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AGREEMENT Between the CONTINENTAL AIRLINES, INC

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AGREEMENT Between the CONTINENTAL AIRLINES, INC AGREEMENT between The CONTINENTAL AIRLINES, INC. Subsidiary Of United Continental Holdings, Inc. and The INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS Flight Attendants January 1, 2010 – September 2, 2012 Table of Contents SECTION SUBJECT PAGE 1 Recognition A. Recognition 1-1 B. Scope 1-1 E. Successorship and Mergers 1-2 2 Definitions A. Airport Alert 2-1 B. Base 2-1 C. Bid Line 2-1 D. Block to Block 2-1 E. Calendar Day 2-1 F. Co-Terminal 2-2 G. Deadheading 2-2 H. Displaced 2-2 I. Domestic Partner 2-2 J. Drafting 2-3 K. First Flight Attendant 2-3 L. Flight Attendant 2-4 M. Flight Time Credit 2-4 N. Foreign Language Base 2-4 O. Foreign Language Speaker 2-4 P. International Service Manager 2-5 Q. Per Diem 2-6 R. Published Time 2-6 S. Reserve 2-6 T. R Days 2-7 U. Scheduler/Crew Coordinator 2-7 V. 72 Hour Window 2-7 W. Specially Qualified 2-8 X. Trip Pairing or Trip 2-8 Y. Unscheduled Trip 2-8 Z. Voluntary Furlough 2-9 i - Table of Contents Table of Contents (continued) SECTION SUBJECT PAGE 3 General A. Nondiscrimination 3-1 B. Records 3-1 C. Passes 3-2 D. Passports/Inoculations 3-3 E. Savings Clause 3-4 F. System Seniority List 3-4 G. Luggage 3-5 H. Insurance Indemnification 3-5 I. Telephones 3-6 J. Date/Time Stamps 3-6 K. Employment Verification 3-6 L. Special Transportation 3-7 M. Orders In Writing 3-7 N. Union Locking Box 3-7 O. Lounges 3-8 P. Bulletin Boards 3-8 Q. Flight Attendant Mailboxes 3-8 R. Copy of this Agreement 3-9 S. Parking 3-9 T. Deadhead 3-10 U. Crew Breaks 3-12 V. Crew Meals 3-14 W. Union Business 3-15 X. Overhead Compartments 3-15 Y. Official Notices 3-16 Z. Multiple Cabin Jumpseaters 3-16 4 Compensation A. Base Pay Rates 4-1 B. 1. Incentive Pay rates 4-2 2. Critical Staffing Incentive Rates 4-3 C. International Override 4-4 D. Starlight Pay 4-4 E. Short Crew Pay 4-4 F. ISM Pay 4-5 G. First Flight Attendant Pay 4-8 H. Galley Pay 4-8 Table of Contents - ii Table of Contents (continued) SECTION SUBJECT PAGE 4. Compensation (cont.) I. Pay 4-9 J. Reserve Guarantee 4-10 K. Paycheck/Vouchers 4-10 L. Deadhead Pay 4-11 M. Reserve Duties 4-12 N. Holding Pay 4-12 O. Trip Rig 4-12 P. “Overs” Protection 4-13 Q. Foreign Language Speakers Pay 4-13 R. Duty Free 4-14 S. Pay Guarantee 4-14 W. Drug/Alcohol Testing Pay 4-15 X. Drafting 4-15 5 Scheduling A. Line Construction 5-1 B. Hours of Service 5-4 B.7. Duty Limitations 5-7 B.9. Rest Periods 5-8 C. Reduced Flying 5-10 C.5. Seniority and Benefits 5-15 D. Bidding on Schedules 5-18 E. Month to Month Line Adjustments 5-20 F. FLS Provisions 5-24 G. Adding, Dropping or Trading Trips 5-26 G.1. Personal Drop 5-26 G.2. Equipment Change 5-26 G.3. Restoration of Days Off 5-27 G.4. Trip Duplication 5-28 G.5. Trip Trades and Pick-ups 5-28 G.6. Seniority Option 5-42 H. Open Time 5-43 I. Reserve Duty 5-44 J. Drafting 5-58 K. Loss of Flight Time 5-59 L. Notification 5-65 M. Waiving of Limitations 5-65 Table of Contents – iii Table of Contents (continued) SECTION SUBJECT PAGE 6 Required Meetings and Training 7 Traveling Expenses D. Per Diem 7-1 I. Hotel Gainsharing 7-4 8 Vacation A. Basis of Accrual 8-1 B. Vacation Schedule 8-1 C. Vacation Pay 8-2 D. Vacation Administration 8-3 E. Vacation deferrals 8-5 F. Vacation Bid Month 8-6 G. Optional Flex Program 8-6 H. Vacation Payments Upon Termination 8-7 9 Sick Leave A. Sick and OI Bank Accrual 9-1 B. Catastrophic Bank Accrual 9-1 C. Rapid Re-accrual 9-2 G. Make Up of Sick/OI Leave Bank 9-4 H. Medical Verification 9-4 I. Occupational Injury Administration 9-7 10 Medical Examinations C. Medical Dispute Resolution Procedures10-2 11 Alcohol and Drug Testing Part 1 – Testing Occasions 11-1 Part 2 – Drug Testing Procedures 11-4 Part 3 – Alcohol Testing 11-7 Part 4 – Consequences of a Verified 11-7 Confirmed Positive Drug Test Part 5 – Consequences - Positive Alcohol 11-11 Part 6 – No Notice testing 11-12 Part 7 – Voluntary Rehabilitation 11-13 Part 8 – Refusal or Failure to Cooperate 11-13 Part 9 – General 11-14 Table of Contents - iv Table of Contents (continued) SECTION SUBJECT PAGE 12 Filling of Vacancies A. Awarding of Vacancies 12-1 B. Base Transfers 12-3 C. Opening of a New Base 12-6 D. Temporary Vacancies 12-6 13 Furloughs, Base Closures & Base Reductions F. Moving/Relocation 13-4 G. Furlough 13-6 N. Furlough Pay 13-11 14 Leaves of Absence A. General Rules 14-1 B. Company Offered and Personal 14-4 Leaves of Absence C. Medical Leaves of Absence 14-6 D. Parental Leave of Absence 14-8 E. Military Leave of Absence 14-9 F. Educational Leave of Absence 14-9 G. Funeral Leave of Absence 14-9 H. Emergency Leave of Absence 14-10 I. Jury Duty Leave of Absence 14-11 J. Union Leave of Absence 14-13 15 Uniforms Uniform Allowance Points 15-4 16 Seniority A. Seniority 16-1 B. Seniority Protests 16-2 C. Period of Probation 16-3 17 Personnel Files Table of Contents – v Table of Contents (continued) SECTION SUBJECT PAGE 18 Investigations 19 Grievance Procedures A. Representation 19-1 B. Procedure 19-3 C. General 19-6 20 System Board of Adjustment A. Composition and Selection 20-1 B. Docket 20-3 C. Expenses and Transportation 20-7 21 Jobsharing 22 Partnership Flying 23 Non-Flying Duties 24 Benefits 25 Missing, Interned or Hostage 26 Union Security and Check-Off A. Union Security 26-1 B. Dues Check-off 26-4 27 Duration Table of Contents - vi Table of Contents (continued) SECTION SUBJECT PAGE LETTERS OF AGREEMENT LOA 1 Add Pay LOA 2 Bid Line Construction LOA 3 Building Speaker Lines LOA 4 Cabin Tidying LOA 5 California Resident Disability LOA 6 Conscientious Reporting Program LOA 7 Continental Micronesia LPPs LOA 8 COPA LOA 9 Crew Rest Facilities LOA 10 CMS Viewing Capability LOA 11 Customer Complaints LOA 12 Domestic Partner Health & Welfare Benefits LOA 13 Duty Free Bonus Payments LOA 14 Flight Time for Committee Work LOA 15 FMLA LOA 16 Foreign Language Speaker Staffing LOA 17 Foreign Language Tuition Reimbursement LOA 18 Health and Welfare Benefits LOA 19 ISM Pay Rates LOA 20 Jetway Trades LOA 21 Last Chance Opportunity LOA 22 Management Retention of Seniority LOA 23 Military Charter Flying LOA 24 New Technology LOA 25 No Furlough LOA 26 Occupational Injury Pay LOA 27 Pension LOA 28 Preferential Bid Systems Table of Contents – vii Table of Contents (continued) SECTION SUBJECT PAGE LETTERS OF AGREEMENT (continued) LOA 29 Payments in Lieu of Profit Sharing LOA 30 Protection from Assault LOA 31 Safety Committee LOA 32 Satellite Bases LOA 33 Seniority When Transferring From Subsidiaries LOA 34 Sick and Welfare Committee Stock Option Term Sheet LOA 35 Supplemental Commuter Letter LOA 36 Work Life Committees LOA 37 Mutual Trip Trade Board LOA 38 Reciprocal Cabin Seat Privileges LOA 39 INTERIM FENCE AGREEMENT Table of Contents - viii Section 1 – Recognition, Scope, Successorship and Mergers A. Recognition In accordance with certificate (C-6232) issued by the National Mediation Board on October 31, 1990, Continental Airlines, Inc. (the “Company”) hereby recognizes the International Association of Machinists and Aerospace Workers (the “IAM” or the “Union”) as the duly designated and authorized collective bargaining representative of the flight attendants in the employ of the Company for the purposes of the Railway Labor Act, as amended. B. Scope This Agreement shall be applicable to flight attendants employed by the Company assigned to bases in the United States, its territories and possessions within the jurisdiction of the Railway Labor Act, as amended. All flight attendant duties shall be assigned to and performed exclusively by flight attendants holding positions on the System Seniority List in accordance with the terms and conditions of this Agreement. C. Employees covered by this Agreement will be governed by all reasonable rules, regulations and orders of the Company which are not in conflict with the express terms of this Agreement. Unless specifically abridged or modified by an express term of this Agreement, the Company retains full and complete right and power to exercise its Scope, Recognition, Successorship, and Mergers 1 - 1 reasonable management authority in the operations of its business. Such management authority includes, but is not limited to, the right to manage and direct the work force, including, but not limited to, the right to hire, promote, demote, transfer, and control operations and to establish and/or change work schedules and requirements; the right to determine the type of work to be performed and the right to change and introduce different methods, equipment, and facilities; the right to determine and change the number, size and location of bases and facilities, and the number of employees and the work to be done at each; and the right to establish and/or change reasonable Company rules and to maintain discipline and efficiency.
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