the witness(es)
summoned by it. The number of witnesses summoned at any one time shall not be greater
than the number that can be spared from the operation without interference with the
services of the Company. If the Union or the Company deems necessary the testimony of
witnesses the Company is unable to release, the proceedings may be adjourned until such
time as the witnesses are able to testify. The Parties agree to use their mutual best efforts to
minimize the cost and the operational disruption potentially created by this provision.
Where testimony is cumulative (merely duplicating the testimony of other witnesses), or is
otherwise not essential to the case, such evidence may be presented by sworn statement(s).
8.5(F)(4) An employee who serves as a witness while off duty will have his next shift
adjusted to ensure he receives at least eight (8) hours of time off prior to the start of his next
regularly scheduled shift.
8.5(G) Stenographic Report - When it is mutually agreed that a stenographic report is to be
taken by a public stenographer of any investigation or hearing provided for in this Agreement,
the cost will be borne equally by both Parties to the dispute. When it is not mutually agreed
that a stenographic report of the proceedings be taken by a public stenographer, the
stenographic record of any such investigation or hearing may be taken by either of the Parties
to the dispute. A copy of such stenographic record will be furnished to the other party to the
dispute upon request at pro rata cost. The cost of any additional copies requested by either
Party shall be borne by the party requesting them, whether the stenographic record is taken by
mutual agreement or otherwise.
8.5(H) Personnel File Review - With written authorization of the employee, the Union, or its
representative, and/or the Grievant, shall have access to the Grievant's personnel file for
review. The Union shall be entitled to copies of any documents from the file that it may
determine are needed; provided, disclosure of such documents would otherwise be required by
the provisions of this Article.
8.5(I) Exoneration - If an employee has been withheld from service, and/or notified that a
Page 25
hearing is to be held regarding any action or inaction on his part and he is subsequently
completely cleared of all charges, and/or a decision of the System Board (including Arbitration)
completely exonerates the employee, the following shall apply:
1. All Company records relating to the charges against the employee, including personnel
and training files, shall be purged of all reference to the charges (to the extent permitted by
law).
2. The Company shall neither make reference to nor attempt to use the prior action,
inaction, or incident in any proposed or actual future disciplinary or discharge action taken
against the employee.
8.5(J) Requirement to Arbitrate or Withdraw Controversy - If an arbitrator has not been
selected or contacted within ninety (90) days after a proper appeal as set forth in sub-
paragraph 8.4(E), above, the Board shall have no further jurisdiction and the controversy will
be considered as withdrawn.
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ARTICLE 9 - BOARD OF ARBITRATION
9.1 The Board of Arbitration established by this Article will have jurisdiction over disputes that
are deadlocked by the four-member System Board of Adjustment established in accordance with,
as well as properly appealed to arbitration, in accordance with the provisions of Article 8,
paragraph 8.4(E). The jurisdiction of the Board of Arbitration shall not extend to proposed
changes in hours of employment, rates of compensation, or working conditions covered by existing
agreements between the Parties hereto. The Board of Arbitration shall have no authority to
modify, amend, revise, add to, or subtract from any terms or conditions of this Agreement. The
decisions of the Board of Arbitration shall be final and binding on the Parties hereto.
9.2 The Parties shall, in August of each year, select eight (8) Arbitrators to hear grievances that
may be scheduled in the following year (with four names to be submitted by each Party). When a
grievance is properly appealed to arbitration in accordance with the provisions of Article 8,
paragraph 8.4(E), the Parties will select an arbitrator from the list of eight names by alternating
strike, with the first strike in the first grievance scheduled for arbitration following ratification
determined by coin toss and the first strike alternating thereafter. For any particular grievance,
the Board of Arbitration shall consist of one (1) member selected by the Union and one (1) selected
by the Company, and the impartial Arbitrator; provided, the Parties may change the composition of
the Board of Arbitration by mutual agreement.
9.3 The Parties shall attempt to enter into a submission agreement, which shall clearly state the
issue(s) to be decided by the Board of Arbitration. If the Parties are unable to agree on a joint
statement of the issue(s), the submission shall contain the written grievance and the Company's
disposition of the same with notation that the Parties did not enter a submission agreement. Either
Party may also submit its proposed version of the issue(s).
9.4 During the hearing, each Party shall have full opportunity to present evidence and
argument, both oral and documentary.
9.5 Decisions of the Board of Arbitration will occur by majority vote of its Members. The
Arbitrator shall be asked to render his findings and award in writing no later than sixty (60)
calendar days after the conclusion of the hearing or receipt of the post hearing briefs.
9.6 The Arbitration Board shall meet in the city where the General Offices of the Company are
maintained. The Parties may mutually agree to an alternate location.
9.7 Each of the Parties hereto shall assume the compensation, traveling expenses, and other
expenses of its Board Members and shall assume one-half (1/2) of the Arbitrator’s fees and
expenses.
9.8 It is understood and agreed that each and every Board Member and witness shall be free to
discharge his duties in an independent manner without fear that his individual relationship with the
Page 27
Company or the Union may be affected by an action taken or by testimony given by him in good
faith in his capacity as a witness or Board Member, as applicable.
9.9 The following provisions of Article 8 will also apply in connection with the Board of
Arbitration established by this Article 9:
Paragraph 8.4(F)
Paragraph 8.4(G)
Paragraph 8.5(A)
Paragraph 8.5(C)
Paragraph 8.5(F)(1), (3), and (4)
Paragraph 8.5(G)
9.10 Expedited Arbitration
9.10(A) Either Party may submit a dispute to expedited arbitration in lieu of the three-member
Board of Arbitration established by this sub-section 9. The election for expedited arbitration
must be made no later than fourteen calendar days after the expiration of the time period for
submitting the grievance to the Board of Arbitration as set forth in Article 8, paragraph 8.4(E).
If no such submission is made, expedited arbitration will be considered waived.
9.10(B) Expedited arbitration will be the same as the standard Board of Arbitration established
by this Article 9, with the following exceptions:
9.10(B)(1) The Vice President of Labor Relations, or his designee, and a Local Business
Representative, or his designee, shall present to the Arbitrator, sitting without any
Company or Union Board Members, a statement of position, including exhibits, affidavits,
and other documentary evidence. The Parties shall exchange their respective position
statements no later than ten (10) business days prior to the hearing date. The Parties may
also submit rebuttal position statements to the arbitrator, provided a copy is served on the
other Party no less than three (3) business days prior to the hearing. The Union and
Company’s legal counsel shall not directly participate in an expedited arbitration hearing,
excluding any expedited arbitration proceeding specifically referenced in another Article of
this Agreement.
9.10(B)(2) An individual grievant or class representative may be present during the
proceeding at the Union’s discretion. Except for discipline and discharge cases, no
transcript of the proceedings shall be made unless by mutual agreement of the Parties.
Each Party shall have the right to make an opening statement, present evidence, make a
rebuttal statement, and make a closing statement. Each Party also shall have the right to
call up to one witness (to include the grievant). Direct, cross, and re-direct/re-cross
examination shall be permitted.
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9.10(B)(3) The Arbitrator’s jurisdiction and authority will be the same as for the Board of
Arbitration, as described in sub-paragraph 9.1, above. The Arbitrator shall issue a decision
within three (3) business days of the close of the proceeding. The decision shall be in
writing and shall state the basis for the decision. The decision shall be final and binding
upon the Parties, and fully enforceable pursuant to the provisions of the Railway Labor Act
to the same extent as a decision of the Board of Adjustment described in Article 8. The
arbitrator’s fee and expenses shall be borne equally by the Parties. All other expenses shall
be borne by the Party incurring them.
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ARTICLE 10 - FILLING OF VACANCIES
10.1 A vacancy as used in this Article 10 refers to a new or vacant position. A position to which
an employee has recall or displacement rights is not considered a vacancy.
10.2 For purposes of filling vacancies, the following classifications are considered Standard
Classifications: Maintenance Controller, Aircraft Maintenance Technician, Avionics Technician,
Aircraft Painter, Fueler, Stock Clerk, and Aircraft Cleaner. The following classifications are
considered Premium Classifications: Lead Technician, Lead Avionics Technician, QC/Inspector,
Lead Fueler, Lead Aircraft Cleaner.
10.3 Standard Vacancies
The Company will post and award vacancies in Standard Classifications as set forth below:
10.3(A) Bid Positing - All vacancies will be electronically posted for no less than ten (10)
business days. Bids must be submitted by the closing date shown on the posting. Postings will
contain:
10.3(A)(1) Job Title, and
10.3(A)(2) Location where the vacancy is to be filled, and
10.3(A)(3) Minimum qualifications as stated in Article 22 of this Agreement, and
10.3(A)(4) The posting date, closing date and report date for the new position. Unless the
bid is cancelled prior to the closing date, the results of the bids election will be electronically
posted and the successful bidder notified no later than fifteen (15) business days after the
closing date. Except as otherwise required by law, an employee on a leave of absence must
have a scheduled “returned to work” date no later than bid report date in order to be
considered for the position.
10.3(B) Bid Awards
10.3(B)(1) Vacancies in the Technical Seniority Group - If the vacancy exists in a Standard
Classification in a Technical seniority group, the Company shall award the position in
accordance with the following:
Step 1 - Award the position to the qualified bidder in the Technical seniority groups
with the greatest seniority in the Technical seniority groups. If any bidder has seniority
in the same Technical seniority group as the vacant position, he shall be given priority
over other bidders in the Technical seniority groups.
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Step 2 - If the position is not filled by awarding the position in accordance with Step 1,
above, then award the position to the qualified bidder from the MCC seniority group
with the greatest seniority in the MCC seniority group.
Step 3 - If the position is not filled by awarding the position in accordance with Step 2,
above, then award the positon to the qualified bidder from the Non-Technical group
with the greatest seniority in the Technical seniority group.
Step 4 - If the position is not filled by awarding the positon in accordance with Step 3,
above, then the Company may, in its discretion, fill the position by hiring a new
employee.
10.3(B)(2) Vacancies in MCC Seniority Group - If the vacancy exists in the MCC seniority
group, the Company shall award the position in accordance with the following:
Step 1 - Award the position to the qualified bidder in the Technical seniority group with
the greatest seniority in the Technical seniority group. If any bidder has seniority in the
MCC seniority group, he shall be given priority over other bidders in the Technical
seniority groups.
Step 2 - If the position is not filled by awarding the position in accordance with Step 1,
above, then award the position to the qualified bidder from the Non-Technical group
with the greatest seniority in the Technical seniority group. Employees in the Non-
Technical group without seniority in the Technical seniority group are not considered in
this Step.
Step 3 - If the position is not filled by awarding the position in accordance with Step 2,
above, then the Company may, in its discretion, fill the position by hiring a new
employee or offering the position to an employee from outside the Technical or MCC
seniority groups.
10.3(B)(3) Vacancies in Standard Classifications in the Non-Technical Group - If the
vacancy exists in the Non-Technical seniority group, the Company shall award the position
in accordance with the following:
Step 1 - Award the position to the qualified bidder in the Non-Technical seniority group
with the greatest seniority in the Non-Technical seniority group. .
Step 2 - If the position is not filled by awarding the position in accordance with Step 1,
then award the position to the qualified senior bidder from the Technical or MCC
group.
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Step 3 - If the position is not filled by awarding the position in accordance with Step 2,
above, then the Company may, in its discretion, fill the position by hiring a new
employee.
10.3(C) Acceptance of Award
10.3(C)(1) Absent extenuating circumstances, once an employee has notified of the bid
award, the employee must report to the awarded position or decline it, remain in his
current position, and lose all bid rights for the next two (2) years. The Company may re-
post the award position, cancel the vacancy, or award the position to the next qualified
bidder, as set forth above, in the original bid. The two (2) year restriction does not apply if
the employee is bidding for a Lead or QC/Inspector Position or if the employee is affected
by a Reduction In Force.
10.3(C)(2) An employee who accepts a vacancy shall be ineligible to bid or be awarded
another vacancy in a Standard Classification for two (2) years. The two (2) year restriction
does not apply if the employee is bidding for a Lead or QC/Inspector Position, his first
position in the Technical or Maintenance Control seniority groups or he is affected by a
Reduction In Force.
10.3(D) Classification Qualifications Examinations
10.3(D)(1) The Company shall have the right to require Classification Qualifications
examinations for the following Job Classifications: Maintenance Control, Aircraft
Maintenance Technician, Avionics Technician, Aircraft Painter, Aircraft Fueler, Lead
Positions and QC/Inspector.
10.3(D)(2) Notwithstanding any provision above, a bidder will not be considered qualified to
receive an award for any Classification he has not previously held unless, in addition to
meeting the minimum qualifications set forth in Article 22, he has passed any Classification
Qualifications examination required by the Company. An employee who meets minimum
qualifications by virtue of having passed a “trade test” referenced in Article 22.3 shall be
deemed to have successfully completed any Classification Qualifications examination
described in this subsection.
10.3(D)(3) A Classification Qualifications examination may include a written component,
oral/interview component, and/or practical skills test. An employee may take the
examination by submitting a written request to the Company. The Company shall offer the
examination no later than the later of 90 days of the request date or the next closing date for
the position, except for reasons outside of its control (e.g., requesting employee takes a leave
of absence). The Company shall meet and confer with the Union regarding the content of
all Classification Qualifications examinations. The Union agrees to keep the content of the
Classification Qualification examinations confidential.
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10.3(D)(4) An employee who fails a Classification Qualifications examination shall be
ineligible to take the same examination for one (1) year.
10.4 Lead Positions and QC/Inspector Positions
10.4(A) All vacancies will be electronically posted for no less than fifteen (15) days. Bids must
be submitted by the closing date shown on the posting. Unless the bid is cancelled prior to the
closing date, the results of the bids election will be posted electronically after the successful
bidder is determined and notified following the process in subsection 10.4(B) through 10.4(C).
Except as otherwise required by law, an employee on a leave of absence must have a scheduled
“returned to work” date no later than bid report date in order to be considered for the position.
10.4(B) Lead and QC/Inspector Positions will be awarded to the senior qualified bidder in the
corresponding base classification as follows:
10.4(B)(1) A candidate must meet the minimum qualification standards of the Lead and/or
QC/Inspector Position described in the vacancy notice.
10.4(B)(2) The Company will provide the Union with the names of the bidders for each
Lead and/or QC/Inspector position. The Company will meet with the Union to discuss the
qualifications of bidders prior to making bid awards. At the request of either Party, a
bidder may be required to submit to an interview with Company and Union
representatives. During the interview, a bidder may be required to answer questions about
relevant matters, including, but not limited to, skills, qualifications, ability, and work
record. The bidder may also ask the Company questions about relevant matters, including,
but not limited to, the responsibilities and job duties of the position.
10.4(C) If there are no qualified applicants in the applicable base classification, the Company
shall consult with the Union. Following such consultation, the Company may offer the position
to qualified senior bidder in other Job Classifications.
10.4(D) If there are no qualified bidders following the application of step 10.4(C), the Company
shall consult with the Union. Following such consultation, the Company may hire a new
employee from outside the craft or class.
10.5 Job Qualifying Period
10.5(A) Employees who transfer Job Classifications will be subject to a Job Qualifying Period
review period that runs from the date of transfer until 90 days following the later of the report
date for the new Job Classification or the successful completion of any training (including
mentoring) associated with the new Job Classification; provided, the 90-day period may be
extended on a day for day basis for reasons outside the Company’s control (e.g., employee takes
a leave of absence). The evaluation period may be reduced by mutual agreement of the
Company, Union and employee.
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10.5(B) Employees on a Job Qualifying Period shall be allowed to bid for a shift and starting
time; however, for the remainder of the Job Qualifying Period the Company may assign them
where needed. Upon completion of the employee’s Job Qualifying Period, he shall assume the
shift and days off which he was awarded on the shift bid. If he was not awarded a shift in the
shift bid (e.g., because the next shift bid has not occurred), he may be assigned a shift at the
Company’s discretion (considering any input from the employee and the Union).
10.5(C) During the Job Qualifying Period, the employee will be evaluated periodically as to his
ability to perform to a satisfactory level in the new position (e.g., 30/60/90 day evaluations). The
results of each evaluation shall be reduced to writing with a copy provided to the employee and
the Union. If at the end of the Job Qualifying Period the Company deems the employee to have
failed to demonstrate the ability to perform the job at a satisfactory level, the employee shall
return to his prior position and his pay will be adjusted accordingly. A junior employee who
backfilled the position vacated by the transferring employee also may be required to return to
his prior position.
10.5(D) An employee who did not successfully complete a Job Qualifying Period shall not
transfer to the same Job Classification without the Company’s approval for two (2) years. If an
employee does not successfully complete a second Job Qualifying Period for the same Job
Classification, he shall not transfer to same Job Classification again without the Company’s
approval.
10.6 Removal or Downgrade from Lead Positions and QC/Inspector Positions
10.6(A) The Company may remove an employee from his Lead Position or QC/Inspector
Position for reasons related to his performance. Prior to removing the employee for
performance reasons, the Company shall provide him a written description of the performance
issue(s), counsel the employee on the specific issue(s), and provide him with a reasonable
opportunity to improve his performance. A Union representative shall attend the counseling
session and receive copies of the written description of performance issue(s). Upon removal,
the employee shall remain in the base classification associated with his Lead Position or
QC/Inspector Position until such time as he is awarded or assigned to another Job
Classification. For purposes of this Article, the “base classification” is the Standard
Classification in the same seniority group, as defined in Article 10.2 (e.g., Aircraft Maintenance
Technician is the base classification for the Lead Technician Premium Classification).
10.6(B) The Company may remove in inverse seniority order one or more employees from a
Lead Position or QC/Inspector Position when it determines to reduce the number of Lead
Positions or QC/Inspector Positions; provided, an employee who is removed based on a
reduction in Lead Positions or QC/Inspector Positions will have the right to be recalled to the
position for so long as he remains in the applicable base classification (e.g., an AMT will retain
recall rights to a Lead AMT position for so long as he remains in the AMT classification). In
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the event of a reduction in force within the meaning of Article 26 (Furlough and Recall), the
procedures set forth in Article 26 apply.
10.6(C) Employees in Lead Positions or QC/Inspector Positions may voluntarily downgrade to
the base classification associated with their Lead Positions or QC/Inspector Positions as follows:
10.6(C)(1) If a vacancy exists, the employee holding the Lead Position or QC/Inspector
Position may fill the vacancy in the base classification prior to the Company awarding it to
another bidder under 10.3. If two (2) or more employees wish to downgrade at the same
time, any competition between them for a vacancy shall be resolved by the use of group
seniority, with the most senior being awarded the vacancy. Any employee who downgrades
in this manner is prohibited from bidding for, or accepting, a Lead Position or
QC/Inspector Position for a period of two (2) years from the date of the downgrade.
10.6(C)(2) If a vacancy does not exist, the Company may permit the employee to downgrade
for up to six (6) months and, in its discretion, fill the position via temporary upgrade as set
forth in 10.7. Unless the Parties agree otherwise, at the end of six (6) months, the
downgrading employee must return to the Lead Position or QC/Inspector Position unless he
was awarded a different vacancy during the six (6) month temporary downgrade.
10.6(C)(3) An employee may not downgrade more than one time in a rolling five (5) -year
period without the Company’s consent.
10.7 Temporary Upgrades and Assignments - Lead Positions or QC/Inspector Positions not
staffed on a particular shift due to the unavailability of a Lead or QC/Inspector may be filled in
accordance with the following:
10.7(A) If an employee holding a shift bid Lead Position or QC/Inspector Position is not
available for that shift, those qualified on duty in the appropriate base classification will be
offered the position, in seniority order, for the day. It remains the decision of the employee to
accept the duties of any of the positions. If an employee accepts the position, the employee will
be paid in accordance with Article 33 (Wages) “other pay items” for that workday. If no
qualified employee agrees, the Company may assign the least senior qualified employee(s) to
perform the work.
10.7(B) In order to be upgraded, an employee must have passed his probation and/or Job
Qualification Period in the base position for which the upgrade exists.
10.7(C) The Company shall not use temporary upgrades and assignments to circumvent the
provisions of subsection 10.4.
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ARTICLE 11 - SEPARABILITY AND SAVINGS CLAUSE
11.1 Should any part hereof or any provisions herein contained be rendered or declared invalid by reason
of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, such
invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereto, and
they shall remain in full force and effect.
11.2 In the event that any of the provisions of this Agreement are in conflict with or are rendered
inoperative or unlawful by virtue of any duly enacted law or regulation of any governmental agency or
commission having jurisdiction of the Company, the Union and the Company will meet and negotiate
changes necessary, pertaining only to those provisions so affected, or directly related thereto.
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ARTICLE 12 - JURY DUTY
12.1 The Company recognizes jury duty as a civic responsibility and will release employees for said
duty. Employees will not suffer any loss of pay for such duty. Employees may retain payment received
for jury service. An employee must submit a copy of any jury notification or summons to his supervisor
as soon as practicable following receipt of the notification.
12.1(A) An employee on jury duty that spans three (3) or more consecutive work days will have
his schedule adjusted to a day shift, Monday through Friday, with the preceding Sunday and
any intervening Saturdays and Sundays off, for the period of jury service (and for the
remainder of any partial weeks of jury service); provided, the Company and employee may
agree on another schedule. When jury duty is completed, the employee must furnish his
supervisor with a court-validated statement of attendance indicating the dates he served on jury
duty. At the conclusion of jury service (including any days at the end of a partial week), an
employee who had his schedule adjusted pursuant to this Section will have Saturday off before
resuming his normal schedule.
12.1(B) An employee will be afforded eight (8) hours rest prior to commencing jury duty. In
addition, where jury duty exceeds six hours in a single day, an employee also will be afforded
eight (8) hours rest after jury duty completion. If the requirements of this Paragraph would
result in the Company impacting more than one work day for each day of jury duty, then the
Company and employee will agree upon a schedule adjustment for all affected shifts beyond
one per day of jury duty.
12.1(C) Notwithstanding the provisions of paragraph 12.1(B) regarding rest following jury
duty, where jury duty consists of less than six (6) hours in a single day, the employee will
contact the Company for instructions regarding return to work. If the employee is instructed to
return to work, a day of combined jury duty and regular work will not exceed the length of the
employee’s regular shift.
12.2 The Company will release an employee without pay as a result of a one-day, non-party
subpoena issued for reasons other than personal. The Company and the employee may modify his
schedule by mutual agreement to accommodate service as a witness, including, but not limited to, in
the manner set forth in paragraphs 12.1(B) and (C) of this Agreement.
12.3 If an employee who is released from work for jury/subpoena duty subsequently finds that his
services as a juror/witness are not required for any reason for a partial or full day (e.g., dismissed
from duty, early release, not required to report the following day as a result of a nightly call-in), the
employee will immediately contact his supervisor for instructions regarding return to work.
12.4 The Company may, where business conditions warrant, request the proper officials to relieve an
employee from jury/subpoena duty. The employee will cooperate with the Company in making such a
request.
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ARTICLE 13 - BEREAVEMENT LEAVE
13.1 In instances of the death of a member of the immediate family of a regular employee occurring
after the completion of the employee’s probationary period the Company will, when requested, grant a
paid leave from work, not to consecutively exceed the total number of days in an employee’s regular
workweek, to enable such employee to attend to the burial or memorial service of such member of the
family. An employee, upon request, may take any compensable time (except for sick leave) of up to
two weeks in conjunction with a bereavement leave. In addition, a personal leave of absence may
be requested in conjunction with a bereavement leave in accordance with the provisions of Article
14.2 of this Agreement.
13.1(A) Pay, if applicable, shall consist of the employee’s regular rate for the number of hours in his
regular workday and shall be applicable only to days within his regular workweek.
13.1(B) term “immediate family” as used here is defined as consisting of the following members
only:
Mother - Father
Spouse - Domestic partner*
Sister - Stepsister – Sister-in-law
Brother - Stepbrother- Brother-in-law
Child (dependent and non-dependent)
Mother-in-law – Domestic Partner’s Mother
Father-in-law – Domestic Partner’s Father
Step Mother – Step Father
Employee’s Grandparents – Grandparent-in-law
Employee’s Grandchildren
Legal guardian
*Domestic Partner as defined in the Company’s domestic partnership policy. A domestic
partner registered under the Company’s domestic partnership policy, as may be modified from
time to time, as provided in Article 7.7, shall be deemed a “spouse” for the purposes of “in-law”
relationships under this subsection.
13.1(C) Of the days granted for leave, one (1) of those days must include the funeral or
memorial service: provided, that in the event that the funeral or memorial service occurs on a
scheduled day off, at least one of the days granted for leave must be adjacent to the first
regularly scheduled workday immediately before or the first regularly scheduled workday
immediately after the memorial or funeral service, at the employee’s discretion.
13.2 For instances of the death of an aunt or uncle, when requested, the Company shall grant a paid leave
from work not to exceed one (1) day. This day must be on the day of the funeral or memorial service.
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Pay shall consist of the employee’s regular hourly wage and shall be applicable only to his regular
workweek.
13.3 The Company may require that an employee provide verification of the need for leave under
this Article.
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ARTICLE 14 - LEAVES OF ABSENCE
14.1 General
14.1(A) An employee on Leave of Absence (LOA) will maintain a current mailing address and
telephone number with the Company. Address and/or telephone number changes will be submitted to
the appropriate General Manager or his designee.
14.1(B) LOAs shall be unpaid, unless otherwise provided for in this Agreement.
14.1(C) Employees on LOA accrue seniority. The Company will specify, in writing, the date by
which the employee will return to duty, a copy of which shall be provided to the employee and the
Union. All employees returning from LOA who require training prior to returning to their job will be
scheduled for such training at the discretion of the Company. At the end of the LOA, the employee
will be paid salary based on his original date of hire, at the current rate. Delay by the Company in
scheduling any necessary training shall not affect an employee’s right to salary at the end of the LOA.
14.1(D) On return from LOA, if an employee’s job has been eliminated, the employee must (not
withstanding other provisions of the Agreement) bid a new position not later than the first day after
the LOA is complete. The right to bid includes the right to bump junior employees; provided, if no
new positions are available (i.e., the employee does not have the seniority to successfully bid) the
Company may assign the employee a position.
14.1(E) An employee on LOA whose seniority is such that he would have been furloughed had he
not been on LOA will promptly be notified that his rights under the Agreement have been changed to
those of a furloughed employee. If there is a subsequent recall, such employee, if his seniority
warrants, will be recalled to LOA status with the accompanying rights, or active status, if applicable,
and he will be so notified. Where a furloughed employee is recalled to LOA status, the length of time
spent on furlough will be subtracted from the remaining amount of permissible LOA time.
14.1(F) If any federal or state statute provides greater leave rights or protections than those
contained in this Agreement, then the statute shall control. If the Agreement provides greater leave
rights or protections than any federal or state statute, then the Agreement controls.
14.1(G) An employee’s right to insurance benefits while on leave of absence shall be as set forth
in Section 17.5 of the Agreement.
14.1(H) An employee on LOA (other than Medical LOA) may engage in any form of non-
aviation employment. An employee on such a LOA may engage in aviation employment for a non-
competing business (excluding the Company’s parents, affiliates and subsidiaries) with the prior
written permission of the Company. In no case shall an employee engage in employment which may
bring discredit on the Company.
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14.1(I) An employee who exhausts all qualifying LOA and does not return to work may be
subject to termination.
14.2 Leave of Absence
At an employee’s request, the Company may grant a leave of absence consistent with requirements of the
Company without pay for a specific period of time, not to exceed one (1) year; provided, that such leave
does not impose an undue business hardship upon the Company. Such leaves if granted by the Company
shall be in writing and may be renewable for additional periods of time not to exceed a total of one (1)
year. A written copy of any leave of absence will be filed with the Union within seven (7) days after
being granted.
14.3 Military Leave
An employee shall be entitled to military leave of such duration as set forth in the Uniform Services
Employment and Reemployment Rights Act (USERRA), any applicable executive order, or any applicable
state law. Any employee who is ordered to active military service shall, upon presentation to the Company of
a certificate of satisfactory completion of service or equivalent, be automatically granted, upon request, a
furlough by the Company up to ninety (90) days, or the time equal to the length of active military service,
whichever is less (or any greater period of time as provided for in USERRA, applicable executive order, or
applicable state law). After the employee has satisfactorily completed such active service, the employee
shall, during such furlough period, retain and continue to accrue his seniority only if he remains qualified to
perform said duties.
14.3(A) Reserve Duty
14.3(A)(i) Annual Two-Week Reserve Training. Any employee serving in the military reserves,
including National Guard, shall be granted a reserve duty leave of absence for fourteen (14) days per year or a
greater period of time if necessary to fulfill the employee’s annual two (2) week reserve training
requirement, subject to the appropriate General Manager or his designee’s approval, whichever is
applicable.
14.3(A)(ii) Monthly Two-Day Reserve Training. Any employee serving in the military reserves,
including National Guard, shall schedule and fulfill his monthly two (2) day reserve training in such a
manner so as not to conflict with his work schedule. In the event of a conflict, the employee shall immediately
notify the appropriate General Manager or his designee.
14.3(A)(iii) Voluntary Reserve Duty. Any employee in the military reserves, including National
Guard, desiring to serve beyond his monthly two (2) day reserve training obligation and annual two-week
reserve training obligation shall volunteer for such additional duty in such a manner so as not to conflict
with his work schedule.
14.4 Medical Leave of Absence
Technical and Non-Technical employees, and Maintenance Controllers shall be entitled to a medical
LOA for a period of up to three (3) years, when medically necessary as determined by a medical doctor or
other health care professional. “Medically necessary” means leave is required because the employee is
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unable to perform his job duties at the time the need for leave arises. An employee applying for leave
pursuant to this paragraph must provide the Company with documentation from his medical doctor or
other health care professional indicating that the leave is medically necessary prior to obtaining leave. If
the Company questions whether leave is medically necessary, it may require the employee to be examined
by a medical doctor or health care professional of its choosing, provided the Company pays all costs and
expenses associated with the examination. If the two opinions differ, then the two medical doctors or
health care professionals shall mutually agree upon a third medical doctor or health care professional,
whose opinion shall be binding upon the parties. Costs and expenses for the third opinion shall be paid for
by the Company. The Company may require an employee to resubmit documentation of the leave’s
medical necessity once every fourteen (14) days. Any employee returning from leave under this provision
must submit medical certification of fitness for duty where the leave exceeds sixty (60) days.
14.5 Family and Medical Leave Act
If the reason(s) for taking medical leave qualifies as a “serious health condition” within the meaning of
the Family and Medical Leave Act (“FMLA”), the FMLA’s procedures shall apply in full subject to the
following: notwithstanding any provision of the FMLA to the contrary, the Company may require an
employee to exhaust all but seven (7) days of paid leave accrued as of the date leave is granted. If the
Company requires the employee to exhaust paid leave, the employee shall designate prior to taking
FMLA leave whether the paid leave is sick leave or vacation, or any combination thereof. In the case of a
medical emergency, an employee shall make the designation as soon as practicable. The seven (7)
remaining days of accrued paid leave may be designated by the employee as either sick leave, vacation, or
any combination thereof; said designation must be made prior to taking FMLA leave. In the case of a
medical emergency, the employee shall make the designation as soon as practicable. If the employee fails
to make said designation, then the Company shall make the designation. If an employee has accrued less
than seven (7) days of paid leave, the Company may not require the employee to exhaust the paid leave
unless the employee so requests in writing.
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ARTICLE 15 - NON-DISCRIMINATION
Neither the Company nor the Union shall discriminate against any member covered by this Agreement on the
basis of race, color, age, religion, sex, sexual orientation, national origin, disability, membership in a
uniformed service, status as a disabled veteran or any other applicable classification protected by federal,
state or local law. The Company and the Union also recognize the desirability of implementing the national
policy of providing equal opportunity to all persons and agree to actively work toward the implementation
and continuance of that policy.
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ARTICLE 16 - HOLIDAYS
16.1 The following days shall be recognized as holidays:
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Day before Christmas
Christmas Day
Day before New Year’s Day
New Year’s Day
Martin Luther King Day
16.2 Subject to the terms and conditions of this Article, staffing on holidays shall be at the
Company’s discretion. The Company agrees to consult with the Union with regard to actual
headcounts on as many shifts as possible prior to and during each holiday with a view toward reducing
the headcount to the greatest extent possible consistent with the requirements of the service.
16.2(A) Paid holidays, on which employees have the holidays off, will be offered by seniority in
each seniority group on each shift.
16.2(B) A minimum of one (1) employee per four (4) employees, who are scheduled to be on duty in
each Technical and Non-Technical seniority group on a shift, shall be offered the paid holiday off.
16.2(C) If an insufficient number of employees in a seniority group on a shift volunteer to work the
holiday, then the Company may make assignments in inverse seniority order from the impacted
seniority group and shift. No employee shall be forced to work any holiday without first being
given seven (7) days prior notice. If the Company determines that it needs additional employees to
work on the holiday but is prevented from making involuntary assignments by the seven (7) day
rule, the Company shall offer the work opportunity in seniority order to employees in the seniority
group on the shift where the need exists who would have worked but for the application of
subsection 16.2(B), then, if necessary, in accordance with Article 28 overtime rules.
16.2(D) Vacations cannot be used to guarantee holidays off except when approved in advance for
vacation on all days in the workweek other than the holiday.
16.3 Pay and/or Rescheduling of Holidays
16.3(A) If an employee works on a recognized holiday, he will receive 2.5 times his rate of pay for all
scheduled hours worked on his shift. An employee selecting this holiday option forfeits his right to
reschedule the recognized holiday at that pay, i.e., 2.5 times his rate of pay for such day.
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16.3(B) If an employee in the Technical or Non-Technical seniority group chooses to work on a
recognized holiday or an employee in the MCC seniority group works on the holiday, and the
employee elects to reschedule the recognized holiday, he will receive 1.5 times his rate of pay for such
day, for all hours worked, plus the employee must reschedule and take the holiday within one hundred
eighty (180) days from the date of the recognized holiday. A written request from the employee must be
submitted ten (10) days in advance of the rescheduled holiday for which he will receive his regular rate
of pay.
16.3(B)(1) An MCC employee may not reschedule the holiday to a Red Period or to a day when
there are no available DATs on the applicable MCC shift.
16.3(B)(2) If an MCC employee reschedules the holiday, the Company shall reduce the number
of available DAT days on that applicable MCC shift.
16.3(C) An employee who works overtime on a recognized holiday will be paid subject to the
provisions of Article 28; however, there will be no pyramiding of overtime.
16.3(D) In the event an employee is on paid sick leave on the day a recognized holiday occurs, he
shall receive the number of hours in his regular work day as pay for such day, and no charge shall
be made to his sick leave accumulations as a result thereof.
16.3(E) If a holiday is recognized when an employee is on layoff, suspension, or leave of absence, he
will receive no holiday pay.
16.4 Except as provided in paragraph 16.5, below, to be eligible for holiday pay the employee must
be on duty on their normally scheduled days, both before and after the holiday, unless an exception
(e.g., on sick leave with a physician’s certificate) is approved by the Company.
16.5 An employee who is approved in advance for vacation on a work day immediately preceding or
following a holiday, or both, and who is not required to work on the holiday in accordance with the
provisions of paragraph 16.2, above, will not be rendered ineligible for holiday pay by paragraph 16.4,
above, as a result of the vacation day or days.
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ARTICLE 17 - INSURANCE AND OTHER BENEFITS
17.1 Company-Sponsored Health, Vision and Dental Plan
17.1(A) The Company will provide employees covered by this Agreement with the same
medical, vision, and dental insurance benefits provided to employees in the craft or class of
Pilots. In the event insurance carrier(s), benefit levels, coverage and/or plan designs change, the
Company will provide notice to the Union. The costs and payment of the premiums for
medical, vision, and dental insurance benefits, if any, referred to in this subsection for
employees covered by this Agreement shall be the same as for employees in the craft or class of
Pilots.
17.1(B) Employees covered by this Agreement shall be provided with the same opt-out incentive
options, if any, as are provided to employees in the craft or class of Pilots.
17.2 Information Sharing
The Company and the Union mutually agree to share information regarding all Plan descriptions for the
duration of this Agreement.
17.3 Short Term and Long Term Disability
17.3(A) Technical and Non-Technical Seniority Groups
17.3(A)(1) A voluntary Short Term Disability (STD) program is available for all employees in
the Technical and Non-Technical Seniority Groups. The monthly cost of such benefit is paid
by each enrolled employee, via payroll deductions, electing to participate in the plan. The Union
will provide to the Company the name, address and telephone number of their Agent of Record,
which will administer the Plan on an annual basis and will do so immediately should the Agent of
Record change.
17.3(A)(2) Employees in the Technical and Non-Technical Seniority Groups shall receive
and the Company shall fully fund long-term disability benefits equal to the lesser of sixty (60)
percent of an employee’s monthly earnings (subject to any increases in monthly earnings the
employee would have received but for the disability) or Two Thousand Five Hundred Dollars
($2,500) dollars per month, whichever is less, beginning the 91st day of disability in accordance
with the terms and conditions of the Company’s regular LTD disability plan documents.
17.3(A)(3) The Company reserves the right to add to or change LTD insurance carriers and/or
substitute a different financing method at any time.
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17.3(A)(4) An employee covered by this Agreement may elect to use paid sick days for any
portion of the STD or LTD benefit period, provided those days an employee elects to use a paid
sick day shall be charged against the benefit period.
17.4(A)(5) The Parties may change STD or LTD benefits by mutual agreement.
17.3(B) MCC Seniority Group
17.3(B)(1) Employees in the MCC seniority group shall be entitled to a STD benefit if the
Employee becomes disabled within the meaning of the STD plan document. The STD
benefit equals sixty (60) percent of the Employee’s base salary on the date of disability up to
one hundred (100) percent of the Employee’s base salary in accordance with the STD
benefit schedule in existence for the craft or class of Flight Attendants and shall continue
for one hundred and eighty (180) days from date of disability. An Employee may elect to use
paid sick days for any portion of the benefit period, provided those days an Employee elects
to use a paid sick day shall be charged against the one hundred and eighty-day (180) benefit
period.
17.3(B)(2) Employees in the MCC seniority group shall be eligible to receive long-term
disability benefits equal to the lesser of sixty (60) percent of the Employee’s base salary or
five thousand ($5,000) dollars per month beginning the one hundred and eighty-first (181st)
day of disability in accordance with the terms and conditions of the Company’s LTD
disability plan documents. Employees notified of LTD eligibility are required to
immediately file an LTD claim according to the procedures outlined in the appropriate plan
documents. Failure to do so may result in postponement of benefits.
17.3(B)(3) The costs and payment of the premiums associated with STD and LTD benefits
referred to in subsections 17.3(B) for Employees in the MCC Seniority Group shall be the
same as for the craft or class of Flight Attendants.
17.4 Life Insurance and AD&D – All Covered Employees
17.4(A) The Company shall provide a life insurance and AD&D benefit to all employees covered
under this Agreement equal to Two Thousand Dollars ($2,000.00), plus two (2) times the employee’s
annual base salary up to Fifty Thousand Dollars ($50,000.00).
17.4(B) Employees may elect to purchase voluntary supplemental life insurance coverage through
the Company in the same amounts and according to the same terms and conditions as
employees in the craft or class of pilots.
17.5 Medical, Vision and Dental Insurance Coverage During Approved LOA
The Company shall continue to make medical, vision and dental premiums while an employee covered by
this Agreement is on an approved Personal Leave of Absence, Medical Leave of Absence, leave taken
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pursuant to the Family and Medical Leave Act, Bereavement Leave of Absence, and Military Leave of
Absence. The employee shall be responsible for any contribution towards premiums in effect
immediately prior to his leave of absence, or as may apply thereafter, so long as such contributions apply
equally to employees covered by this Agreement who are not on leave of absence.
17.6 Indemnification and Legal Representation
17.6(A) Indemnification
The Company agrees to indemnify and hold harmless an employee covered by this Agreement or his
estate, if applicable, for the full amount of any monetary judgment, settlement, or awards rendered
against the employee or the Company arising out of the employee’s performance or non-performance
of his duties within the normal scope of his employment. It is expressly understood and agreed that
the aforementioned Company obligations do not apply if it is determined that the employee
intentionally caused bodily injury to another person or intentionally caused property damage except to
prevent a high-jacking or other dangerous interference with the operation of an aircraft. The
Company will have no obligation under this section to reimburse an employee for any fine or penalty
imposed on the employee by the FAA or NTSB, or to provide representation before the FAA or
NTSB.
17.6(B) Legal Representation
The Company shall, at no expense to an employee covered by this Agreement, provide legal
representation to an employee who is named as a defendant, is subject to a claim, or is subpoenaed as
a witness as a result of the performance or non-performance of his duties within the normal scope of
his employment. It is expressly understood and agreed that the aforementioned Company obligations
do not apply if it is determined that the employee intentionally caused bodily injury to another person
or intentionally caused property damage except to prevent a high-jacking or other dangerous
interference with the operation of an aircraft.
17.7 Liability Coverage
The Company will continue to provide aircraft liability insurance along with carrying the existing
voluntary settlement coverage of Five Hundred Thousand Dollars ($500,000.00) as per the terms and
conditions of the insurance policy for each employee covered by this Agreement who is a passenger in a
covered aircraft.
17.8 Miscellaneous Benefits
17.8(A) Employees covered by this Agreement will be eligible to participate in the Company’s
Flexible Spending Account, Employee Assistance Program, Legal Services benefit, spousal life
insurance, dependent life insurance, dependent care flexible spending account, supplemental
AD&D plans, and long-term care benefits on the same terms as non-bargaining employees who
are eligible to participate in those programs. In the event the Company initiates a change in
insurance carrier(s), benefit levels, benefit providers, networks, employee costs or contributions
to premiums, or coverage, or if a program is discontinued, the Company will provide notice to
the Union. Upon request, the Company will meet with the Union to discuss the changes.
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17.8(B) If the Company, through collective bargaining with its other unionized employee
group(s), or with their union’s approval, amends the above referenced miscellaneous benefits in
a manner that provides more favorable benefits, coverage, employee cost and contribution
provisions and/or plan design, said benefits shall be extended to employees covered by the
Agreement upon request by the Union.
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ARTICLE 18 - 401(K) RETIREMENT PLAN
18.1 Employees covered by the Agreement will continue to participate in the Company’s 401(k) Plan for
Unionized Crewmembers in accordance with the terms and conditions set forth in the Plan documents.
Without limiting the application of subsection 18.3 below, no change to the terms and conditions
governing participation in the Plan by employees in the craft or class of mechanics and related employees
shall be effective unless the change also applies to the craft or class of pilots and the craft or class of flight
attendants.
18.2 The Company will recognize an IBT retirement subcommittee. The purpose of the subcommittee is
to evaluate and suggest improvements to the 401(k) fund options, etc.
18.3 If the Company, through collective bargaining with its unionized employee group(s), or with their
union’s approval, amends the 401(k) Plan for Unionized Crewmembers in a manner that provides more
favorable benefits than those referred to in this Section or in existence at the time this Agreement is made,
said benefits shall be extended to employees in the craft or class of mechanics and related employees.
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ARTICLE 19 - SAFETY AND HEALTH
19.1 The Company shall continue to make reasonable provisions for the safety and health of its employees
during the hours of their employment. The Company shall provide, at the Company’s cost, protective
devices, wearing apparel and other equipment necessary to protect employees from injury.
19.2 The Union and Company agree to cooperate to the fullest extent in the promotion of safety and in the
maintenance of safe working conditions and practices, including the preservation of Company property and
equipment.
19.3 It shall be the duty of each employee covered thereunder to report to his immediate supervisor any
unsafe condition, which might arise. The Company will review such reports and take whatever steps deemed
necessary to correct or improve the reported unsafe working condition.
19.4 Upon request, the Business Agent may conduct an inspection, not to exceed one (1) per month. A
Company Representative may accompany the Business Agent during this inspection.
19.5 The Company hereby agrees, in its efforts to further extend safety conditions for its employees, that it
will at all times maintain and equip a First Aid Station, which will supply adequate medical service for sick or
injured employees. Employees are to be given basic first aid training. It is understood that this does not
require the Company to maintain a nurse or doctor to fulfill the requirements of this Section.
19.6 The Company hereby agrees to allow one (1) employee from the Technical groups to serve on the
Company Safety Committee. This employee will be selected and approved by the Union to represent the
bargaining employees represented by this Agreement. Employees serving during their non-scheduled work
hours will receive an “hour for hour” for each hour served. Committee members will receive no other
compensation or reimbursement from the Company.
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ARTICLE 20 - TRAINING
20.1 When the Company initiates service on new types of aircraft, avionics, engines, related testing or
ground servicing equipment, required training, including manufacturer’s training schools, will be provided by
the Company. The Company agrees to provide training on aircraft that are on the repair station certificate
and the Company operating certificate. If the Company deems it advisable to perform training on aircraft,
avionics, engines, related testing or ground servicing equipment not new to the Company, such training will
be provided by the Company.
20.1(A) Unless otherwise stipulated, the term “Employee(s)” in this Article refers to Technical and
Non-Technical personnel, as well as Maintenance Controllers.
20.2 The selection of Technical personnel for certified aircraft, avionics or engine manufacture training
schools will be on the basis of seniority within the seniority group(s). The selection of Maintenance
Controllers (MC) for said training is on the basis of seniority by assigned Fleet Desk(s).
20.2(A) If the Company has one (1) or more training positions available for Technical personnel for all
shifts in each seniority group, the Company will post equal bids for all shifts by seniority group.
20.2(B) If the Company has one (1) or more training positions available for Technical personnel for
less than all shifts within the seniority group, the Company will open bidding for training as follows:
20.2(B)(i) For Technical personnel the training position will be awarded to the most senior bidder;
provided the most senior bidder has not attended school within the past twelve (12) months. Where
the most senior bidder has attended school within the past twelve (12) months, the training position
will be awarded to the next senior bidder who has not attended school within the past twelve (12)
months. If all bidders have attended school within the past twelve (12) months, the training position
will be awarded to the most senior bidder.
20.2(B)(ii) The Company is not obligated to train more than two Technical personnel from the
same shift, if there are less than two Technical personnel on any other shift who have not attended
the training, and have bid to attend the training. Such bid shall be awarded by seniority except as
limited by the above.
20.2(B)(iii) The Company will not train more than two (2) Technical personnel in succession
from the same shift, if there are senior Technical personnel on other shifts who have not attended
the training and have bid to attend the training.
20.2(C) Technical personnel and MC with less than one (1) year of seniority will not be
permitted to bid on a training school, unless a position is available when the bid for the school is
closed.
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20.3 In the event of assignment to any scheduled training school, the Employees assigned to such school
will have their shift, and/or days off, and hours of service changed temporarily, to the extent necessary to
adopt the training schedule of such school, provided, however, that such Employees will be paid at their
existing rate.
20.3(A) Week or longer training schools (all Employees). Weeklong training schools, for purposes of
calculating overtime, will be Monday through Friday. Times of the training will be posted upon
announcement of the training class, equal to eight (8) hours per day. Employees will not be required to
work the day before or the day after the scheduled weeklong training school. Calculating which day(s)
said Employee(s) would be scheduled “off” due to a training school, will be in accordance with a
scheduled workweek (Sunday through Saturday).
20.3(B) Less than one week training schools – In the event the training school is less than a scheduled
weeklong training school, but more than fifty percent (50%) of an Employee’s regular daily shift,
each day will be considered a “day for a day”. If the total schedule for training is fifty percent (50%) of
an Employee’s regular daily shift, or less, the Employee will receive a minimum of fifty percent
(50%) of his regular daily shift, and such time will be considered an “hour for an hour”. If the training
school begins less than eight (8) hours after the Employees scheduled shift ends, the Employee shall
have the day before the first training school day scheduled off, with pay. Consideration will be given to
allow Employees to start their normal shift, up to four (4) hours early.
20.3(C) Posted overtime, if available, may be worked immediately before or immediately after the
scheduled training hours only. This overtime, while in training, will be on a voluntary basis. Employees
scheduled for training of four (4) hours or less, may work the remaining posted overtime offered for that
day, not to exceed nine (9) hours. Employees scheduled for more than four (4) hours may only work the
hour difference between their normal scheduled shift and the maximum posted overtime offered, not to
exceed thirteen (13) hours duty per day.
20.3(D) Employees in training will be considered not on duty for purposes of being called for duty, shift
overtime, mandatory overtime, or field service on scheduled training days, including all non-training
days, which may be in between the beginning and the end of the scheduled training school.
20.3(E) All Employees will be notified of required training, at least thirty (30) days prior to the
scheduled training day if such training is on an Employee’s regular day off. Such required training on
Employee’s regular day off will be limited to no more than two (2) training schools per year. The
Company reserves the right to junior assign training to Employees for training schools in which
there are an insufficient number of Employees submitting bids.
20.4 The selection of Technical or Non-Technical personnel for related testing or ground servicing
equipment training (certified or not) will be on the basis of seniority within the seniority group(s). In its
attempt to equalize related testing or ground servicing equipment training on all shifts, the Company will not
train more than two (2) Technicians or Non-Technical personnel in succession from the same shift, if there
are senior Technicians or Non-Technical personnel on other shifts who have not attended the related
testing or ground servicing equipment training school being offered and have expressed a desire to attend.
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20.5 The Company shall provide additional technical training, where applicable, for Non-Technical
groups covered by this Agreement.
20.6 Notwithstanding any provision of sub-paragraph 20.2, above, a Technical or Non-Technical
employee who places a bid for a training school pursuant to this Article, who has not previously
attended the training school, will be awarded the bid before a Technical or Non-Technical employee
who has already attended the same training school. A Technical or Non-Technical employee
placing a bid, who has already attended the training school may be awarded the bid only if: (a)
there are an insufficient number of Technical and/or Non-Technical employees submitting bids who
have not attended the training school or (b) if all Technical and/or Non-Technical employees on the
seniority list, including Technical and Non-Technical employees with less than one year of seniority,
have attended the training school. This paragraph will not apply to recurrent training.
20.6(A) For Maintenance Controllers, preference for training in all cases will be given first to
Controllers on the Fleet Desk by seniority who have not had the training, including Controllers
with less than one year of service. When everyone on the Fleet Desk has had the training, bids
will be accepted from Controllers assigned to different Fleet Desks. Controllers will be allowed
to repeat a training school only if an insufficient number of Controllers have bid for the
training. This paragraph will not apply to recurrent training.
20.7 An Employee who fails a training exam offered pursuant to this Article may be prohibited
by the Company from attending a subsequent training school until such time as he successfully
completes the failed training exam; provided, that the Company will not unreasonably withhold re-
take opportunities for an Employee; and provided further, that a prohibition imposed pursuant to
this sub-paragraph will not extend beyond 24 months from the date of the first failed training
exam. An Employee who fails a training exam and is prohibited from attending a subsequent
training school as provided in this sub-paragraph may re-take all or part of the training program
associated with the failed training exam on his own time and at his own expense, if permitted by the
training vendor at no cost to the Company; provided, the Employee will receive training pay for
time spent actually re-taking the failed training exam.
20.8 For Field Service only, the Company may designate positions within a training school for
attendance only by Technical personnel holding Field Service positions. The Field Service training
school positions will be awarded to Technical personnel holding Field Service positions in seniority
order. In the event that an insufficient number of Technical personnel holding Field Service
positions bid for the training school, said positions will be assigned in reverse seniority order to
Field Service Technical personnel first, then to Technical personnel on the back-fill list. At the
Company’s discretion, said training may also be offered to other Technical personnel in accordance
with the provisions of sub-paragraph 20.2, above.
20.8(A) For Technical personnel who have been awarded Field Service positions, each training
day will be considered a “day for a day” up to five (5) days (fifty (50) hours of work), for a five
(5) day school, not to exceed eighty (80) hours for a two (2) week school.
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20.9 Mentoring / On-the-Job Training
The work schedule of a Maintenance Controller who is assigned to a mentor may have his schedule
adjusted to the extent practicable to mirror that of the mentor.
20.10 Other Training
All Maintenance Controllers will be required to attend other additional training as may be deemed
appropriate by the Company. Computer-based training, if any, will be completed as directed by
the Company. The Company will provide a reasonable window of time within which each
computer-based training module shall be completed. To facilitate such training, Maintenance
Controllers may coordinate with other Maintenance Controllers so that training does not conflict
with other duties. If the training window is less than fourteen (14) calendar days in duration, the
Company will upon request by a Maintenance Controller, limit the Maintenance Controller’s other
responsibilities to the extent necessary to provide him with a reasonable opportunity to complete
the training.
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ARTICLE 22 - JOB CLASSIFICATIONS
22.1 The recognized Job Classifications in the Technical and Non-Technical seniority groups shall be
defined as follows:
22.1(A) Quality Control/Inspector - The work of a Quality Control/Inspector shall consist of the
overall inspection of aircraft (including power plant) in connection with major repairs and/or
overhaul. The work of a Quality Control/Inspector shall include major and intermediate checks, the
inspection of materials, parts and sub-assemblies but not necessarily the inspection of materials, parts
and sub-assemblies required of a Technician to accomplish his work. A Quality Control/Inspector
must be capable of performing the inspection of work assigned in accordance with the duties of
“authorized inspector” as set forth in the RSM and must hold such valid licenses as are required by
the Federal Aviation Regulations to fulfill their duties as Quality Control. Quality
Control/Inspectors may be required to sign for their own work and inspect and approve the
work of others; provided, however, that such inspection and approval shall not relieve any
other technician of applicable license requirements and legal responsibility for the work he has
performed or from being required to complete and/or sign appropriate Company work records.
22.1(B) Lead Technician - A Lead Technician shall be an Aircraft Technician who, as a working
member of a group, is charged with the responsibility of leading, directing, instructing, on-the-job
training and approving work of his assigned group. Lead Technicians may be required to sign for
their own work and inspect and approve the work of others in the group; provided, however, that such
inspection and approval shall not relieve any other member of his group of applicable license
requirements and legal responsibility for the work he has performed or from being required to
complete and/or sign appropriate Company work records. Lead Technicians shall be responsible for
the completion of paper work and reports in connection with their normally assigned duties. Lead
Technicians must hold such valid licenses as are required by the Federal Aviation Regulations to
fulfill their duties as Lead Technician. Lead Aircraft Maintenance Technicians must be capable of
performing inspection work assigned to their crews.
22.1(C) Aircraft Maintenance Technician - The work of an Aircraft Maintenance Technician shall
consist of all work generally recognized as Aircraft Maintenance Technician’s work performed by or
on behalf of the Company in or about its domestic maintenance bases, shops and maintenance
stations, including but not limited to wing walking, checks, dismantling, overhauling, repairing,
replacing, assembling and erecting all parts of aircraft, aircraft engines, instruments, electrical
systems, heating systems, hydraulic systems and machine tool work in connection therewith. Aircraft
Maintenance Technicians must hold such valid licenses as are required by the Federal Aviation
Regulations to fulfill their duties as Aircraft Technicians.
22.1(D) Lead Avionics Technician - The work of a Lead Avionics Technician shall be the same as
that of an Avionics Technician and, in addition, shall be the employee who assigns and directs the
work of the Avionics Technicians. Lead Avionics Technicians shall be responsible for the
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completion of paper work and reports in connection with their normally assigned duties. Lead
Avionics Technicians must be capable of performing inspection work assigned to their crews.
22.1(E) Avionics Technician - The work of an Avionics Technician shall consist of all work
generally recognized as Avionics Technician’s work performed by or on behalf of the Company in or
about its domestic maintenance bases, shops and maintenance stations, including but not limited to
repairing, maintaining and troubleshooting diagnostics avionics equipment, cockpit communication
and navigation equipment, flight management systems, pitot and static systems, electronic systems,
electrical switch, pin and connector replacement, wiring deficiencies discovered during post-flight
and during scheduled inspections, bench tests, removal and installation of existing avionics
equipment, equipment racks, plugs and associated wiring, fabrication or modification of structures
needed to meet Federal Aviation Administration specifications, and maintenance of avionics lab.
Employees hired after the ratification of the Agreement who bid for an Avionics Technician vacancy
must hold an FCC general radio telephone operator’s license. Avionics Technician personnel may be
assigned to assist with other technician related work as required to meet the needs of the service.
22.1(F) Fueler - The work of a Fueler shall consist of fueling all Company aircraft and vehicles,
towing aircraft, inspection, fueling and minor and preventative maintenance/repair of ground support
equipment, servicing oxygen, nitrogen and oil carts, keeping ramp areas clean and clear of
obstructions, reporting any known mechanical, operational or safety problems on Company ground
support equipment and vehicles, parking of aircraft, chocking, contacting flight crews to obtain fuel
loads and other aircraft service needs, wing walking and other work customarily performed by
Fuelers.
22.1(G) Lead Fueler - A Lead Fueler shall be a Fueler who, as a working member of a group, is
charged with the responsibility of leading, directing, conducting on-the-job training, and approving
the work of his assigned group. Lead Fuelers may be required to sign for their own work. Lead
Fuelers shall be responsible for the completion of paper work and reports in connection with their
normally assigned duties.
22.1(H) Stock Clerk - The work of a Stock Clerk shall consist of shipping and receiving parts,
materials, equipment and inventory, stocking and logging, commissary work; delivery of parts to and
from airports and ground locations to domestic maintenance bases, distribution of tools, parts,
materials and inventory to Aircraft Technicians, Avionics Technicians and Lead Technicians, the
preparation of required records and reports and other work customarily performed by Stock Clerks.
22.1(I) Lead Aircraft Cleaner - A Lead Cleaner shall be a cleaner, who as a working member of a
group, is charged with the responsibility of leading, directing, conducting on-the-job training and
approving the work of his assigned group. Lead Cleaners shall be responsible for the completion of
paper work and reports in connection with their normally assigned duties.
22.1(J) Aircraft Cleaner - The work of a Cleaner shall consist of cleaning, washing and polishing
the interior and exterior of aircraft at or about domestic maintenance bases, stocking aircraft,
replacement of aircraft seat covers and aisle rugs on service checks and turnaround flights, putting
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down carpets for passengers, assisting passengers with baggage and the driving of Company motor
vehicles when necessary in connection with performing the work of a Cleaner, wing walking, spot
cleaning the hangar floor and other work customarily performed by Cleaners.
22.1(K) Painter - The work of a Painter shall consist of painting aircraft to include touch-up work,
maintaining paint equipment in proper working order and notifying shift supervisors of necessary
repairs, proper disposal of paint and stripper materials and other work customarily performed by
painters.
22.2 The recognized Job Classifications in the Maintenance Control seniority group shall be
defined as follows:
22.2(A) Maintenance Controller - The work of Maintenance Controller shall consist of applying
Company policy and procedures, as directed, to participate in the process of administering
when, where, and by whom aircraft will be repaired. This may include serving as a point of
contact for maintenance-related items; contacting maintenance personnel in connection with
the clearance of unscheduled maintenance discrepancies; monitoring the airworthiness status of
operational aircraft and the progress of unscheduled maintenance events; providing
operational support of in-service aircraft through the coordinated use of an approved
Minimum Equipment List (MEL) and Configuration Deviation List (CDL); administering
certain repair, deferral, and return-to-service decisions in accordance with policies and
procedures; providing maintenance-related information to other company personnel; ensuring
compliance with policies, procedures, and manuals; and/or other work customarily performed
by covered Maintenance Controllers. At the Company’s request, a Maintenance Controller
also may serve on teams tasked with developing and revising maintenance policies, procedures
and manuals or act as Temporary Air Boss.
22.2(B) Lead Maintenance Controller - A Lead Maintenance Controller shall be a Maintenance
Controller who, as a working member of the group, is charged with the responsibility of
leading, directing, instructing, assisting and performing on-the-job training of Maintenance
Controllers. The Lead Maintenance Controller may also serve as point of contact between
management, Assistant Chief Pilots, Chief Pilots and Maintenance Controllers as assigned by
management.
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22.3 Minimum Qualifications
MAINTENANCE CLASSIFICATIONS MINIMUM QUALIFICATIONS MATRIX - ARTICLE 22.3
All Classifications High school diploma or equivalent
Ability to read, write, understand, and speak fluently in English
Ability to qualify for required security clearances, access permits, and badges
Ability to meet the physical demands of the job
Other classification-specific qualifications as noted below.
Aircraft Cleaner Valid driver’s license
Aircraft
Maintenance
Technician (AMT)
Valid driver’s license
Airframe and Power Plant (A&P) Mechanic Certificate
2 years’ experience exercising A & P certificate, Bachelor’s Degree in Aviation Maintenance
Technology or equivalent from an FAA-accredited program, or two years of experience as an
Avionics Technician and successful completion of a trade test; provided, an employee who qualifies
through service as an Avionics Technician and trade testing shall be subject to a 180 day competency
review period instead of a 90 day competency review period
Avionics
Technician
Valid driver’s license
FCC General Radio Telephone Operator’s License
2 years’ experience exercising FCC General Radio Telephone Operator’s License or two years of
experience as an AMT and successful completion of a trade test; provided, an employee who qualifies
through service as an AMT and trade testing shall be subject to a 180 day competency review period
instead of a 90 day competency review period
Fueler Valid driver’s license
Satisfactory completion of Fueling Safety Program
1 year experience aviation fueling or equivalent hazardous materials transportation or one year of
experience in a Technical Classification (or, solely in the Company’s discretion, another
classification) and successful completion of a trade test; provided, an employee who qualifies through
service in a Technical Classification and testing shall be subject to a 180 day competency review
period instead of a 90 day competency review period
Lead AMT Valid driver’s license
A&P Mechanic Certificate
4 years’ aviation experience exercising A & P certificate
RII inspection authorization
Must hold any and all valid licenses as may be required by the FARs to fulfill their QC duties
Holds engine run cards for 50% of NJA fleets in which he is qualified to obtain one; provided,
training is reasonably been made available and posted/updated
Lead Avionics
Technician
Valid driver’s license
FCC General Radio Telephone Operator’s License
4 years’ experience exercising FCC General Radio Telephone Operator’s License
Must hold any and all valid licenses as may be required by the FARs to fulfill their QC duties
Maintenance
Controller
A&P Mechanic Certificate
Five (5) years exercising A&P license
Painter 3 years’ experience in aviation or equivalent painting (e.g. automotive) or one year of experience in a
different classification and successful completion of a trade test; provided, an employee who qualifies
through service in a different classification and testing shall be subject to a 180 day competency
review period instead of a 90 day competency review period
Quality Control
Inspector
Valid driver’s license
A&P Mechanic Certificate
4 years’ aviation experience exercising A&P certificate
Must hold any and all valid licenses as may be required by the FARs to fulfill their QC duties
RII inspection authorization
Stock Clerk Valid driver’s license
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ARTICLE 23 - MOVING EXPENSES
23.1 Covered Moving Expenses
Employees covered under this Agreement shall be entitled to moving expenses under the following
conditions:
23.1(A) Voluntary Moves
The employee moves after being awarded a bid position that the Company has identified on the
bid posting as eligible for moving expenses; or
23.1(B) Involuntary Moves
The employee moves after his domicile closes and he is awarded a bid position at a location covered
by this Agreement; or
23.1(C) Furlough and Recall
The employee is entitled to moving expenses as set forth in Article 26 (Furlough and Recall) of the
Agreement.
23.2 Maximum Reimbursement
When an employee is eligible for moving expenses in accordance with the provisions of Section
23.1(a), the maximum reimbursement will be stated on the bid posting. When an employee is
eligible for moving expenses in accordance with the provisions of Section 23.1(b) or 23.1(c), the
Company shall pay the actual expenses incurred for moving household effects up to a maximum of twelve
thousand (12,000) pounds, including packing, unpacking, shipping, insurance and storage where required
for a period not to exceed thirty (30) days. The employee must exercise his right to obtain moving
expenses within one (1) year of the day he reports for assignment at the new maintenance base/domicile.
The Company shall furnish commercial air transportation for the employee and his dependents. If the
employee must drive his own car, the Company shall pay the IRS mileage for the most direct Google
Maps or Equivalent mileage between the two points involved. The rate will be adjusted annually
according to the IRS.
23.3 Food and Lodging
For automobile travel, the Company shall reimburse the employee for reasonable and actual expenses
incurred in transit for food and lodging. Reimbursement for food shall not exceed Fifty Dollars ($50.00) per
day for the employee, Fifty Dollars ($50.00) per day for his spouse/domestic partner, and Fifty Dollars
($50.00) per day for each dependent not over the age of twenty-one (21) accompanying the employee. The
Company shall reimburse the employee for expenses incurred for lodging not to exceed Two Hundred
Dollars ($200.00) per day total. All expenses must be substantiated in accordance with the Company’s
Non-Crew Business Expense Policy.
23.4 Payment of Expenses
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An employee will submit for moving expense reimbursement in writing and provide the Company with
receipts. The Company shall reimburse the employee within two (2) weeks of receipt of a properly
submitted moving expense claim.
23.5 Duty Free Days
An employee shall be allowed a reasonable number of days free from duty before commencing his move
to his new maintenance base/domicile. In addition, travel time and a reasonable number of days free from
all duty at the new maintenance station shall be allowed. En route travel time by car shall be based on
three hundred fifty (350) miles per day using Google Maps or Equivalent mileage.
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ARTICLE 24 - GENERAL
24.1 A refusal to sign for an aircraft where there is reasonable doubt as to airworthiness shall not be cause for
disciplinary action.
24.2 Any person leaving the Company will be given a letter stating Company record of qualifications and
length of service.
24.3 Work performed at CMH or at a base established pursuant to Article 1 by personnel in the
Mechanics and Related Employees and Stock Clerks crafts or classes shall not be performed by
employees outside said crafts or classes, except management/supervision may perform work on a
temporary basis in emergencies, or for instruction/training purposes, or when qualified personnel are not
available. “Emergency” and/or “not available” as used in this paragraph does not mean a situation where
the Company has unreasonably failed to hire sufficient employees or failed to ensure that a sufficient
number of employees are assigned to a shift or department. Employees’ rights to perform overtime in
accordance with the Agreement shall not by limited or reduced by operation of this Section.
24.4 The employee and business agent will receive a copy of any record in the employer’s file which may be
construed as criticism or reprimand of employee. Any such record shall be removed after one (1) year from
the incident.
24.5 In the event nationwide or industry-wide usage of metric hand tools or any tools other than S.A.E.
standard becomes mandatory, the Company will make every effort to procure bulk purchase of such hand
tools for employees and will extend to employees any discounts received in such purchase when selling tools
to employees.
24.6 In the event, an employee in one classification is temporarily performing the duties of another
classification; his pay will not be reduced.
Employees in one seniority group may assist in the completion of a job in another seniority group as
long as no employees are on layoff from the group being assisted. An employee who has been notified to
return from layoff shall not be considered to be on layoff.
24.7 Employees shall be allowed reasonable access to their personnel file. Upon request to the employee’s
manager/supervisor, the manager/supervisor will schedule a meeting within two (2) working days. At that
time, the employee shall be given the opportunity to review their personnel file.
24.8 All test flights on Company or customer aircraft shall be offered to the senior employee performing
maintenance on the aircraft in question. In the event that the employee does not accept the test flight, the test
flight will be offered on the basis of seniority in each seniority group on duty. In the event that no employee
on duty accepts the test flight, it will be offered on the basis of group seniority. In the event that no employee
accepts the test flight, the least senior employee in the seniority group will be assigned to take the test flight.
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24.9 If an employee is required to perform the duties of a Lead, the employee will be paid the Lead
pay in accordance with Article 33 “other pay items” for that workday. These provisions do not apply to
Light Duty as described in Article 25.13 and those employees assisting another bargaining group under
Article 24.6.
24.10 Management may not use security personnel, video, audio or electronic recording equipment for the
surveillance of employees for disciplinary purposes, except for the following offenses:
Fighting
Theft
Destruction of property (Company or Personal)
Drug or Alcohol Consumption
Physical horseplay
Intentionally causing a safety hazard
Nothing in Article 24.10 imposes any restrictions or limitations on the use of information discovered
through a routine call monitoring/recording program.
24.11 When serving on a Company Interview Panel during an unscheduled workday or beyond scheduled
work hours, an employee requested to serve four (4) hours or less will receive “hour for hour” compensation.
Any service beyond four (4) hours will be compensated with a “day for a day” for each day of service. A
written request from the employee must be submitted within 180 days of serving on the Interview Panel and
the request must be at least three (3) days in advance to schedule the “day for a day”. Unless mutually
advantageous and work schedule permitting, no more than one (1) employee may schedule the same “day for
a day” as it relates to the Interview Panel. An employee may choose overtime pay, in lieu of “hour for hour”
or “day for a day” compensation, at the applicable overtime rate, provided “posted overtime” is open for that
group.
24.12 New hire employees will not be placed on the Seniority List until they have been placed on the
Company’s active payroll.
24.13 The NJA/NJS operating regulations, basic rules of conduct affecting the employees, and
employee responsibilities and other standards as revised from time to time shall be applicable to the
employees covered by this Agreement. Employees will be governed by such rules and regulations and
other orders issued by properly designated authorities of NJA/NJS that are not in conflict with this
Agreement. NJA/NJS and the Union will discuss all changes to the policies and procedures prior to
implementation. The Union shall be provided with a copy of the applicable NetJets’ policy and/or
procedure manual and receive copies of all subsequent changes during the term of this Agreement.
24.14 No employee covered by this Agreement will be interfered with, restrained, coerced or discriminated
against by NJA/NJS because of membership in or lawful activity on behalf of the Union.
24.15 It is understood in this Agreement that employees or jobs referred to in the male gender shall be
recognized as referring to both male and female.
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ARTICLE 25 - SICK LEAVE
25.1 An employee shall be entitled to sick leave with pay based upon accrual of sick leave credit.
25.2 Technical and Non-Technical employees shall accrue sick leave credit hours, equal to the number
of hours paid in his regular work day (e.g. 10, 12, or 13 1/3), for each calendar month of service in the
employ of the Company. Maintenance Controllers shall accrue 56 hours of sick leave credit hours
annually, and this amount will be prorated monthly and accrued each calendar month of service in the
employ of the Company. A leave credit will accumulate until the employee has a total sick leave credit of
five hundred twenty (520) hours. Accrual shall cease when the maximum is obtained and shall not start again
until the accrued sick leave drops below five hundred twenty (520) hours. Sick leave accrual starts on date of
hire.
25.3 Employees must notify their Department Supervisor if unable to work because of illness or injury,
and doctor’s certification shall be required for illness or injury which lasts three (3) or more days as well as
for return to work.
25.4 After the probationary period, sick leave with pay, if accrued, shall be allowed whenever an
employee’s absence is found to have been due to illness or injury and sick leave with pay is requested,
consistent with his accrual. The Company may require that an employee who claims sick leave be examined
by a Company designated physician. The Company shall assume all expenses pertaining to any such
examination by a designated physician. An employee who is required to be examined by a physician will
also be required to submit to the Company a physician’s certification upon return to work which shall state
(1) the day the employee was examined by the health care provider; and (2) confirmation that the employee
may return to or continue working.
25.5 An employee shall not be considered on sick leave when ill or injured until he is unable to report for
scheduled duty. Sick leave shall end when the employee is available for duty.
25.6 An employee who incurs a job-related illness or injury while away from his base shall be provided
with proper medical attention and hospitalization, if necessary, at Company expense and returned to this base
by the Company at the earliest possible time.
25.7 Employees shall make every effort to inform the Company as soon as possible, but no later than
thirty (30) minutes before scheduled duty or scheduled overtime, of inability to report for such duty or
overtime because of illness or injury unless circumstances beyond the employee’s control prevent him from
doing so. In such cases, he shall inform the Company as soon as practicable.
25.8 Upon request from an employee, the Company shall issue to that employee a sick leave accrual
calculation. This calculation will indicate the number of sick leave hours accrued for the employee.
25.9 When leaves are granted on account of sickness or injury, an employee shall retain and continue to
accrue his seniority until he is able to return to duty or is found to be unfit for such duty, except that in no
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case shall leave for sickness or injury exceed a total continuous period of two (2) years. During the period an
employee is on leave, the Company may require the employee to submit to at least one (1) Company physical
examination. When such examination is scheduled by the Company at a location other than in the immediate
area of the employee’s base, the Company shall furnish the transportation and pay reasonable actual expenses
for the employee, and shall schedule such examination at the employee’s convenience.
25.10 Employees who have accumulated more than two hundred forty (240) hours but less than four
hundred (400) hours of accrued sick leave as of December 31 of any year, will be afforded the opportunity,
once each year, for the Company to buy back up to a maximum of forty (40) hours. Employees who have
accumulated more than four hundred (400) hours accrued sick leave as of December 31 of any year,
will be afforded the opportunity, once each year, for the Company to buy back up to a maximum of
sixty (60) hours. The Company will pay 75% of the regular hourly pay for each hour the employee elects to
turn back. The rate shall increase to 100% of the regular hourly rate if the employee accrues sick leave
credits in at least nine months during the year and utilizes as sick leave less than one-half of the
number of sick leave hours that he accrues. The employee must notify the Company in writing before
December 31 that he desires said payment. All payments shall be made with the first full payroll period
during February.
25.11 When leaves are granted because of sickness, accrual shall cease when employees have not worked
during the first day through last day of the month. Sick leave accrual continues if the employee works 80 or
more hours during a calendar month.
25.12 When leaves are granted on the basis of a work-related injury, accrual of sick time shall continue.
Employees are not permitted to use the accrued sick time until they have been released to return to work as an
active full-time employee.
25.13 The Company agrees to make provisions for “Light Duty” for up to one (1) employee per shift based
on seniority whose duty is limited due to a non-job related injury, for a maximum of six (6) months. The
company may require a doctor’s certificate verifying the employee’s limited fitness for duty. The employee
will not be subject to overtime policies, unless approved by the Company, but will be guaranteed a minimum
of forty (40) paid hours of work per week. The Company may change an employee’s shift to accommodate
the employees Light Duty restrictions. While on “Light Duty”, the provisions in Section 24.12 do not apply.
In addition, the Company agrees to make provisions for “Light Duty” for up to two (2) employees per shift,
based on seniority whose duty is limited due to a job-related injury. The Company may require a doctor’s
certificate verifying the employee’s limited fitness for duty. The employee will not be subject to overtime
policies, unless approved by the Company, but will be guaranteed a minimum of forty (40) paid hours of
work per week. The Company may change an employee’s shift to accommodate the employees Light Duty
restrictions. While on “Light Duty”, the provisions in Section 24.12 do not apply.
In no case can there be more than two (2) employees on “Light Duty” on any one shift and no more than one
(1) from any seniority group on that shift.
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Employees on “Light Duty” will be excluded from Field Service assignments for the duration of the “Light
Duty” period.
Light Duty shall not apply in the MCC Seniority Group.
25.14 Each time a day of sick leave is used, the number of sick hours equivalent to the length of the
employee’s regular scheduled workday shall be deducted from the employee’s balance of sick leave accrual.
25.15 Whenever an employee claims workers compensation, due to an injury while on duty, the Company
will pay the employee for scheduled hours that were unable to be worked, up to forty (40) hours, for the
initial seven (7) days, after the injury. If the injury is denied coverage under workers compensation, the hours
paid to the employee shall be charged against the employee’s sick time accrual.
25.17 The parties may implement a perfect attendance bonus by mutual agreement.
25.18 When an employee claims sick leave (illness of five (5) days or fewer consecutive workdays) at
least three (3) non-consecutive times within a rolling 90-day period, the sick leave will be classified as
“excessive absenteeism” for purposes of discipline. For each one hundred 150 consecutive day period
without sick leave from his last sick leave related disciplinary event, an employee shall have the oldest
sick leave related disciplinary event removed from his attendance record/personnel file.
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ARTICLE 26 - FURLOUGH AND RECALL
26.1 When a reduction in personnel becomes necessary, employees will be furloughed in reverse order of
seniority in their respective seniority group (i.e. Technical or Non-Technical) and job classification at their
respective location/facility. Each employee to be furloughed shall be notified of the furlough and the
probable duration thereof in writing, at his last filed address. Employees to be furloughed shall be given at
least two (2) weeks notice, or two (2) weeks pay in lieu of such notice.
26.2 Each furloughed employee shall file his correct address, in writing, with the applicable General
Manager, or his designee, and shall promptly advise that individual, in writing, of any subsequent change
of address. The effective date of notice of furlough or recall shall be the date that the Company sends such
notice to the employee involved at the last address, which he has filed with the Company. The Company
shall advise the employee of these requirements immediately before the employee assumes furlough status.
26.3 Employees affected by a furlough may exercise the following displacement options, or may elect to
take a furlough at any step of the process:
26.3(A) Displace any employee with less seniority in his own facility/location in his own job
classification and seniority group whom he is qualified to displace. If there are none, then;
26.3(B) Displace any employee with less seniority in any other facility/location in his own job
classification and seniority group whom he is qualified to displace. If there are none, then;
26.3(C) Displace any employee with less seniority in his own facility/location in any other classification
in his own seniority group whom he is qualified to displace. If there are none, then;
26.3(D) Displace any employee with less seniority in any other facility/location in any other
classification and in any other seniority group whom he is qualified to displace.
26.3(E) An employee entitled to exercise Option B above may instead exercise Option C above.
26.3(F) Notwithstanding the above, a technical or non-technical employee shall not displace a
Maintenance Controller unless he has been previously assigned to the Maintenance Controller job
classification nor shall a Maintenance Controller displace a technical or non-technical employee
unless he has previously been assigned to the job classification.
26.4 An employee who does not have the seniority to displace an employee in his own facility but has
the seniority to displace an employee in another facility/location shall receive moving expenses in
accordance with Article 23.
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26.5 An employee in the Technical Group shall be considered qualified to displace an employee in the
Non-Technical Group. An employee in the Non-Technical Group shall be considered qualified to
displace an employee in any job classification contained in the Non-Technical Group.
26.6 When the Company recalls furloughed employees, such employees shall be notified of recall, in
writing in order of seniority. The notification shall specify a date of return to active duty and the
location/facility. Employees shall be granted no less than fourteen (14) days to return to active duty from the
date the recall notice is delivered; provided, employees who exercise their right to displace employees at
other bases pursuant to this Article shall have the right to return to their former base in conjunction with
recalls from furlough. Said employees shall have no less than thirty (30) days to return to their former base in
connection with recall unless another time period is mutually agreed to by the Company and Union.
Employees who choose to exercise their return rights will not be eligible for moving expenses.
26.7 Each employee shall answer his recall notice, in writing, within seven (7) calendar days from the
time when delivery of such notice has been made at the employee’s last filed address and must report on the
day specified unless the employee is working. Such answer must be sent by the employee to the applicable
department head or their designee, and state the employee’s intent to accept or reject recall. The Company
shall explain this requirement in the recall notice.
26.8 Notifications and answers thereto specified in paragraphs 26.1, 26.6, 26.7 and 26.10, shall be by
certified mail, return receipt required, for the time limits specified in this Article; provided, employees may
elect to answer a recall notice by electronic mail or facsimile so long as receipt by the Company can be
verified. The Company shall advise employee of these requirements at the appropriate time.
26.9. There shall be no limitation on an employee’s recall rights.
26.10 An employee on furlough shall not refuse recall; however, he may defer recall, provided there is a
more junior employee on furlough. The Company shall inform the employee if a more junior employee is on
furlough. If an employee defers and all recall positions are filled, the employee who deferred must wait until
another recall to exercise his rights of recall. An employee who defers recall shall be notified of all recall
opportunities while on deferral status. If an employee refuses recall and there are no junior employees on
furlough, said employee’s name shall be removed from the seniority list.
26.11 When an employee is prevented by reason of illness, injury, bereavement, jury duty or similar reason
for complying with the foregoing provisions, he shall remain on furlough status until such reason has been
removed, so long as there are more junior employees on furlough. An employee shall not lose his seniority
nor forfeit his recall rights.
26.12 Furlough Pay
Employees who are furloughed shall receive one (1) week of furlough pay for each full year of service
with a minimum of two (2) weeks and a maximum of sixteen (16) weeks. The specific amount of
furlough pay shall be based upon the employee’s existing rate on the day he is furloughed. Payments
shall be made over successive pay periods corresponding to the Company’s normal pay period until such
time as the furlough pay entitlement is exhausted.
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26.13 Medical, Vision and Dental Insurance While on Furlough
The length of time an employee on furlough shall continue to receive Company paid Medical, Vision and
Dental insurance benefits shall be equal to the period of time the employee receives furlough pay. If an
employee’s furlough pay entitlement includes .5 of a month, the length of his entitlement to benefits
pursuant to this paragraph shall be rounded up to include the entire month. During the benefit period, the
Company will make all insurance premium payments on behalf of the employee. During the benefit
period, the employee is responsible for making any required contribution toward premium in effect
immediately prior to his furlough, or as may apply thereafter, so long as such contributions apply equally
to non-furloughed employees covered by the Agreement. Employees wishing to continue coverage
beyond the period of time set forth in this paragraph must do so in accordance with COBRA.
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ARTICLE 27 - SHIFTS AND DAYS OFF
27.1 Shift assignments will be awarded on the basis of seniority. All shift positions will be re-bid at
least once every six (6) months; provided, Maintenance Controllers may only change fleets during the
bid in April of each year. The Parties may eliminate the aforementioned fleet restriction by mutual
agreement.
27.1(A) The bid effective date is during the first effective pay period in the months of April and
October at a minimum.
27.1(B) Shift Assignments
27.1(B)(i) Bid sheets for shift assignment positions shall be posted and distributed no less than
four (4) weeks before the bids are to take effect. Employees must return completed bid sheets
within one (1) week of posting and distribution. The bid will close two (2) weeks after posting
and distribution. Bids will be awarded to each employee in each seniority group on the basis of
seniority, provided that leads and QC positions will be treated as separate groups for shift
bidding (e.g., Lead Technician bids only against Lead Technician). Bid awards will be posted
one (1) week after the bids close. The Company will consult with the Union on the bid sheet
format and any change thereto in advance. The Company shall allow one Union steward to be
present during the bid award process to ensure that seniority rights have been respected. The
Company shall make bidding information and bid sheets available to employees through the
Company’s website. Hard copies of the bid sheets and related information will be available on
shift through the employee’s shift manager. The Company and Union shall cooperate to ensure
that the bidding procedure referred to in this paragraph is administered in a fair and efficient
manner.
27.1(B)(ii) MCC Controller Preference Form - Each Maintenance Controller will complete
and maintain an on-line MCC Controller Preference Form, indicating their name, current
shift and current fleet, as well as his/her preference for shift start time and Fleet choices, in
order of preference. He/she may also indicate whether their preference for shift or fleet
should take precedence, by utilizing the “Shift Waiver” choice. Shift and Fleet will be
assigned by seniority. Once Shift and fleet assignments are made, the rotation
schedule/pattern of work and rest days will be assigned to employees within the fleet by
seniority.
27.1(C) When an employee transitions from one shift to another in conjunction with shift bidding, the
employee must have a minimum number of hours off equivalent to the length of the new shift
between the end of the last work day on the old shift and the start of the first work day on the new
shift.
27.1(D) The number of employees assigned to shifts shall remain at the discretion of the Company.
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27.1(E) If an employee is on any leave of absence for more than a documented sixty (60)
consecutive days, the employee will not be eligible to bid until returning to work. However, if an
employee on a medical leave of absence desires to bid, said employee must provide a physician’s
statement verifying a return to work date that is prior to the effective date of the bid.
Employees on non-medical leaves of absence may also bid provided they are scheduled to
return prior to the effective date of the bid. Upon return to work, and prior to the next bid,
said employee will be returned to his previously assigned shift unless doing so would create an
operational hardship in which case management, after consultation with the Union and
employee, may assign the employee to another shift pending the next bid.
27.1(F) Base/Line
27.1(F)(1) Employees who bid and are awarded Line Maintenance work may be assigned to work
Base Maintenance tracks at management discretion; provided management shall do so in
accordance with the Agreement (e.g., start times, shifts);
27.1(F)(2) Employees who bid and are awarded Base Maintenance track work may be assigned to
assist on other Base Maintenance tracks at management discretion; provided management shall
do so in accordance with the Agreement (e.g. start times, shifts); and
27.1(F)(3) Employees who bid and are awarded Base Maintenance track work may be assigned to
Line Maintenance work only when their Base Maintenance aircraft track is at a point where the
employees can be released without impacting the scheduled release time as determined by
management in consultation with the lead technician assigned to the Base Maintenance track.
27.2 During a new hire employee’s probationary period, such employee will be assigned to a shift by the
Company, after shift bidding has occurred, and will not be subject to the bidding process outlined in this
Article. Prior to the completion of the employee’s probationary period, if a new shift bid occurs, the position
on a shift occupied by said probationary employee shall be considered vacant for purposes of the bidding
rights of non-probationary employees. At the end of the probationary period, the employee will bid at the
next bid but will remain on the assigned shift until the new bid takes effect.
27.3 Shift Assignment Changes Between Bids
27.3(A) If the Company elects to fill a shift assignment between shift bids, the shift assignment shall
be posted for no less than five (5) work days and awards/assignments will be made within three (3)
days after bids are closed. Bidding for such shift assignment shall be limited to employees holding
the same Job Classification.
27.3(B) When applying 27.3(A) to Maintenance Controllers, the General Manager, Maintenance
Control or his designee will fill the shift by assigning the senior Maintenance Controller who
has indicated a preference for that shift on the MCC Controller Preference Form. Fleet choice
then will be considered when more than one is available. If the Company determines additional
shifts assignments created through the application of this 27.3(B) exist, the General Manager,
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Maintenance Control or his designee will fill that shift by assigning the senior Maintenance
Controller who has indicated a preference for that shift/fleet on the MCC Controller Preference
Form.
27.4 In the event an assigned Lead or QC Inspector is not available to work their assigned shift, the
Company will determine if the work can be performed by a qualified employee who is on duty and
working in the same classification as the absent employee. It remains the decision of the employee to
accept the duties of any of these positions. If an employee agrees to perform the duties of any of these
positions, the employee will be paid in accordance with Article 33 “other pay items” for that work day. If
no employee agrees, the Company may assign the least senior qualified employee(s) to perform the
work. The Company will not be required to offer overtime or backfill positions based on individual
short-term absences.
27.5 Shifts, start times and end times will be as determined by the Company, subject to the rules set
forth in Article 32. Employees shall bid for a specific start time, end time and work days. Such times and
days may not be changed except in accordance with shift bidding as described throughout this Article.
27.6 Notwithstanding any of the above provisions, one (1) of the technical positions on each shift
seniority group of less than three (3) employees may be required to have two (2) years’ experience, of which
a minimum of six (6) months is with the Company.
27.7 The Company shall submit payroll changes for all bargaining unit members that receive “other pay
items” as stated in Article 33, within fifteen (15) days of completion of the bid. The payroll change will be
used to define the employee’s “pay,” “shift wage” and “pay rate” for this contract.
27.8 Reserved
27.9 Trades
27.9(A) Employees in the same classification who possess the same qualifications may trade one
or more of their days off with each other (“day trade”) or one employee may pick up a shift
from another employee without a reciprocal trade (“one-way trade”), with the Company’s
approval. Employees on a one-way trade may use a Vacation Day to make up for all hours on
an unpaid trade day off. If any trade will result in an employee working more than ten (twelve
for MCC) consecutive hours or seven consecutive days, or working two shifts with fewer than
eight hours off between them, the trade may only be made with the Company’s approval. The
Company will have sole discretion to grant or deny trades.
27.9(B) Employees will provide reasonable written/electronic notice of day/shift trades via a
mechanism designated by the Company. Both employees involved in the trade must
acknowledge submission of the trade. Once the trade has been submitted and approved, each
of the employees is then responsible for his own attendance on the date and times associated
with the approved trade. Upon reporting for work, a trading employee must give the
appropriate supervisor the name of the employee whose place he is taking.
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27.9(C) Once approved, all trades are the responsibility of the Employee accepting the trade
and will become a part of that Employee’s schedule. Notwithstanding the provisions of Article
28, an employee will not earn overtime as a result of a trade even if the trade results in the
employee working more than 40 hours in a workweek.
27.9(D) No trades are permitted between Classifications contained within this agreement except
as otherwise approved by the Company.
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ARTICLE 28 - OVERTIME
28.1 Except as set forth in Article 29, employees shall be paid overtime for actual time worked, in the
amounts and for work performed as follows:
a. Employees working a ten (10) hour day may work up to three (3) additional hours of
overtime in a work day. Employees working a twelve (12) hour day may work up to one
(1) additional hour of overtime in a work day. Employees working a thirteen (13) hour day
may not be required to work any additional hours of overtime in a work day. The restriction
may be waived by mutual agreement of the employee and the Company to permit an
employee to work up to 16 hours in a work day.
b. One and a half (1.5) times the regular straight time hourly rate of pay for hours worked in
excess of an employee’s regular work day, on an employee’s assigned day off, recognized
holidays or when work is performed pursuant to a call for duty on the day of call after an
employee’s regularly scheduled assignment, when such time worked is not continuous with the
employee’s regularly scheduled assignment. In computing the time worked, an employee shall
receive overtime pay from the start until the completion of the assignment, but in no event shall
an employee receive less than four (4) hours work credit for such work.
c. An employee is not subject to posted overtime or call-in for duty while on paid benefits or paid
absences, excluding subsection 16.6.
28.2 Technical and Non-Technical Seniority Groups
When overtime is deemed necessary by management, overtime will be offered to those employees currently
on duty on the basis of seniority. If there are an insufficient number of qualified volunteers to perform the
overtime work, the overtime work shall be cancelled or offered to employees who have signed the call-in
lists referred to below. If the overtime is not filled using the call-in lists, the Company may assign the
work on the basis of inverse seniority to qualified employees on duty; provided, the Company must notify
employee(s) two (2) hours prior to the end of the shift that they will be junior assigned. No employee shall be
required to perform more than thirteen (13) hours of work on particular shift, including any mandatory
overtime pursuant to this paragraph, or more than ten (10) hours of overtime within his or her regular work
week. Any overtime beyond ten (10) hours within an employee’s regular work week will be at the discretion
of the employee.
28.2(A) The Company shall maintain separate call-in lists for each seniority group. An employee
may remove or add his name from the call-in list; provided, such change shall not take effect for twenty-
four (24) hours and such additions or deletions shall be in writing. The Company may call employees on
the call-in list, including off duty employees, and offer such employees the overtime by seniority for
partial shifts of four (4) or more hours. Any employee whose name remains on the list and is contacted
by the Company for overtime must be available to work. “Contacted” means a manager/supervisor
speaks directly with the employee.
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28.2(B) Nothing contained herein eliminates the Company’s right to post open overtime when necessary,
utilizing a sign up sheet for volunteers (in seniority order). Such posting will be posted on a weekly basis
and will include the day and start and end time of the open shift and number of employees required. If an
inadequate number of employees volunteer to work the open shifts, the Company may utilize the call-in
list.
28.2(C) The Company may, in extraordinary circumstances, designate special skill sets (e.g., sheet
metal) on the Overtime call-in list and limit overtime calls to employees who indicate that they are
willing to accept such assignments.
28.3 MCC Seniority Group
All overtime must be designated as such and authorized in advance by the General Manager or his
designee. Overtime may be offered using the Overtime Sign-Up List at any time. Nothing will prevent
the Company from cancelling overtime that has not been awarded. In all cases, overtime hours
worked shall be tracked for purposes of employees’ cumulative annual overtime under 28.3(B) and
(C).
28.3(A) The Overtime Sign-Up List and Overtime Tracking Form will be maintained by the
Union and will reflect all overtime assignments/awards during the calendar year. At the end of
each calendar year, the Form will be “zeroed out” for all Maintenance Controllers. The
Company shall be held harmless for any overtime award that results from errors or incorrect
information on the Overtime Tracking Form caused by the Union.
28.3(B) When overtime is available, it may first be offered to Maintenance Controllers who are
qualified on the desk, on the Overtime Sign-Up List, and available and eligible (i.e., no other
provision prevents him from accepting the overtime and accepting the overtime would not
impact his legality for a different scheduled shift) for overtime. When available and eligible
Maintenance Controllers have an equal number of hours, the award will be made in seniority
order. If overtime is two (2) hours (or less) in duration, the offer may be limited to eligible
volunteers on the adjacent shift(s) (i.e., “stay and cover” or “come in early and cover”).
28.3(C) If overtime is not filled in accordance with 28.3(B), the overtime shall be cancelled or
offered to all Maintenance Controllers on the Overtime Sign-Up List who are available and
eligible (i.e., no other provision prevents him from accepting the overtime and accepting the
overtime would not impact his legality for a different scheduled shift). When available and
eligible Maintenance Controllers have an equal number of hours, the award will be made in
seniority order. If overtime is two (2) hours (or less) in duration, the offer may be limited to
eligible volunteers on the adjacent shift(s) (i.e., “stay and cover” or “come in early and cover”).
28.3(D) If a Maintenance Controller on the Overtime Sign-Up List who is legal and available
for an overtime award accepts or refuses the overtime, or does not answer a telephone call from
the Company at a number provided by the Maintenance Controller to receive overtime calls,
those hours will be added to his cumulative annual overtime as though he had worked the shift.
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28.3(E) In the event overtime is not awarded through exhausting the procedures described in
subsection 28.3(B) and (C), above, the work may be: (1) offered to volunteers without regard
for the prior distribution of overtime; (2) cancelled; or (3) inverse seniority assigned to a
Maintenance Controller who is eligible for the overtime in accordance with subsection 28.3(F),
below. For purposes of inverse seniority assignments on day(s) off, the Company must provide a
minimum of 48 hours advance notice by speaking with the employee and providing a follow up
email confirming the assignment. Maintenance Controllers are not required to be contactable on
their days off. Maintenance Controllers shall not be involuntary assigned to work on day(s) off for
more than 1 day before or after their regular shift.
28.3(F) A Maintenance Controller will be considered an eligible Maintenance Controller for
purposes of inverse seniority assignment under subsection 28.3(E), above, if: (1) the
Maintenance Controller is not already scheduled to work during the period of overtime; (2) the
Maintenance Controller is legal for the overtime and working the overtime would not impact
his legality for a different scheduled shift; and (3) the Maintenance Controller is qualified to
perform the work. Probationary Maintenance Controllers also may be deemed ineligible for
one or more overtime shifts based on operational requirements. If overtime is two (2) hours (or
less) in duration, junior assignment may be limited to the junior eligible Maintenance
Controller who is on duty on the prior shift (i.e., “stay and cover”) in cases where (1) no eligible
Maintenance Controller on duty on the prior shift volunteers; and (2) the junior eligible
Maintenance Controller is not required to work more than 13 consecutive hours.
28.4 An employee will not be inverse seniority assigned on any days off that immediately precede
or follow a block of vacation days, or before or after a DAT vacation day unless there is no other
employee in his seniority group to work the shift for which he is being inverse seniority assigned.
28.5 A seniority group may not assist another seniority group, that has been offered shift or posted overtime,
unless the assisting seniority group(s) is offered the same overtime.
28.6 When an employee is called for duty, the Company will call, by group seniority, the employee’s
provided telephone number listed on the call-in sheet.
28.6(A) Technical and Non-Technical Seniority Groups
If the employee is not available to take a call, the Company will leave a message with the answering
machine/voice mail or family member identifying themselves and the reason for the call. If a senior
employee returns the telephone call to accept assignment before a less senior employee accepts
assignment, the senior employee will receive the assignment. By mutual agreement, the parties may
replace the aforementioned telephone-based call-in system with an automated messaging platform.
28.6(B) MCC Seniority Group
If the employee is not available to take a call, the Company will leave a message with the answering
machine/voice mail or family member identifying themselves and the reason for the call. If the
aforementioned eligible employee returns the telephone call to accept the assignment before the
next eligible employee accepts the assignment, he shall receive the assignment. By mutual
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agreement, the parties may replace the aforementioned telephone-based call-in system with an
automated messaging platform.
28.6(C) The Company shall be deemed to have satisfied a contact obligation associated with
voluntary overtime under this Article if it: (1) sends an e-mail to an employee’s Company e-mail
address at least five days prior to the day in question: (2) sends an e-mail to an employee’s
Company e-mail address and the employee is on duty subsequent to the time of the e-mail; (3)
makes Positive Contact with the employee; (4) or by other mutually agreeable method.
28.7 Once awarded or assigned, overtime shall be considered part of the employee’s schedule
and may not be cancelled without the Company’s consent.
28.8 When an employee is bypassed in violation of the overtime procedures set forth in this
Article 28, the violation shall be remedied as follows:
28.8(A) In the first instance, the employee shall be offered an opportunity to work an
amount of time equal to the overtime missed. The work shall be performed at a time of his
choosing. Pay shall be at the overtime rate.
28.8(B) In the case of a repeat bypass, the employee will be paid (and, if applicable,
charged) for all overtime hours missed. Pay shall be at the overtime rate.
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ARTICLE 29 - FIELD SERVICE
29.1 Full-Time Field Service Positions
29.1(A) Full-Time Field Service positions will be bid separately from all other positions and shifts in
conjunction with semi-annual shift bidding. To be eligible to bid a Full-Time Field Service position, a
Technician must possess three (3) years of experience exercising his Airframe and Powerplant (A&P)
licenses. Technicians who are awarded a Full-Time Field Service position must reside on the NetJets
Sales Authorized Inspector List (AI) prior to the effective date of the Field Service bid; provided, all
employees shall have equal access to necessary training.
29.1(A)(1) The minimum number of Field Service positions for Technicians shall be in accordance
with Article 1 and associated Letter(s) of Agreement.
29.1(B) All Technicians holding Full-Time Field Service positions shall be assigned to a schedule
consisting of seven (7) consecutive days of work followed by seven (7) consecutive days off; provided at
the request of the Company, a Full-Time Field Service Technician (FST) may agree to shift or
extend his duty tour; and, provided further, a FST may be required to work into an eighth day to
complete a Field Service assignment begun prior to the end of his tour or, in the case of an assignment
outside the continental United States, an eighth and ninth day. A technician who works beyond his
seventh work day will not have his next start date adjusted; provided, in no case will a FST have
fewer than two days off between tours. At any time, an FST may volunteer to work overtime on his
scheduled day(s) off when overtime is offered in the base or other location to which he is normally
assigned, provided that an FST must have a minimum of two (2) consecutive days off between
scheduled seven (7) day tours.
29.1(C) Contact Procedure, Duty Periods, and Rest Periods
29.1(C)(1) Contact Procedure: The Company shall brief a Technician as to the start of his duty
period via the Company-issued communications device not later than 2000 local Domicile time
on the Technician’s last day off. Unless the Technician agrees to a shorter rest period, a
minimum eight (8) hour rest period will be scheduled between the time the briefing was sent and
the start of the Technician’s duty period, provided that the start of the duty period may be
modified by the Company by a briefing anytime after the conclusion of the initial eight (8) hour
rest period referred to above. In the event a Technician has not received a briefing by 2000 local
Domicile time on the Technician’s last day off, he is required to contact the Company by 2100
local Domicile time on the Technician’s last day off to request a briefing. The Company shall not
be obligated to provide a minimum of eight (8) hours rest between the time of telephone contact
from the employee and the Technician’s duty start time, provided the Company sent a timely
brief via Company-issued communications device as set forth above. A Field Service Technician
must be contactable during the seven (7) consecutive days of a work period when not in rest, and he
must use his best efforts to “show” at a time and location designated by the Company.
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29.1(C)(2) Rest Period: A rest period is a period of time during which a FST has no obligation
to perform any Company duty or be available to perform Company duty of any kind. After
beginning a field service assignment, the FST shall notify the Company when he has completed
his current assignment. Thereafter, the Company will advise the FST of either, his next
assignment, standby status (which is duty), or rest. A rest period shall be no less than eight (8)
hours unless a lesser period is agreed to by the FST. A FST may not be contacted by the
Company during a rest period and the Company will not attempt to contact a FST (except for
personal emergency) during a rest period. A FST will not be considered in rest until notified by
the Company of his release from duty. The Company will provide adequate rest facilities which
shall be a hotel or the FST’s home; provided, the Company is not obligated to provide a hotel if
the location of the field service assignment is thirty (30) miles or less from the FST’s Domicile.
If a FST is fatigued, he shall notify/call the Company as soon as possible. Any FST making such
a call will not be required to continue duty and will be put into rest. Further, making such a call
will not subject the Technician to discipline without just cause.
29.1(C)(3) Duty period: All time a FST is not in rest as defined below shall be considered duty.
29.1(D) Compensation for Field Service Technicians
29.1(D)(1) Technicians holding Field Service positions shall be entitled to work and, therefore, be
paid no less than eighty (80) hours in a two (2) week period (i.e., the period consisting of
alternating seven (7) consecutive days of work and seven (7) consecutive days off). All time
spent performing Field Service work, including travel to and from the location where the Field
Service work is performed, shall be paid at time and one-half (1.5) the Field Service Technician’s
base rate of pay, defined as hourly pay rate plus longevity pay, license premiums (including
IA and RII), and line premiums. All time spent performing Field Service work on day eight (8)
pursuant to Section 29.1(b), including travel from the location where Field Service is performed
to the Technician’s domicile, will be compensated at two (2) times the Field Service Technician’s
base rate of pay as defined above. In addition, any consecutive days worked beyond day eight (8)
and all hours worked in excess of eighty (80) in conjunction with a Field Service Technician’s
seven-day tour will be paid at a rate of two (2) times the Field Service Technician’s base rate of
pay as defined above.
29.1(D)(2) For purposes of the paid time off and holiday rules in this Agreement, the basic
day for Field Service assignments will be considered to be 11.5 hours.
29.1(D)(3) A FST will receive compensation under subsection 29.1(D)(1) as if he were
performing Field Service work for any hours worked at his Domicile in the work week prior
to deployment on his first Field Service assignment. Nothing contained herein shall alter
the Company’s rights or obligations under Article 1 and/or associated letters of agreement.
29.1(E) Field Service Assignments - A Field Service Team shall consist of no less than two (2)
FST’s. The Company may assign one (1) Technician to perform Field Service work when the Field
Service assignment can be safely performed by one (1) Field Service Technician. Nothing herein
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prohibits the Company from assigning more than two (2) qualified Technicians to a Field Service
assignment; provided, the terms and conditions governing Field Service assignments set forth in this
Article shall apply in full to technicians performing Field Service assignments.
29.1(F) Driver’s License and Passport Requirement - All Field Service Technicians must possess a
valid driver’s license and a passport. The Company shall reimburse the Field Service Technician’s cost
of obtaining an initial and subsequent passport required to perform Field Service duties.
29.1(G) Per Diem - A Field Service Technician on a Field Service assignment shall be entitled to
hourly per-diem (to cover meals and expenses) at the rate of $2.09 per hour (Domestic) and $2.70
per hour (International). Per diem begins at report time for the assigned flight (one hour prior to
scheduled departure time at the airport) and ends when the Technician returns to his Domicile. If the
Technician is required to drive his own vehicle or a rental car to a duty location away from his
Domicile, per diem begins when the Technician departs from his home or rental agency as
appropriate and ends when the Technician returns to his home or the rental agency as appropriate.
29.1(H) Company Credit Cards - The Company will provide a Company issued credit card to all Field
Service Technicians who are assigned to Field Service trips. The Company credit card should be utilized
for all Company related expenses and/or transactions where a credit card may be used. Notwithstanding
the above, all reasonable expenses incurred by a Field Service Technician, on behalf of the Company,
while on a field trip, shall be reimbursed to the Field Service Technician within ten (10) business days
following Company receipt of the expense form.
29.1(I) Personal Vehicle and Mileage - In the event a Field Service Technician is requested and agrees
to use his personal vehicle on a Field Service assignment, he shall, in addition to the compensation and
reimbursement provisions set forth above, be reimbursed by the Company at the IRS business rate for
mileage. This rate will be adjusted annually in accordance with IRS guidelines; provided, miles will be
based upon the shortest Google Maps distance between the applicable locations except in extraordinary
circumstances.
29.1(J) Return to Domicile - A FST, who returns to his Domicile from a Field Service assignment,
after working less than 10 hours during the duty period may be required to work sufficient hours
at the Domicile to complete a 10 hour duty period prior to being placed into rest; provided however,
the FST has worked less than eighty (80) hours during said Field Service assignment. A FST who
returns to his Domicle from a Field Service assignment after working 10 or more hours during the
duty period may not be required to work additional hours at the Domicile that are unrelated to the
Field Service assignment (e.g., paperwork, etc.) prior to being placed into rest.
29.1(K) Distribution of Field Service Assignments and Performance of Non-Field Service
Maintenance at Base and Line Stations - FSTs may be utilized to perform scheduled or unscheduled
maintenance at the Technician’s Domicile in accordance with Article 29.1(j), or if all Field Service
assignments have been covered by FST’s in accordance with Article 1 of the Agreement, or if there
are no Field Service assignments on a particular day; provided, nothing contained herein shall permit
the Company to routinely assign FST’s to perform non-Field Service work. In addition, the
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Company will attempt to equally distribute Field Service assignments among FST’s taking into
consideration: (1) the probable duration of the assignment; (2) the location of the assignment and
the relative locations of the Field Service Technicians; (3) the qualifications of the FST; and (4)
which FST’s were last assigned; FST’s who are not assigned work away from their Domicile
may be utilized to perform scheduled or unscheduled maintenance at said Domicile. The FST’s
duty day while at his assigned Domicile will be ten (10) hours, and he will not be subject to
mandatory overtime. The start time shall be consistent with the start time(s) for all other employees;
provided, there is a minimum of eight (8) hours between the FST’s return to his Domicile and his
start time unless waived by the FST or Article 29.1(j) applies.
29.1(L) Special Field Service Assignments - Nothing in this Article will prevent the Company from
assigning a Technician on a volunteer basis who is not a FST to a Field Service assignment in which
special skills, qualifications, or experience is required; provided, such assignments shall be made on a
rotating seniority basis.
29.1(M) FST Backfill - When one FST on a two-member team is unavailable for assignment due to
an extended period of training, vacation, illness/injury, etc. that is known in advance to the
Company, and the Company cannot create a two-member team by consolidating members of two
different teams to form a single team, or sending the remaining FST on a one person assignment in
accordance with 29.1(E), the Company shall temporarily backfill the position for the scheduled
duration of the FST’s unavailability using, in its discretion: (1) overtime for other FSTs at the
Domicile or (2) a rotating seniority list of qualified non-FSTs from the same Domicile as the other
member of the team, or other Domiciles if there is no other qualified Technician available at the
same Domicile. A Technician awarded a backfill position will be subject to the rules in Section
29.1 for the duration of the backfill assignment. If the Company exercises option 2, the non-FST
shall receive his hourly rate plus all other pay items he would receive were he not on a FST
assignment. When the back-fill assignment ends, the Technician shall not be required to resume
his regular shift until he receives the minimum number of days off required by Section 29.1. The
Company and the backfill FST may agree to other schedule modifications to accommodate the
return to work.
Section 29.2 Ad Hoc Field Service Positions - If the Company deems it necessary to deploy additional
Field Service personnel on a temporary basis , it may post Ad Hoc Field Service positions of a specified
duration for bid on the basis of seniority to qualified bidders; provided, all available FSTs not on
scheduled days off are scheduled to perform Field Service work away from their Domicile (and
subsequently are deployed except for reasons outside the control of the Company, such as employee
absence, illness or vacation). Technicians who are awarded Ad Hoc Field Service positions will have
their schedules adjusted to accommodate the award. Technicians awarded Ad Hoc Field Service
positions will be subject to the rules in Section 29.1 for the duration of the Ad Hoc Field Service
assignment and shall be paid on the basis of their hourly rate plus all premiums and any shift
differential in effect at the time of the award. If the assignments are seven (7) days in duration, two (2)
standard work weeks shall be eliminated from the Technician’s schedule and replaced with the seven
(7) day assignment. If the assignments are less than seven (7) days in duration, the parties shall agree
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upon the means of scheduling the assignments and, if applicable, transitioning to and from the regular
shift.
Section 29.3 Local Field Service Assignments
29.3(A) When aircraft maintenance/repair is needed at airports located within Franklin County
and contiguous counties, the Company may treat the work as a Local Field Service Assignment
subject to the following rules.
29.3(B) The opportunity to work such assignments will be offered in the following order:
1. On-duty FSTs without an assignment within a reasonable travel distance;
2. Qualified Technicians then on-duty working Line assignments with four (4) or more
hours remaining on their workday or, at the Company’s discretion, due to report for
work within two (2) hours; if none accept;
3. Involuntarily assign the least senior qualified Technicians then on-duty working
Line assignments with four (4) or more hours remaining on their workday or, at the
Company’s discretion, due to report for work within two (2) hours.
NOTE 1: Technicians on their days off will not be forced to work these assignments.
NOTE 2: Field Service assignments worked under 2.a – 2.c. may require only one
technician with Authorized Inspector qualification to be dispatched.
29.3(C) Non-FSTs performing Local Field Service Assignments shall be paid at the time and
one-half rate.
29.3(D) The provisions of Sections 29.1(E), (G), and (I) shall apply to Local Field Service
Assignments performed by non-FSTs. Non-FSTs performing Local Field Service Assignments
shall not be subject to any other provision of Article 29.1 and shall be performed within a
Technician’s normal work day (including allowable overtime hours).
29.3(E) Hours worked on Local Field Service Assignments outside the regular shift of non-FST
employees will be paid at the FST overtime rate of pay (i.e., 2x).
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ARTICLE 30 - VACATIONS
30.1 The vacation year will run from April 1 through March 31. Vacation hours will be earned on a
yearly basis corresponding with the vacation year. Vacations will be taken in the vacation year
following that vacation year in which the vacation is earned.
30.2 Any employee who as of March 31 of each vacation year has completed the below listed service years
shall be entitled to vacation periods indicated. Service years shall accrue for each full year the employee is on
the active payroll, including layoff, worker’s compensation, FMLA and sick leave of under one (1) year’s
duration. Leaves of Absence shall not be considered as being on the active payroll.
Service Years Completed Vacation
1 – 4 years Two calendar weeks (80 hours)
5 – 9 years Three calendar weeks (120 hours)
10+ years Four calendar weeks (160 hours)
15 years and thereafter Four calendar weeks (160 hours)
$1,500 annually paid on the first pay period
after the employee’s anniversary date
30.3 Newly Hired Employees
Any newly hired employee will not be eligible to take vacation in the remainder of the vacation year
in which he is hired. For purposes of bidding in the following vacation year, a new hire will have
his vacation prorated from date of hire until March 31 of the year in which he was hired. New
Hires who, as a result of their hire date, are not able to bid in the vacation bid described in
subsection 30.4. will use all vacation as DAT vacation in accordance with the provisions of 30.8.
30.4 Vacation Bids
Vacation bidding commences promptly following the publication of the April shift bid award (i.e.,
no later than February 15 unless the parties agree otherwise). Vacation bids will be awarded on the
basis of seniority within a specific seniority group by shift. The Company will consider an
employee to be “within a specific seniority group” (1) if the employee is in the seniority group on
the day the vacation bid closes; or (2) the employee has received an award under Article 10 prior to
the day the vacation bid closes and will begin work in the new classification prior to the start of the
vacation year. Once awarded, vacation periods may not be changed or canceled except by
agreement of the Company and the employee or as provided elsewhere in this Agreement. For
purposes of vacation bidding under Article 30, there shall be two “shifts” as follows:
Seniority Group(s) Day Shift Evening Shift
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Technical Groups Base A and C
Line A, D, and F
Field Service
Base B and D
Line B, C, E, and G
Non-Technical Groups Line A, D, F Line B, C, G, and E
MCC Group A and B C and Relief
30.5 Bidding Procedures
The Union shall administer the vacation bid process as set forth in this subsection 30.5 in
coordination with the Company. The parties shall agree upon and will post notice of where and
when employees will bid vacation and the method of bid.
Vacation(s) will be bid in full week increments in accordance with the following procedures:
(1) Group each earned week of vacation under an alphabetic identifier, using “A” for
the first week and “B,” “C,” “D” for any subsequent weeks.
(2) Prioritize preferences by using numeric designators for each week of earned
vacation, e.g., one (1) being an employee’s first preference and any larger number
representing additional preferences in descending order (up to a maximum
preference of 52).
Each employee shall be awarded an “A” week preference before any employee is awarded a “B”
week preference, each employee shall be awarded a “B” week preference before any employee is
awarded a “C” week preference, etc.
30.6 Vacation Awards
A week of vacation pay shall be considered:
Schedule Days Off Hour Deduction
3x13 3 40
4x10 4 40
Rotating 12s – 36 Hour
Week
3 36
Rotating 12s – 48 Hour
Week
4 48
(Note: Company and employee may
agree to reduce charge to 36 or 40 and
reschedule an 8 or 12 hour work day as
mutually agreed)
Field Service 7&7 7 80
30.6(A) A scheduled day off is not considered a Day Off for purposes of the chart, above.
30.6(B) If an awarded vacation week touches multiple work weeks, then the Company will
eliminate the work week that is most closely aligned with the award unless the Company and
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the employee agree otherwise. If an awarded vacation week touches two work weeks equally,
then the Company shall remove the work week that occurs first unless the Company and the
employee agree otherwise.
30.6(C) For Technicians assigned to the Field Service 7&7 Schedule, the following rules apply:
30.6(C)(1) Provisions for Field Service Technicians with One Week of Vacation
The Company will credit a Technician with seven (7) scheduled work days off the 7 & 7
Schedule. For each one (1) week vacation, a Technician will have no less than a twenty-one
(21) day duty free period unless the preceding or subsequent tour has been adjusted
pursuant to another provision of the Agreement (e.g., subsection 20.3). When determining
the seven (7) day tour credited to the vacation week the Company will apply the following
rules:
Rule 1. If only one (1) duty tour overlaps the awarded vacation week, eliminate the
entire duty tour.
Rule 2. If more than one (1) duty tour overlaps the awarded vacation week,
eliminate the entire tour containing the most number of work days within the
awarded vacation week.
Rule 3. When applying Rules 1 or 2, if two (2) duty tours overlap the awarded
vacation week by an equal number of days, or if the awarded vacation week falls
between two (2) duty tours without overlapping either tour, eliminate work days
from the first chronological duty tour rather than the second duty tour.
There will be no change to the scheduled tours preceding or following the duty-free period,
unless otherwise allowed by the Agreement.
30.6(C)(2) Provisions for Field Service Technicians using Two Weeks of Vacation
Consecutively
The Company will credit a Technician with fourteen (14) scheduled work days off the 7 & 7
Schedule as defined in this Section. For any two (2) consecutive week vacation, a
Technician will have no less than a thirty-five (35) day duty free period unless the preceding
or subsequent tour has been adjusted pursuant to another provision of the Agreement (e.g.,
subsection 20.3). When determining the two (2) tours credited to the two (2) consecutive
week vacation, the Company will apply the following rules:
Rule 1. If one or more duty tour(s) overlaps the awarded two (2) consecutive week
vacation, eliminate the entire duty tour(s).
Rule 2. If application of Rule 1 does not produce fourteen (14) work days off the
schedule, then eliminate work days from the duty tour(s) closest to the awarded two
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(2) consecutive week vacation in sufficient number to yield fourteen (14) work days
off the schedule.
Rule 3. When applying Rule 2, if the awarded two (2) consecutive week vacation
falls between two (2) duty tours without overlapping either, then eliminate work
days from the first chronological duty tour rather than the second duty tour.
There will be no change to the scheduled tours preceding or following the duty free period,
unless otherwise allowed by the Agreement.
30.6(C)(3) For employees assigned to the Field Service 7&7 Schedule, vacation must be bid
in 80 hour increments. Employees who accrue less than 80 hours, or at least 80 hours but
less than 160 hours, may use any such amounts that cannot be bid by application of the 80-
hour rule in the preceding sentence using the DAT vacation rules.
30.6(D) Changing Schedules/Shifts After the Vacation Award
If an employee changes schedules/shifts after he was awarded vacation, he shall take vacation in
accordance with the dates of his vacation award but subject to the rules for the schedule/shift he
is assigned at the time he takes vacation.
30.6(D)(1) For employees who transition from the Field Service 7&7 Schedule to another
schedule, the Company will, at the request of the employee, drop additional work days that
would have been dropped on the Field Service 7&7 Schedule up to a total of 80 vacation
hours (and charge the employee a total of 80 vacation hours).
30.6(D)(2) For employees who transition to the Field Service 7&7 Schedule from another
schedule, if application of the rules in subsection 30.6(D) would require the use of more
vacation hours than the employee has available, the employee must, (1) cancel his scheduled
vacation and use the vacation as DAT vacation; (2) consolidate awarded vacation weeks to
create 80-hour blocks for use as full weeks of vacation on the Field Service 7&7 schedule; or
(3) utilize a combination of the above.
30.6(E) In no case shall more work days be removed from the employees’ schedule than are
indicated on the chart above, unless the employee agrees to a higher vacation charge
corresponding with the actual number of days removed.
30.6(F) An employee may not take more than one hundred twenty (120) hours of vacation
consecutively (other than FST’s when subsection 30.6(C)(2) is applicable).
30.7 Sufficiency of Vacation Slots During Vacation Bid
A vacation slot is a 7-day period beginning on Monday and ending on Sunday. The Company will
make a sufficient number of vacation slots available in each seniority group every week so that all
earned vacation can be bid and awarded. The allocation of slots shall be such that no fewer than
10% of employees in each of the seven (7) seniority groups on each shift will be awarded each
vacation week.
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30.8 Day-at-a-Time (DAT) Vacation
30.8(A) At the time of the annual vacation bid, an Employee may elect to reserve one (1) week
of vacation for the purpose of taking one day of vacation at a time (DAT vacation). An
employee will not bid vacation that is reserved for use as DAT vacation.
30.8(B) Requests for DAT vacation will be submitted to the Company in writing no more than
60 days and no less than 24 hours prior to the day requested. The day will be awarded on the
first day an employee requests the day in accordance with the previous sentence (if more than
one employee requests to use DAT vacation on the same day, the most senior employee shall be
awarded the DAT vacation); provided, the Company is not obligated to accept DAT requests
prior to the publication of the vacation bid award or prior to publication of the applicable
schedule bid.
30.8(C) A request for DAT that is properly submitted under 30.8(B) will be granted if fewer
than 10% of employees on the shift in the seniority group have been awarded vacation. If the
aforementioned criteria are not satisfied, then the decision to grant the DAT request is at the
Company’s discretion. If an employee submits a DAT request less than ten days before the day
that is requested, then the decision to grant the DAT request is at the Company’s discretion
regardless of the application of the aforementioned criteria. DAT may be denied if an employee
has training on the day in question.
30.8(C)(1) Notwithstanding the above, the Company may limit the number of MCC
employees using DAT on each shift during a Red Period week to one (1) employee unless the
Company covers the difference between one (1) and application of the ten (10) percent rule
using volunteers in accordance with the overtime procedures in Article 28. The Company
shall post overtime opportunities for every Red Period at least ninety (90) days in advance
of the Red Period. If the Company receives a number of volunteers equal to or greater than
the difference, the ten (10) percent rule shall apply. The Company may cancel a Red Period
overtime award(s) if there are no DAT awards on the same day(s).
30.8(D) The Company will reply to requests as soon as practicable.
30.8(E) The number of hours earned in the employee’s normal workday will be deducted from
the employee’s balance of vacation time available for each DAT vacation day.
30.9 Vacation Sell-Back
30.9(A) An employee may sell-back vacation in accordance with the provisions of this
subsection 30.9. In accordance with Section 409A of the Internal Revenue Code, an employee
who wishes to sell-back vacation he is projected to receive pursuant to subsection 30.2 at the
close of a vacation year must identify the amount to be sold on a Company-designated form no
later than one day preceding the start of the vacation year for which he will earn the vacation.
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For example, an employee must submit a sell-back form no later than March 31, 2016 to receive
payment for vacation earned between April 1, 2016 and March 31, 2017 (i.e., vacation that
could be used between April 1, 2017 and March 31, 2018). An election may not be changed on
or after the first day of the vacation year. The Company will pay an employee for vacation sold
pursuant to this subsection 30.9 not later than two (2) pay periods following the close of the
vacation year.
30.9(B) An employee will receive his hourly rate (on the last day of the vacation year in which
the vacation is earned) for each day of vacation sold to the Company.
30.9(C) Vacations must be sold in 40 hour increments. An employee may sell up to half of his
earned vacation weeks.
30.9(D) The right to sell-back vacation will not apply if:
30.9(D)(1) Any employee in the craft or class is on furlough on the date the vacation bids
are posted pursuant to subsection 30.5;
30.9(D)(2) The Company has sent notice of a furlough in accordance with Section 7 in the
fourteen (14) days prior to the date vacation bids are posted pursuant to subsection 30.5; or
30.9(E) A employee who leaves the Company’s employ prior to receiving payment will be paid
on a pro-rata basis in accordance with the provisions of subsection 30.10 and will have no
further rights under this subsection 30.9.
30.9(F) Notwithstanding any vacation sell-back election, an employee who does not earn the full
amount of vacation that he was projected to earn during the vacation year (e.g., as a result of an
LOA) will be disqualified from selling back any vacation earned during that vacation year.
30.10 Vacation Cancellation
30.10(A) DAT Vacation
In the Technical and Non-Technical Seniority Groups, DAT vacations may be cancelled at the
employee’s discretion. In the MCC Seniority Group, DAT vacations may be cancelled at the
employee’s discretion on or before the 15th
day of the preceding month and thereafter only with the
Company’s concurrence. Employees who cancel a DAT vacation may use the vacation in
accordance with DAT vacation rules.
30.10(B) Bid Vacations
Bid vacation weeks may be cancelled by the employee prior to the commencement of DAT bidding
for the week (or thereafter with the Company’s consent). Employees who cancel a bid vacation
week will reschedule the vacation week to a vacation slot not awarded during the vacation bid, if
one exists, or at another time that is mutually agreeable. An employee may not reschedule a
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vacation week into a slot for which DAT bidding has already commenced without the Company’s
consent.
30.11 Employees who have completed six (6) months of service with the Company will be paid pro-rata for
all unused vacation upon leaving the Company, provided they give a two (2) week notice in writing of their
intention to terminate their relationship with the Company. In the event of a reduction in force or entry into
military service, the two (2) weeks notice provision herein is not applicable. In the case of death of an
employee, unused vacation will be paid to his estate.
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ARTICLE 31 - SENIORITY
31.1 There shall be seven (7) separate group seniority lists as follows:
Technical:
Aircraft Technicians
Avionics Technicians
Aircraft Painters
Non-Technical:
Supply/Stock Clerks
Aircraft Fuelers
Aircraft Cleaners
Maintenance Controllers:
Maintenance Controllers
31.2 The list of employees according to group seniority shall be posted on the bulletin board and brought
up to date once a month and a copy sent to the Union once each six (6) months.
31.3 The group Seniority List shall list all employees covered by this Agreement in order of the date they
entered the group.
31.4 All newly hired employees will be on a probationary status for a period of ninety (90) calendar days.
The probationary period will be extended by the number of days the employee is absent from scheduled
work. If mutually agreed upon by the Company and the Union, the probationary status period may be
extended for up to an additional ninety (90) calendar days.
31.5 An employee shall lose his seniority and his name shall be removed from all Seniority Lists upon
his retirement, resignation, discharge for cause, death, failure to return to active service from a leave of
absence, acceptance of a position with the Company outside a craft or class covered by this Agreement
or as otherwise provided in this Agreement.
31.6 Seniority shall begin to accrue from the date an employee is first employed as an employee in the
group noted in Section 31.1 hereof for which he is employed. When two (2) or more employees are
employed on the same date, they shall be placed on the Seniority list according to their age, i.e., the oldest
employee shall receive the more senior position on the list. When an employee moves from one seniority
group to another seniority group, the employee retains his accrued seniority in the former seniority
group.
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31.7 During the probationary period under Article 31.4, above, probationary employees’ may be
discharged or disciplined without recourse to the grievance procedure.
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ARTICLE 32 – HOURS OF SERVICE
32.1 Work Week
32.1(A) For Technical and non-Technical Employees, a regular work week shall be one of the
following:
32.1(A)(1) four (4) consecutive days of work consisting of ten (10) hours each followed by
three (3) consecutive rest days; or
32.1(A)(2) three (3) consecutive days of work consisting of thirteen (13) hours (straight
time) each (and receive forty (40) hours of regular pay)
32.1(A)(3) a rotating schedule of three (3) consecutive days of work consisting of 12 hours
each followed by four (4) consecutive days off, followed by four (4) consecutive days of work
consisting of 12 hours each followed by three (3) consecutive days off.
32.1(B) For Maintenance Controllers, a regular workweek shall be one of the following:
32.1(B)(1) four (4) consecutive days of work consisting of twelve (12) hour days each
followed by four (4) consecutive rest days, or
32.1(B)(2) four (4) consecutive days of work consisting of ten (10) hour days each followed
by three (3) consecutive rest days, or
32.1(B)(3) a rotating schedule of twelve (12) hour days consisting of two (2) consecutive
days of work followed by three (3) consecutive rest days; followed by two (2) consecutive
days of work followed by two (2) consecutive rest days; followed by three (3) consecutive
days of work followed by two (2) consecutive days of rest, with that cycle repeating
thereafter.
32.1(B)(4) a relief schedule containing no more than 14 Company-assigned twelve-hour
work days per month. Relief schedules will be bid and awarded and/or assigned on the
basis of A, B and/or C shifts. No more than 15 percent of Maintenance Controllers may be
required to work this schedule. A tentative schedule for the entire bid period will be
published as soon as possible following the bid award and updated throughout the bid
period. Final shift awards and assignments shall be published no later than the start of the
preceding month. A Maintenance Controller on this schedule shall not be required to work
more than four consecutive work days.
32.2 The pay week shall commence at 0001 Sunday. A workday starting any day and continuing
into the following day shall be considered one (1) work day and attributed to the first day.
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32.2(A) Employees on a scheduled ten (10) hour shift will receive two (2) fifteen minute undisturbed
paid rest periods, one before and one after the thirty (30) minute unpaid meal period.
32.2(B) Employees on a scheduled twelve (12) hour shift will receive two (2) twenty (20) minute
undisturbed rest periods, one before and one after the thirty (30) minute unpaid meal period.
32.3(C) Employees on scheduled thirteen (13) hour shifts will receive one (1) twenty (20) minute
undisturbed paid rest period before the meal period and one (1) twenty (20) minute undisturbed paid
rest period after the meal period. Additionally, the paid meal period will be forty-five (45) minutes.
32.2(D) If the employee works beyond his scheduled working hours, he will receive an additional
fifteen (15) minute undisturbed paid rest period if the employee works at least two (2) additional
hours or a twenty (20) minute undisturbed paid rest period if the employee works at least three (3)
additional hours.
32.3 Shifts and Start Times
32.3(A) Line Maintenance:
The following shifts shall consist of A through G and start/end times shall be as follows for
Technicians, Avionics Technicians, QC/Inspector, Lead Technicians (performing Line
Maintenance), Fuelers, Supply and Custodians.
Shift Start Time/End Time Ranges Workdays
A 0530/0830 - 1600/1900 (Monday-Thursday)
B 1430/1730 - 0100/0400 (Monday-Thursday)
C 2030/2330 - 0700/1000 (Monday-Thursday)
D 0630-1930 (Friday-Sunday)
E 1830-0730 (Friday-Sunday)
F 0530/0830 – 1800/2100 Rotating (3 on, 4 off/4 on, 3 off) – Any Start Day
G 1730/2030 – 0600/0900 Rotating (3 on, 4 off/4 on, 3 off) – Any Start Day
32.3(B) Base Maintenance:
The following shifts shall consist of A through D for Leads and Technicians (all other
classifications shall be bid for and be assigned schedules based on the Line Maintenance Shifts
provisions set forth above in paragraph (a)).
Shift Start Time/End Time Ranges Workdays
A 0630-1930 (E.g., M-W; W-F; F-SUN; SAT-M)
B 1830-0730 (E.g., M-W; W-F; F-SUN; SAT-M)
C 0530/0830 – 1800/2100 Rotating (3 on, 4 off/4 on, 3 off) – Any Start Day
D 1730/2030 – 0600/0900 Rotating (3 on, 4 off/4 on, 3 off) – Any Start Day
32.3(C) Maintenance Control:
Shifts shall begin within the following ranges for Maintenance Controllers:
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Shift Start Time Ranges
A 0500-1059
B 1100-1659
C 1700-0459
32.4 General
32.4(A) In the event the Company finds it necessary to change employees’ shift starting time(s)
on Line Maintenance Shifts A, B, or C in conjunction with shift bidding, the Company will
consult with the Union stewards and explain the reason for the change at least two (2) weeks
prior to the date of the bid posting. Starting times shall not be changed except in conjunction
with shift bidding.
32.4(B) The Company reserves the right to require all Aircraft Maintenance Technicians (not
Lead Technicians) working on Line Maintenance Shifts to work on Line Maintenance A, B,
and/or C shift; provided, the start and end time ranges shall be the same as set forth in
paragraph (a). Notwithstanding the above chart for Line Maintenance, if the Company
exercises said right, the Company may stagger the consecutive days Technicians start and end
work (e.g., Monday through Thursday, Tuesday through Friday, Wednesday through
Saturday, Thursday through Sunday).
32.4(C) The start and end times for Leads and/or QC/Inspectors on any shift may be advanced by
up to 30 minutes ahead of the start times listed in this Article 32.4 at the Company’s discretion.
32.4(D) Where subsection 32.4 permits a range of start and/or times, the Company may for
operational reasons utilize multiple starting times within each shift (e.g., staggered start times
in MCC).
32.4(E) Upon 24 hours’ notice, the Company may change a Maintenance Controller’s
schedule/start time due to unplanned operational circumstances by up to 2 hours no more than
2 times per quarter. A change impacting a single series of consecutive work days (e.g., two,
three, or four days depending on the Maintenance Controller’s schedule) will be considered a
single change under this paragraph. Changes in excess of two hours or more than two times
per quarter require the Maintenance Controller’s concurrence. The Company must make
positive contact with a Maintenance Controller to notify him of the details of any change to his
schedule. “Positive contact” means a manager or supervisor speaks directly with the employee.
A Controller will receive an additional ½ time pay premium: (1) when his schedule is adjusted
by more than two hours with his consent, for all hours that are more than two hours outside his
normal shift times and (2) when his schedule is changed a third or subsequent time in a quarter
with his consent, for all hours that fall outside his normal shift times. There is no pyramiding of
overtime. A Controller-initiated change is not subject to this subsection.
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32.5 Field Service employees’ hours of service are as outlined in Article 29 and are excluded from the
provisions of this Article.
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ARTICLE 33 - WAGES
Wage Tables
*TR means Training Rate. The Company may, at its discretion, pay a newly hired Technician the
above-referenced Training Rate for a period not to exceed six (6) months from the date of hire.
Beginning no later than the first day of the seventh month, the Technician shall receive the Year 1
rate of pay. At the completion of the Technician’s first year of employment, he/she will receive the
Year 2 rate of pay.
MCC
**DOS DOS +1 DOS +2 DOS +3 DOS +4 DOS +5
YEAR 1 $32.70 $33.19 $33.69 $34.27 $34.96 $35.66
YEAR 2 $33.68 $34.18 $34.70 $35.30 $36.01 $36.73
YEAR 3 $34.69 $35.21 $35.74 $36.36 $37.09 $37.83
YEAR 4 $35.73 $36.26 $36.81 $37.45 $38.20 $38.97
YEAR 5 $36.80 $37.35 $37.91 $38.58 $39.35 $40.14
YEAR 6 $37.90 $38.47 $39.05 $39.73 $40.53 $41.34
YEAR 7 $39.04 $39.63 $40.22 $40.93 $41.74 $42.58
YEAR 8+ $40.21 $40.82 $41.43 $42.15 $43.00 $43.86
YEAR OF THE CONTRACT
TECHNICIAN
**DOS DOS +1 DOS +2 DOS +3 DOS +4 DOS +5
TR $21.72 $22.05 $22.38 $22.77 $23.22 $23.69
YEAR 1 $25.97 $26.36 $26.75 $27.22 $27.77 $28.32
YEAR 2 $27.32 $27.73 $28.15 $28.64 $29.22 $29.80
YEAR 3 $28.76 $29.20 $29.63 $30.15 $30.76 $31.37
YEAR 4 $30.26 $30.72 $31.18 $31.72 $32.36 $33.01
YEAR 5 $31.85 $32.33 $32.81 $33.38 $34.05 $34.73
YEAR 6 $33.54 $34.04 $34.55 $35.16 $35.86 $36.58
YEAR 7 $35.29 $35.82 $36.36 $36.99 $37.73 $38.49
YEAR 8+ $38.45 $39.02 $39.61 $40.30 $41.11 $41.93
YEAR OF THE CONTRACT
STOCK
DOS DOS +1 DOS +2 DOS +3 DOS +4 DOS +5
YEAR 1 $16.32 $16.56 $16.81 $17.11 $17.45 $17.80
YEAR 2 $17.57 $17.83 $18.10 $18.42 $18.78 $19.16
YEAR 3 $18.92 $19.21 $19.50 $19.84 $20.23 $20.64
YEAR 4 $20.36 $20.67 $20.98 $21.35 $21.77 $22.21
YEAR 5 $21.94 $22.27 $22.60 $22.99 $23.45 $23.92
YEAR 6 $23.62 $23.97 $24.33 $24.76 $25.25 $25.76
YEAR 7 $25.44 $25.82 $26.21 $26.67 $27.20 $27.74
YEAR 8+ $27.37 $27.78 $28.20 $28.69 $29.27 $29.85
YEAR OF THE CONTRACT
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Shift Differential – Technical and Non-Technical
Shift Differential – MCC
FUELER
DOS DOS +1 DOS +2 DOS +3 DOS +4 DOS +5
YEAR 1 $16.25 $16.49 $16.74 $17.03 $17.37 $17.72
YEAR 2 $17.88 $18.15 $18.42 $18.74 $19.12 $19.50
YEAR 3 $19.67 $19.96 $20.26 $20.62 $21.03 $21.45
YEAR 4 $21.64 $21.96 $22.29 $22.68 $23.13 $23.60
YEAR 5+ $23.80 $24.15 $24.52 $24.94 $25.44 $25.95
YEAR OF THE CONTRACT
CLEANER
DOS DOS +1 DOS +2 DOS +3 DOS +4 DOS +5
YEAR 1 $15.01 $15.24 $15.47 $15.74 $16.05 $16.37
YEAR 2 $16.50 $16.75 $17.00 $17.30 $17.64 $17.99
YEAR 3 $18.17 $18.44 $18.72 $19.04 $19.43 $19.81
YEAR 4 $19.98 $20.28 $20.58 $20.94 $21.36 $21.79
YEAR 5+ $21.97 $22.30 $22.64 $23.03 $23.49 $23.96
YEAR OF THE CONTRACT
Unscheduled A-All $0.00
Unscheduled B-All $0.50
Unscheduled C-All $1.00
Unscheduled D-All $1.00
Unscheduled E-All $2.00
Scheduled A-Techs (F,Sa, S) (Sa, Su, M) $1.00
Scheduled B-Techs (Th, F, Sa) (F,Sa, Su) (Sa, Su, M) $2.00
Scheduled B-Techs (Su, M, Tu) (M, Tu, W) (Tu, W, Th) (W, Th, F) $1.00
Option Unscheduled-Techs-A (Th, F, Sa, Su) (F, Sa, Su, M) (Sa, Su, M, Tu) $1.00
Option Unscheduled-Techs-B (Su, M, Tu, W) (M, Tu, W, Th) (Tu, W, Th, F) $0.50
Option Unscheduled-Techs-B (W, Th, F, Sa) (Th, F, Sa, Su) (F, Sa, Su, M) (Sa, Su, M, Tu) $1.00
Option Unscheduled-Techs C (Su, M, Tu, W) (M, Tu, W, Th) (Tu, W, Th, F) $1.00
Option Unscheduled-Techs C (W, Th, F, Sa) (Th, F, Sa, Su) (F, Sa, Su, M) (Sa, Su, M, Tu) $2.00
12 Hour Schedule (Day – If rotation includes Sa and Su) $1.00
12 Hour Schedule (Night – Rotation does not include Fri/Sa or Sa/Su) $1.00
12 Hour Schedule (Night – Rotation includes Fri/Sa or Sa/Su) $2.00
Fixed Schedule - Day – If rotation includes Sa and Su $1.00
Fixed Schedule - Night – Rotation does not include Fri/Sa or Sa/Su $1.00
Fixed Schedule - Night – Rotation includes Fri/Sa or Sa/Su $2.00
Relief Schedule - Day $1.00
Relief Schedule - Nights $2.00
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Other Pay Items
Tool Allowance:
Maintenance and Avionics Technicians will receive $9.00 per pay period for tool allowance. This
amount will be considered taxable.
Shoe Allowance:
The Company will provide, at the Company’s expense, safety shoes for Supply personnel. Supply
personnel must wear Company provided safety shoes.
Flight Test Pay:
For each completed STALL test flight $70.00
For all other types of test flight completed $60.00
Pay for New Employees
New employees will be hired at the initial wage step of the appropriate pay scale. The employee will
thereafter be advanced one wage step after each year of Company service.
The Company may, at its sole discretion, hire experienced technical or MCC personnel at a wage
step higher than the initial step, if the individual has at least the number of years, turbojet and/or avionics
TECHNICAL AND NONTECHNICAL GROUPS
A&P License(s)* $1.25
FCC General Class License* $1.25
Line Premium (Technical) $1.70
Line Premium (Non-technical) $1.00
IA $0.15
Authorized Inspector RII $0.25
QC $1.00
Lead Technician $1.75
Lead Supply Clerk $0.40
Lead Fueler $0.40
Lead Custodian $0.40
Longevity Pay** $0.20
* Max $2.50 for all licenses in these categories
** Capped at $2.00
OTHER PAY ITEMS FOR MCC
Lead Maintenance Controller $1.75
A&P License(s)* $1.25
* Max $2.50 for all licenses
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(whichever is applicable), experience represented by the wage step into which he/she is hired. The
Company agrees to advise the Union in advance whenever it intends to exercise this provision.
An employee initially hired into a higher wage step will thereafter advance through the wage steps
after each year of Company service.
New employees will be placed at the bottom of the seniority list without regard to the wage rate at
which they are hired.
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ARTICLE 34 - PRISONER OR HOSTAGE
34.1 Any employee who, while engaged in the Company’s operation who is held as a hostage or prisoner
war, or shall be deemed missing in action in a combat zone, shall be entitled to compensation based upon his
existing rate until released. Such compensation shall continue until such time as he is released, or until proof
of death is established in fact, or there is reasonable presumption of death, up to a maximum of twenty-four
(24) months of payments. Such compensation will be paid to the beneficiary or beneficiaries designated in
writing by the employee. It will be the employee’s responsibility to complete the form and file same with the
VP – Labor & Employee Services, or his designee.
34.2 In compliance with the requirements of this benefit, the form in Appendix A will be used by the
employee in designating assignment of the benefit contained herein.
34.3 Any amounts paid to the account of an employee, or paid to a beneficiary in accordance with said
provision, shall not be required to be returned by such beneficiary or the estate of the employee even though
it shall be established that such payments were made after the death of the employee, nor shall such amounts
be a charge against the estate of the employee provided that any such beneficiary shall have furnished the
Company with any evidence indicating the death of such employee promptly after its receipt.
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ARTICLE 35 - TUITION ASSISTANCE POLICY
35.1 The Tuition Assistance Policy is designed to support employee participation in formal courses of study
that relate directly to the acquisition of job-related skills and knowledge.
Job-related courses of study are defined as those which:
1. Enable employees to maintain and/or improve their capabilities for performance on their
current jobs.
2. Prepare employees for career advancement with the Company.
The Tuition Assistance Policy and program is regarded as a training and development tool. It
represents a joint effort to guide growth patterns such that they are consistent with both the needs of the
organization and the development of the individual. Management, therefore, reserves the prerogative to
approve only those Tuition Assistance/Reimbursement applications which fall within the parameters of its
business needs and an assessment of an individual’s capability.
35.2 Definitions
Tuition: Includes only the fees charged by a school or institution. Traveling expenses or funds spent
on books and other related supplies will not be included in any reimbursement.
Knowledge or Skill: What constitutes qualification for one employee may not be applicable for
another. It depends on the position, educational background and skill development of the individual
involved. It should be emphasized that the training must benefit the individual who will in turn offer
improved skill or knowledge to the Company within his particular job.
35.3 Eligibility
The applicant for tuition reimbursement must be a full-time employee with a minimum of three (3)
months service with the Company, working at the time of enrollment.
35.4 Guidelines
1. Prior approval must be obtained from the Department Head and the VP – Labor &
Employee Services, or his designee, to qualify for reimbursement privileges.
2. Percentage of reimbursement will be based on grade received for each course attended, (not
cumulative for all courses taken) using a 4.0 grading scale. 100% of tuition will be
reimbursed providing the employee receives a grade of 3.5 or better, 75% for a grade
between 3.49 and 2.50, and 50% for a grade between 2.49 and 2.00; nothing if the employee
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receives below a 2.00 or fails to complete the course. Courses which are graded as pass/fail
will be reimbursed 75% for a passing grade.
3. Department Heads or the VP – Labor & Employee Services, or his designee, may limit the
number of courses that an employee takes if the schedule interferes with the employee’s
ability to satisfactorily perform on the job.
4. Tuition reimbursement will be applied towards the actual cost of tuition, less scholarship
awards, governmental sponsored assistance programs or other forms of tuition assistance
that do not need to be repaid to the grantor of the assistance.
35.5 Procedure
1. Any employee interested in applying for tuition reimbursement for a particular course
should complete the “Application for Educational Assistance” form in duplicate and present
both copies to the Department Head for preliminary approval. When completing the
application, information regarding the start and end dates of the courses, and verification of
the cost of the courses must be attached.
2. The Department Head will then forward the application to the VP – Labor & Employee
Services, or his designee, for approval. Employees must obtain these approvals before
enrolling in any course for which they might expect reimbursement. No retroactive
reimbursement will be given for courses the employee has already enrolled in or completed.
3. Upon successful completion of the course, the employee shall submit to the Department
Head a certified transcript of grades received and a receipt for tuition paid. The Company
will then reimburse the employee by check for the appropriate amount of the cost of tuition.
35.6 The provisions of Section 35.1 through Section 35.5 will be considered suspended until such
time as the Company reinstates a Tuition Assistance Policy covering any employee group within the
Company. At that time, the provisions above will be reinstated and, upon request, the parties will
meet and confer in good faith regarding any proposed modifications thereto.
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ARTICLE 36 - DURATION
36.1 General
This Agreement will become effective on December 17, 2017, and will continue in force and effect
for six years, through and until December 17, 2023. Pursuant to the provisions of paragraph 36.2,
the Company will have the option to extend this Agreement for two (2) additional years, through
and until December 17, 2025.
36.2 Company Option
36.2(A) Generally
If the aggregate bargaining unit headcount on the date the option becomes exercisable is equal
to or greater than the aggregate bargaining unit headcount on effective date of this Agreement,
then the Company will have a unilateral option to elect to extend this Agreement through and
until December 17, 2025. The period from December 18, 2023 through December 17, 2025 will
be referred to as the “Option Period”.
36.2(B) Procedures for Exercise of Option
The Company must notify the Union of its intent to exercise the option described in this
paragraph no later than December 17, 2022. If the Company fails to provide the notice
required by this paragraph, the provisions of paragraphs 36.2(C)-(F) will become null and void
and will have no further force or effect.
36.2(C) Annual Fixed Cost of Living Increase
If the Company elects to exercise the option described in this Article, the Company will increase
each of the wage scales in Article 33 of the Agreement in each year of the Option Period. These
adjustments will be made on December 18, 2023 and December 18, 2024 as follows:
Date Annual Fixed Cost of Living Increase
Start of Year 7 2.5%
Start of Year 8 3.0%
Following the December 18, 2024, increase, this paragraph 36.2(C) shall terminate and be of no
further force or effect.
36.2(D) Impact on Amendable Date and Early Opener
If the Company exercises the option described in this paragraph 36.2, the Agreement will
continue in full force and effect through and until December 17, 2025. Further, the Agreement
will renew itself without change following December 17, 2025, unless written notice of intended
change is served by either party in accordance with Section 6 of the Railway Labor Act, as
amended, on or after December 17, 2024.
Page 105
36.2(E) Expedited Dispute Resolution
If the Company elects to exercise its right to extend the 2017 Agreement pursuant to the
procedure outlined in this subsection 36.2, the Union may designate outstanding grievances for
resolution via expedited arbitration pursuant to the following procedures:
36.2(E)(1) Selection of Arbitrator
The parties will designate one (1) arbitrator from the panel established in subsection 1.7
and one (1) arbitrator from the panel established pursuant to Article 9 no later than March
17, 2023. In the event that the parties are unable to select an arbitrator from one or both
panels by mutual consent, the parties will select an arbitrator by striking names
alternatively until one (1) remains (with the first strike determined by coin toss).
36.2(E)(2) Designation of Grievances
The Union will identify the grievances to be arbitrated no later than March 17, 2023. The
arbitrator selected from the panel established pursuant to subsection 1.11(G) will decide all
grievances related to aviation specific wages, work rules, and working conditions. The
arbitrator selected pursuant to Article 9 will decide all remaining grievances.
36.2(F) Technicians in Option Years
If the Company elects to exercise its right to extend the 2017 Agreement pursuant to the
procedure outlined in this subsection 36.2, it shall post twenty-one (21) additional maintenance
technician positions, to be filled as soon as reasonably practicable, including by making offers of
employment to qualified applicants, following December 18, 2023.
36.3 Company Refusal to Exercise Option
36.3(A) If the Company exercises the Two-Year Option described in paragraph 36.2, the
provisions of paragraph 36.3(B) will become null and void and have no further force or effect.
36.3(B) If the Company does not exercise the option described in paragraph 36.2, the
Agreement will renew itself without change for successive one (1) year periods following
December 17, 2023, unless written notice of intended change is served by either party in
accordance with Section 6 of the Railway Labor Act, as amended, between June 17 and July 17
of 2023 or the same dates during any subsequent year.
36.3(C) If the Company does not exercise the option described in subsection 36.2, the Company
will make a one-time Fixed Cost of Living Adjustment to each of the wage scales in Article 33 of
the Agreement on December 17, 2023. The one-time Fixed Cost of Living Adjustment will be
equivalent to the lesser of CPI-U over the prior twelve (12) months or two percent (2%). This
subsection 36.3(C) shall become null and void and have no further force or effect following the
one-time Fixed Cost of Living Adjustment described in this subsection 36.3(C).
Page 106
NETJETS AVIATION, INC. INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, AIRLINE DIVISION, LOCAL
284
_____________________________ ______________________________
Alan Bobo David Bourne
EVP, Operations Director, Airline Division
______________________________
Mark Vandak
President, IBT Local 284
Page 107
LETTERS OF AGREEMENT STATUS TABLE
Status Description
Active Currently utilized
Inactive Previously performed, but retain for historic value
Superseded Superseded by another letter or new language in CBA
Number Description Status
00-01 Terms and Conditions 1/16/07 Active
00-02 Benefits 1/16/07 Superseded
00-03 Base Maintenance 1/16/07 Active
00-04 Technician Staffing 2/15/07 Active
00-05 Early Out Inactive
01-01 APA Fuel Tank Entry Work 10/29/08 Active
06-01 RGIS Inventory 03/23/06 Active
07-01 Base Maintenance Bid 04/26/07 Active
07-02 Commissary Work 04/26/07 Active
07-03 Delivery of Parts 04/26/07 Active
13-01 Bereavement Leave Superseded
14-01 FMLA 10/30/17 Superseded
20-01 Training School Bids 04/14/08 Superseded
22-01 Avionics Active
25-01 Light Duty Superseded
32-01 12-to-13 Hours 05/11/07 Active
33-01 Cooper Settlement / Travel Expenses Active
None MASAP Joint Review Committee Inactive
None Second GV Inspection Inactive
None Second GV Inspection Inactive
None GV LOA Inactive
None December 2013 Arbitration Panel Active
None December 2009 Arbitration Panel Superseded
Page 108
LETTER OF AGREEMENT XX-XXX (IMPLEMENTATION)
between
NETJETS AVIATION, INC. and NETJETS SALES, INC.
and
THE MECHANICS AND RELATED EMPLOYEES
in the service of
NETJETS AVIATION, INC. and NETJETS SALES, INC.
as represented by the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AIRLINE DIVISON
This Letter of Agreement (“LOA”) is made and entered into in accordance with the provisions of
Title II of the Railway Labor Act, as amended, by and between NETJETS AVIATION, INC. and
NETJETS SALES, INC. (the “Company”) its successors and assigns, and the Mechanics and Related
Employees in the service of the Company as represented by INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, AIRLINE DIVISON (the “Union”)
WHEREAS, the parties have reached a tentative agreement on a successor to the 2007 collective
bargaining agreement;
WHEREAS, the parties have identified a number of transition and implementation issues; and
WHEREAS, the parties intend to have this LOA become effective subject to its terms on the date of
ratification of the 2017 Agreement.
NOW, THEREFORE, the parties stipulate and agree as follows:
1. Article 16 – Article 16 of the 2017 CBA shall replace Article 16 of the 2007 CBA for Technical
and Non-Technical Employees on January 9, 2018. Employees in the MCC Seniority Group who
work on December 25, 2017 shall be paid at the 2.5x rate of pay; provided, they have at least one
2017 holiday remaining (which shall be forfeited). Employees in the MCC Seniority Group who
work on December 25, 2017 and who do not have one 2017 holiday remaining shall be paid at the
1.5x rate of pay. Article 16 of the 2017 CBA shall become fully effective for the MCC seniority
group on January 1, 2018.
2. Article 18 – Maintenance Controllers (MCs) shall transition into the same 401(k) plan as other
employees in the craft or class effective as soon as practicable following ratification, but no later
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than January 1, 2019. If the transition is delayed past the start of the 2018 plan year, no MC shall
be harmed as a result of the delayed transition.
3. Article 17
a. Medical, Dental, and Vision Insurance – Within 30 days following ratification, the
Company will open a special enrollment period for MCs to transition to the medical,
dental, and vision plans described in Article 17 of the Agreement. The special
enrollment period will be open for 14 days. A MC who fails to make an election
during the special enrollment period will be defaulted into the plan that most closely
approximates his election during the 2017 annual enrollment (e.g., medical Option 1
to Option 1, medical Option 3 to Option 3). The Company and Union shall cooperate
to contact employees on vacation or LOA to advise them of the special enrollment
period. The Company will conduct the special enrollment in a fashion that ensures
plan documents are available to the MCs.
b. Life Insurance
i. The provisions of Article 17.4(b) shall become effective for employees in the
Technical and Non-Technical Seniority Groups commencing in the plan year
beginning January 1, 2019.
ii. Notwithstanding the provisions of the preceding subparagraph, Employees in
the Technical and Non-Technical seniority groups who currently participate
in the supplemental life insurance plan described in Section 17.4(b) of the
2007 CBA may continue to do so via payroll deduction for as long as
Guardian continues to make the plan available to the Company and Union.
c. Legal Services Plan
i. The Company will, within 30 days of ratification, offer employees in the
Technical and Non-Technical seniority groups an opportunity to participate
in the Legal Services plan described in Article 17. The offer shall be open
for at least 14 days.
4. Article 22 – Employees shall not be displaced from their existing positions (including lead and
QC positions) as a result of the addition of the minimum qualifications table in Section 22.3.
5. Article 24 – The parties agree that proposals offered and discussions held during negotiations in
connection with amendments to Section 24.6 and 28.4 of the 2007 CBA shall be deemed
inadmissible in all disputes arising under this Agreement. Grievance No. 01-2016 (Section 24.6)
is hereby withdrawn without prejudice.
Page 110
6. Article 25 – Employees in the Maintenance Controller seniority group shall have their sick leave
balances under company policy as of the date of ratification (calculated as 40 hours less the
employee’s usage in calendar year 2017) converted to accrued sick leave under the Agreement,
provided that no employee shall have a balance of less than 12 hours as of the date of ratification.
Sick leave accruals shall begin on the date of ratification.
7. Article 27 – For the Maintenance Controller Seniority Group, the first shift bid will be published
in February 2018 for the bid period commencing in April 2018. Notwithstanding Subsection
27.1, no more than 20% of MCs may change fleets in the April 2018 bid period without the
Company’s consent. The parties will continue to follow existing scheduling practices pending the
start of the April 2018 bid period.
8. Article 28 – For the Maintenance Controller Seniority Group, the parties will make a reasonable
effort to develop the Maintenance Controller Overtime Sign-Up List and Overtime Tracking
Form described in Article 28 within 30 days following development of the Seniority List for the
MCC seniority group. Until the Overtime Sign-Up List and Overtime Tracking Form is
developed, and subsequently maintained by the Union, the parties will continue to follow existing
Overtime Posting and Awarding practices. Thereafter, the parties shall begin to utilize the
procedures set forth in subsection 28.3.
9. Article 30 – The Provisions of Article 30 will become effective on April 1, 2018. The Company
will continue to follow existing vacation scheduling practices as applied in the respective groups
until April 1, 2018. The parties will engage in the vacation bidding procedures described in
Article 30—utilizing the prorated vacation allotments described below—in order to award
vacation for the vacation year commencing on April 1, 2018. No employee will lose any
vacation, measured on a net basis across this time period of transition. Because current practices
require all employees under this CBA to utilize their entire vacation allotment over the 12 months
following their anniversary date, proration becomes necessary during the first vacation year of the
Agreement to transition to the April 1 through March 31 vacation year described in Article 30.
The proration shall occur as set forth below. The Company and the Union will cooperate with
respect to the implementation of these provisions and may deviate from them by mutual
agreement as necessary to effectuate the terms of the Agreement.
a. Employees who, as a result of their anniversary date, receive their 2017 vacation
allotment prior to April 1, 2017 or on or after the date of ratification will have their
vacation normally available on their first post-ratification anniversary date prorated
from their first post-ratification anniversary date through March 31, 2018.
Example:
i. If the CBA is ratified on November 27, 2017, an employee who normally
receives 120 hours of vacation on December 1, 2017 will receive 40 hours of
vacation to use until the new Article 30 vacation year commencing on April
Page 111
1, 2018. The employee will then receive another 120 hours of vacation on
April 1, 2018 for use during the new vacation year.
An employee may request and the Company may permit the employee to borrow
from the vacation allotment that will be awarded on April 1, 2018.
If proration results in a partial hour, it shall be rounded up to the nearest hour.
b. Employees who, as a result of their anniversary date, received their 2017 vacation
allotment between April 1, 2017 and the date of ratification, will choose between
prorating their 2017 or 2018 vacation allotment.
Examples:
i. Prorating the 2017 vacation allotment—If the CBA is ratified on December
29, 2017, an employee who received 120 hours of vacation on November 1,
2017 may elect to return 70 hours of vacation and use the remaining 50 hours
on or before March 31, 2018. The employee will receive 120 hours of
vacation April 1, 2018 for use during the 2018 vacation year.
ii. Prorating the 2018 vacation allotment—if the CBA is ratified on December
29, 2017, an employee who received 120 hours of vacation on November 1,
2017, may elect to utilize all of his vacation prior to March 31, 2018
(consistent with and subject to current practices). The employee will then
only receive 50 hours of vacation on April 1, 2018 for use during the 2018
vacation year.
If proration results in a partial hour, it shall be rounded up to the nearest hour.
10. Article 31 – For the Maintenance Controller Seniority Group, the parties shall use reasonable
efforts to complete and publish the first Seniority List within thirty days of ratification. There
shall be a 30-day protest period commencing on the date the Seniority List is first published.
During this protest period, a Maintenance Controller may protest their relative seniority position,
alleged omissions, or other incorrect postings that may affect his seniority. Protests must be
submitted in writing to the Union President or his designee, who shall forward such protests to
the Company. A Maintenance Controller who fails to submit a written protest within this time
shall be bound by the Seniority List as posted and shall have no further recourse. The Union may
file a grievance over a protest that is not resolved to its satisfaction. If the parties do not resolve
the grievance, the Union may submit the grievance to expedited arbitration under Section 1.9 of
the Agreement.
11. Article 33 – The Parties acknowledge that a reasonable period may be required to implement
certain pay practices described in Article 33 (other than base wages) for the Maintenance Control
seniority group. The Company, Union, and Employees shall cooperate to fully implement Article
Page 112
33 as soon as practicable. To the extent any element of Article 33 is delayed for MCs,
compensation will be retroactive to the effective date of the Agreement (i.e., December 17, 2017).
12. Grievance No.: 14-2014 (AKA the “Five Track Grievance”)—this Grievance is withdrawn with
prejudice.
13. The parties shall cooperate to correct any inadvertent errors or omissions in the Tentative
Agreement. This shall include, without limitation, a review of all individual Article, Section, and
subsection references.
Page 113
LETTER OF AGREEMENT XX-XXX (SIGNING BONUS)
between
NETJETS AVIATION, INC. and NETJETS SALES, INC.
and
THE MECHANICS AND RELATED EMPLOYEES
in the service of
NETJETS AVIATION, INC. and NETJETS SALES, INC.
as represented by the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AIRLINE DIVISON
This Letter of Agreement (“LOA”) is made and entered into in accordance with the provisions of
Title II of the Railway Labor Act, as amended, by and between NETJETS AVIATION, INC. and
NETJETS SALES, INC. (the “Company”) its successors and assigns, and the Mechanics and Related
Employees in the service of the Company as represented by INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, AIRLINE DIVISON (the “Union”)
WHEREAS, the parties have reached a tentative agreement on a successor to the 2007 collective
bargaining agreement;
WHEREAS, the parties intend to have this LOA become effective subject to its terms on the date of
ratification of the 2017 Agreement; and
WHEREAS, the ratification process will conclude at or before midnight on December ____, 2017;
NOW, THEREFORE, the parties stipulate and agree as follows:
1. All Employees on the Seniority List on the date of ratification of the 2017 Agreement will receive a
bonus payment based on their seniority group or classification and seniority equivalent to the
following (“Signing Bonus”):
Seniority Group/Classification Bonus Payment
Technical and MCC Seniority Groups $150 per month of service, up to $30,000
Stock Clerks $90 per month of service, up to $18,000
Fuelers and Cleaners $60 per month of service, up to $12,000
Page 114
The Signing Bonus will be subject to normal taxes and withholdings. For the purposes of calculating
the Signing Bonus, a partial month of seniority will count as a full month.
2. Except as provided in Paragraph 3, the Company will pay the Signing Bonus within two full pay
periods of ratification.
3. Those Employees on the Seniority List, but on leave of absence on the date of ratification (with the
exception of Employees on military or Family Medical Leave Act (“FMLA”) leaves of absence), will
be paid the Signing Bonus, without interest, on the first full pay period following their return from
leave of absence.
4. All Employees eligible for the Signing Bonus who are on military or FMLA leaves of absence will
receive the Signing Bonus payments pursuant to Paragraph 2.
5. Employees may elect to have their Signing Bonus in whole, or part, deposited into their 401(k)
account. For purposes of facilitating this election, the Company will publish 401(k) deferral
instructions at least two weeks prior to the payment.
SIGNED, this ____ day of December 2017.
For the Union: For the Company:
Page 115
LETTER OF AGREEMENT XX-XXX (PERSONAL DAY)
between
NETJETS AVIATION, INC. and NETJETS SALES, INC.
and
THE MECHANICS AND RELATED EMPLOYEES
in the service of
NETJETS AVIATION, INC. and NETJETS SALES, INC.
as represented by the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AIRLINE DIVISON
This Letter of Agreement (“LOA”) is made and entered into in accordance with the provisions of
Title II of the Railway Labor Act, as amended, by and between NETJETS AVIATION, INC. and
NETJETS SALES, INC. (the “Company”) its successors and assigns, and the Mechanics and Related
Employees in the service of the Company as represented by INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, AIRLINE DIVISON (the “Union”)
WHEREAS, the parties have reached a tentative agreement on a successor to the 2007 collective
bargaining agreement;
WHEREAS, the parties intend to have this LOA become effective subject to its terms on the date of
ratification of the 2017 Agreement; and
WHEREAS, the ratification process will conclude at or before midnight on December ____, 2017;
NOW, THEREFORE, the parties stipulate and agree as follows:
1. Employees hired into the Technical and Non-Technical seniority groups prior to the date of
ratification shall retain the right to take one personal day per year as described in Section 27.11 of
the 2007 CBA.
SIGNED, this ____ day of December 2017.
For the Union: For the Company:
Page 116
LETTER OF AGREEMENT XX-XXX (LONGEVITY PAY PROTECTION)
between
NETJETS AVIATION, INC. and NETJETS SALES, INC.
and
THE MECHANICS AND RELATED EMPLOYEES
in the service of
NETJETS AVIATION, INC. and NETJETS SALES, INC.
as represented by the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AIRLINE DIVISON
This Letter of Agreement (“LOA”) is made and entered into in accordance with the provisions of
Title II of the Railway Labor Act, as amended, by and between NETJETS AVIATION, INC. and
NETJETS SALES, INC. (the “Company”) its successors and assigns, and the Mechanics and Related
Employees in the service of the Company as represented by INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, AIRLINE DIVISON (the “Union”)
WHEREAS, the parties have reached a tentative agreement on a successor to the 2007 collective
bargaining agreement;
WHEREAS, the parties intend to have this LOA become effective subject to its terms on the date of
ratification of the 2017 Agreement; and
WHEREAS, the ratification process will conclude at or before midnight on December ____, 2017;
NOW, THEREFORE, the parties stipulate and agree as follows:
1. An employee receiving longevity day in excess of $2.00 on the date of ratification will not have
his longevity rate reduced. Rather, the rate in effect on the date of ratification shall remain in
effect
SIGNED, this ____ day of December 2017.
For the Union: For the Company:
Page 117
LETTER OF AGREEMENT XX-XXX (MCC PAY PROTECTION)
between
NETJETS AVIATION, INC. and NETJETS SALES, INC.
and
THE MECHANICS AND RELATED EMPLOYEES
in the service of
NETJETS AVIATION, INC. and NETJETS SALES, INC.
as represented by the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AIRLINE DIVISON
This Letter of Agreement (“LOA”) is made and entered into in accordance with the provisions of
Title II of the Railway Labor Act, as amended, by and between NETJETS AVIATION, INC. and
NETJETS SALES, INC. (the “Company”) its successors and assigns, and the Mechanics and Related
Employees in the service of the Company as represented by INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, AIRLINE DIVISON (the “Union”)
WHEREAS, the parties have reached a tentative agreement on a successor to the 2007 collective
bargaining agreement;
WHEREAS, the parties intend to have this LOA become effective subject to its terms on the date of
ratification of the 2017 Agreement; and
WHEREAS, the ratification process will conclude at or before midnight on December ____, 2017;
NOW, THEREFORE, the parties stipulate and agree as follows:
1. No employee in the MCC seniority group on the date of ratification shall suffer a reduction in his
base hourly pay rate as a result of ratification of this Agreement. An employee in the MCC
seniority group with a pre-ratification base pay rate (calculated as his pre-ratification salary
divided by 2,184) that exceeds his base rate under the Agreement shall maintain his pre-
ratification base rate until such time as his base rate under the Agreement equals or exceeds his
pre-ratification base rate.
SIGNED, this ____ day of December 2017.
For the Union: For the Company:
Page 118
LETTER OF AGREEMENT XX-XXX (13 HOUR SHIFT)
between
NETJETS AVIATION, INC. and NETJETS SALES, INC.
and
THE MECHANICS AND RELATED EMPLOYEES
in the service of
NETJETS AVIATION, INC. and NETJETS SALES, INC.
as represented by the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AIRLINE DIVISON
This Letter of Agreement (“LOA”) is made and entered into in accordance with the provisions of
Title II of the Railway Labor Act, as amended, by and between NETJETS AVIATION, INC. and
NETJETS SALES, INC. (the “Company”) its successors and assigns, and the Mechanics and Related
Employees in the service of the Company as represented by INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, AIRLINE DIVISON (the “Union”)
WHEREAS, the parties have reached a tentative agreement on a successor to the 2007 collective
bargaining agreement;
WHEREAS, the parties intend to have this LOA become effective subject to its terms on the date of
ratification of the 2017 Agreement; and
WHEREAS, the ratification process will conclude at or before midnight on December ____, 2017;
NOW, THEREFORE, the parties stipulate and agree as follows:
1. Employees in the Technical and Non-Technical groups who hold 13-hour shifts on the date of
ratification will not be required to transition to 12-hour shifts. However, they may choose to do
so.
SIGNED, this ____ day of December 2017.
For the Union: For the Company:
Page 120
LETTER OF AGREEMENT XX-XXX (MCC SUPPORT)
between
NETJETS AVIATION, INC. and NETJETS SALES, INC.
and
THE MECHANICS AND RELATED EMPLOYEES
in the service of
NETJETS AVIATION, INC. and NETJETS SALES, INC.
as represented by the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AIRLINE DIVISON
This Letter of Agreement (“LOA”) is made and entered into in accordance with the provisions of
Title II of the Railway Labor Act, as amended, by and between NETJETS AVIATION, INC. and
NETJETS SALES, INC. (the “Company”) its successors and assigns, and the Mechanics and Related
Employees in the service of the Company as represented by INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, AIRLINE DIVISON (the “Union”)
WHEREAS, the parties have reached a tentative agreement on a successor to the 2007 collective
bargaining agreement;
WHEREAS, the parties intend to have this LOA become effective subject to its terms on the date of
ratification of the 2017 Agreement; and
WHEREAS, the ratification process will conclude at or before midnight on December ____, 2017.
NOW, THEREFORE, the parties stipulate and agree as follows:
1. It shall not be a violation of this Agreement for an OEM, approved vendor, or third-party
contractor to support Maintenance Controllers in the performance of the work described in
Section 22.2, consistent with the type of support provided prior to ratification, if and to the extent
such support would otherwise be covered by Section 1.3(A).
2. Paragraph 1 of this LOA is inadmissible in any dispute not involving a claim that an OEM,
approved vendor, or third-party contractor has performed maintenance control work in violation
of Section 1.3(A).
3. All proposals offered in bargaining over the last sentence of Section 1.3(C) and this LOA are
inadmissible in all future disputes.