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2013 Agreement Between Chautauqua Airlines, Inc

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2013 Agreement Between Chautauqua Airlines, Inc 2013 AGREEMENT BETWEEN CHAUTAUQUA AIRLINES, INC., REPUBLIC AIRLINES, INC., SHUTTLE AMERICA AND THE FLIGHT ATTENDANTS IN THE SERVICE OF CHAUTAUQUA AIRLINES, INC., REPUBLIC AIRLINES, INC. AND SHUTTLE AMERICA AS REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, Airline Division 2013 Agreement Table of Contents Table of Contents Table of Contents . TOC-1 ARTICLE 1. RECOGNITION AND SCOPE . 1-1 ARTICLE 2. DEFINITIONS . 2-1 ARTICLE 3. COMPENSATION. 3-1 ARTICLE 4. EXPENSES. 4-1 ARTICLE 5. MOVING EXPENSES . 5-1 ARTICLE 6. SCHEDULING . 6-1 ARTICLE 6A. RESERVE . 6A-1 ARTICLE 7. VACANCIES . 7-1 ARTICLE 8. INFLIGHT SUPPORT SPECIALISTS. 8-1 ARTICLE 9. SENIORITY. 9-1 ARTICLE 10. TRAINING. 10-1 ARTICLE 11. REDUCTION IN FORCE OR FURLOUGH. 11-1 ARTICLE 12. LEAVE OF ABSENCE . 12-1 ARTICLE 13. PHYSICAL STANDARDS . 13-1 ARTICLE 14. INSURANCE AND OTHER BENEFITS . 14-1 ARTICLE 15. TRANSFER TO POSITIONS NOT COVERED BY THIS AGREEMENT . 15-1 ARTICLE 16. MISCELLANEOUS FLYING. 16-1 ARTICLE 17. NOTICES TO FLIGHT ATTENDANTS. 17-1 ARTICLE 18. RESOLUTION OF DISPUTES . 18-1 ARTICLE 19. SYSTEM BOARD OF ADJUSTMENT . 19-1 ARTICLE 20. UNION MEMBERSHIP . 20-1 ARTICLE 21. UNIFORMS . 21-1 ARTICLE 22. GENERAL. 22-1 Page TOC-1 2013 Agreement Table of Contents ARTICLE 23. NEW EQUIPMENT . 23-1 ARTICLE 24. HOURS OF SERVICE . 24-1 ARTICLE 25. BASES . 25-1 ARTICLE 26. MISSING, INTERNMENT, HOSTAGE OR PRISONER OF WAR BENEFITS . 26-1 ARTICLE 27. SICK LEAVE . 27-1 ARTICLE 28. VACATIONS. 28-1 ARTICLE 29. ATTENDANCE POLICY. 29-1 ARTICLE 30. DURATION . 30-1 APPENDIX A. OFFICIAL AGREEMENT LETTERS. A-1 INDEX . INX-1 Page TOC-2 2013 Agreement ARTICLE 1 RECOGNITION AND SCOPE ARTICLE 1 RECOGNITION AND SCOPE A. Pursuant to the certification by the National Mediation Board in Case No. R-6225 dated January 3, 1994, Chautauqua Airlines (the Company) recognizes the International Brotherhood of Teamsters, Airline Division (the Union/IBT), as the duly designated and authorized representative of the Flight Attendants in the employ of the Company for the purposes of the Railway Labor Act, as amended. B. The purpose of this Agreement, in the mutual interest of the Company, the Union, and the Flight Attendants, is to provide for the operation of the Company under methods which will further to the fullest extent possible the safety of air transportation, the efficiency of operation, and the continuation of employment of Flight Attendants under conditions of reasonable working conditions and proper compensation, and the profitability of the Company. It is recognized to be the duty of the Company, the Union, and the Flight Attendants to cooperate fully for the attainment of these purposes. C. This Agreement supersedes all existing or previously executed agreements by and between the Company and the Union or any other labor organization or individual with respect to the rates of pay, rules, or working conditions specifically covered by the provisions of this Agreement in accordance with the provisions of the Railway Labor Act, as amended. Any and all subsequent agreements between the parties shall be reduced to writing, signed by their authorized representatives, and become a part of this Agreement. D. Whenever the words "Flight Attendant" are used in this Agreement, they designate and refer only to Flight Attendant(s) covered by this Agreement. It is further recognized that whenever in this Agreement Flight Attendant(s) are referred to in either the masculine or feminine gender, it shall be understood to mean both male and female Flight Attendants. E. In accordance with applicable law, there shall be no discrimination by either party against any Flight Attendant because of age, race, sex, color, religion, union activity, national origin, sexual orientation, handicap or disability that would not prevent them from safely performing the duties of a Flight Attendant. Page 1-1 2013 Agreement ARTICLE 1 RECOGNITION AND SCOPE F. Scope 1. This Agreement covers the Company, any subsidiary of the Company, the Company's parent, any subsidiary of the Company's parent and any future airline certificate(s) created as a subsidiary of the Company or subsidiary of the Company's parent. 2. Except as otherwise provided in this Agreement, all present and future cabin passenger service (including that international cabin service which originates or terminates within the United States or its possessions) including all charters or other utilization of aircraft by or for the Company, the Company's parent or any subsidiary of the Company or subsidiary of the Company's parent shall be performed by Flight Attendants on the Flight Attendants' System Seniority List in accordance with the terms and conditions of this Agreement or any other applicable agreement between the Company, the Company's parent or any subsidiary of the Company's parent and the International Brotherhood of Team- sters, Airline Division. 3. The Company, Subsidiary of the Company, the Company's Parent or Subsidiary of the Parent shall not establish any new airline (alter ego or otherwise) or acquire a controlling interest in any carrier whether directly or through the Parent or another Subsidiary of the Parent, and maintain it as a separate carrier to avoid the terms and conditions of this Agreement. A "Controlling Interest" or "Control" means the ownership of an equity interest representing more than fifty percent (50%) of the outstanding capital stock of an entity or voting securities representing more than fifty percent (50%) of the total voting power of outstanding securities then entitled to vote generally in the election of such entity's board of directors or other governing body. 4. The Company will not transfer aircraft, routes or operating authority to its Parent, a Subsidiary of the Parent, or to a Subsid- iary of the Company for the purpose of evading the terms of this Agreement. The Company will also not establish a third party leasing device to evade the terms of this agreement. G. Wet Lease/Dry Lease The Company will not enter into any wet lease agreement, or contract with or for any other carrier or entities (government, military or commercial) without mutual agreement with the Union. Code share agreements with other air carriers do not constitute contracts subject to this provision. 1. No Flight Attendant within the bargaining unit will be reduced in status or lose any income or employee benefits while discussions are taking place or during the period of the wet lease. 2. The Union will not disagree to a wet lease solely due to the grounding of Company aircraft due to a force majeure event, i.e., governmental action or an act of nature, so long as the Company acts with due diligence to remedy the event. Page 1-2 2013 Agreement ARTICLE 1 RECOGNITION AND SCOPE 3. The Company will give the Union at least thirty (30) days' notice prior to the effective date of the dry lease of Company aircraft to another air carrier or entity pursuant to Section G. At the request of the union, it may review the actual dry lease documents, subject to appropriate confidentiality agreements. H. Foreign Bases The Company shall not establish a Flight Attendant Base outside of the 48 Contiguous United States and the District of Columbia without providing advance, written notice to and bargaining with the Union at least sixty (60) days prior to any bid establishing such Base. Unless and until the Company and the Union reach agreement on different terms and conditions for the foreign base operation, Flight Attendants assigned to such Base shall be covered by all terms of this Agreement. In the event that the parties cannot reach agreement on the terms and conditions of the foreign base operation by the end of the 60 day period referenced above, the dispute shall be handled in accordance with the procedures set forth in Paragraph M, below of this Agreement. In any proceeding related to the enforcement of the obligations of this paragraph, the Company will not raise non-applicability of the Railway Labor Act as a defense. Disputes concerning Flight Attendants based at foreign Bases shall be heard by the System Board of Adjustment, as set forth in this Agreement, and the decision of the System Board in such cases shall be enforceable in any court of competent jurisdiction in the United States to the same extent and in the same manner as other cases arising out of interpretation and application of this Agreement. I. Furlough Protection 1. No Flight Attendant on the Company Flight Attendant Seniority List as of the date of signing of this Agreement shall be furloughed, except as may be otherwise provided in Article 1.K.2., below. Page 1-3 2013 Agreement ARTICLE 1 RECOGNITION AND SCOPE 2. The Company shall be excused from compliance with the provi- sions of Article 1.I.1., above to the extent that a circumstance over which the Company does not have control is the cause of such noncompliance. The term "circumstance over which the Company does not have control" means an act of nature; a work stoppage by a union-represented employee group at the Company or at an air carrier whose designator code the Company utilizes in holding out its services to the public; grounding of a substantial number of the Company's aircraft by a government agency or by voluntary action of the Company for safety reasons in lieu thereof; reduction in flying operations because of suppliers being unable to provide sufficient critical materials for the Company's operations, revoca- tion of the Company's operating certificate(s), war, terrorism or national emergency, the Company being unable to retain or obtain sufficient aircraft to utilize all Flight Attendants protected from furlough or as a result of adverse economic, market or business conditions that may directly impact the Company's operations.
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