When you review the tentative agreement, you will notice...

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

https://mail.teamster.org/owa/redir.aspx?C=hSl2gMoASKjd6smwzmxUR6oA4rS5YxDUxPlO-t88NmuB2wZF9zjVCA..&URL=http%3a%2f%2fteamsterair.org

https://mail.teamster.org/owa/redir.aspx?C=YaVMGrOFMH8fg3kcxZOYyqefvc0Fh5JJRw-YfAfse6iB2wZF9zjVCA..&URL=http%3a%2f%2fteamsters284.unionactive.com

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

Page 1

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.

Page 6

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

Page 8

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.

Page 9

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,

Page 13

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 5 – RESERVED

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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.

Page 17

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.


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.


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.



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. .


then award the position to the qualified senior bidder from the Technical or MCC

group.

Page 31



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.

Page 33

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

Page 34

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.

Page 35

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.

Page 38

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

Page 41

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.

Page 44

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 21 – RESERVED

Page 56

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


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


FCC General Radio Telephone Operator’s License

4 years’ experience exercising FCC General Radio Telephone Operator’s License


Maintenance

Controller


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



4 years’ aviation experience exercising A&P certificate


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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24.16 An employee’s attendance records will be removed after one (1) year.

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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


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


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Shift Differential – Technical and Non-Technical

Shift Differential – MCC

FUELER


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


CLEANER


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


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

Page 100

(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

Page 103

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


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

Page 109

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


and


in the service of












ratification of the 2017 Agreement; and

WHEREAS, the ratification process will conclude at or before midnight on December ____, 2017;


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


and


in the service of















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.



Page 116

LETTER OF AGREEMENT XX-XXX (LONGEVITY PAY PROTECTION)

between


and


in the service of















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



Page 117

LETTER OF AGREEMENT XX-XXX (MCC PAY PROTECTION)

between


and


in the service of















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.



Page 118

LETTER OF AGREEMENT XX-XXX (13 HOUR SHIFT)

between


and


in the service of















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.



Page 119

Page 120

LETTER OF AGREEMENT XX-XXX (MCC SUPPORT)

between


and


in the service of













WHEREAS, the ratification process will conclude at or before midnight on December ____, 2017.


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.

Page 121



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