Flight Attendant Collective Bargaining Agreement TABLE of CONTENTS
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2015 Flight Attendant Collective Bargaining Agreement TABLE OF CONTENTS SECTION 1: Recognition SECTION 2: Management Rights SECTION 3: Definitions SECTION 4: Reserved SECTION 5: Seniority SECTION 6: Training and Proficiency Checks SECTION 7: Furlough and Recall SECTION 8: Vacations SECTION 9: Uniforms SECTION 10: Paid Time Off SECTION 11: Union Security SECTION 12: Equal Opportunity SECTION 13: Home Base Airports SECTION 14: Special Assignments SECTION 15: Reserved SECTION 16: Leaves of Absence SECTION 17: Labor Management Cooperation SECTION 18: Union Representation SECTION 19: Scheduling SECTION 20: Travel Expense SECTION 21: Grievance Procedure SECTION 22: System Board of Adjustment SECTION 23: General Conditions SECTION 24: Insurance and Other Benefits SECTION 25: Physical Examination SECTION 26: Internment, Prisoner, Missing or Hostage SECTION 27: Salary, Overtime, extended Days, Miscellaneous SECTION 28: Hours of Service SECTION 29: 401K Retirement Plan SECTION 30: Duration JOINTLY AGREED UPON LIST OF NUMBERED SIDE LETTERS Page 1 of 190 AGREEMENT This Agreement is entered into by and between NetJets Aviation, Inc. (hereinafter "Company") and the International Brotherhood of Teamsters, Airline Division (hereinafter "Union") as representative of Flight Attendants of the Company pursuant to the terms of the Railway Labor Act, as amended, (hereinafter the "Act" or RLA) in the mutual interests of the Flight Attendants and the Company 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 Flight Attendants. Page 2 of 190 SECTION 1 – RECOGNITION 1.1 Pursuant to the certification by the National Mediation Board in Case No. R-6820 dated July 12, 2001, this Agreement is made and entered into between NetJets Aviation, Inc., hereinafter referred to as "Company" and the International Brotherhood of Teamsters, hereinafter referred to as "Union", representing the employees composing the craft and class of Flight Attendants. The Company or employees will not negotiate individually on matters covered by this Agreement. 1.2 This Agreement shall supersede all previous Agreements by and between the Company and the Union or any other labor organization or individual with respect to the Flight Attendants described above 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 the authorized representatives. An “authorized representative” of the Union shall be any authorized agent of the Teamsters Airline Division, including the President or Business Agent of Local 284. 1.3 Scope of Agreement 1.3(A) This Agreement covers all Flight Attendants in the employ of the Company who are employed and assigned within the United States and its territories, and Flight Attendants in such positions when assigned to those segments of international passenger flights flown, or under the functional control of, the Company, its affiliates, or the Company’s parent corporation, NetJets, Inc., which originate or terminate in the United States and its territories, and also Flight Attendants in such positions when assigned at the discretion of the Company on other international passenger flights, or to a foreign domicile pursuant to this Agreement; provided, all flights referenced herein are flown by pilots on the NetJets Aviation, Inc. Seniority List. Any Canadian NetJets Program established by the Company, its parent or any affiliate shall be covered by this Agreement. 1.3(B) All present and future Flight Attendant Services offered to owners/lessees/customers of the Company or its affiliates on aircraft operated by Pilots on the Pilot System Seniority List of NetJets Aviation, Inc. shall be performed exclusively by the Flight Attendants on the NetJets Aviation, Inc. Flight Attendant System Seniority List under the terms of this Agreement. Page 3 of 190 1.3(C) In the event that the NetJets-NJASAP Pilot System Board of Adjustment finds the Company to have violated any provision relating to allocation of flying in Section 1 of the Collective Bargaining Agreement between NJASAP, or its successors or assigns and NetJets Aviation, Inc., as it may be amended from time to time, (1) Flight Attendants covered by this Agreement shall thereafter perform Flight Attendant Services on any and all new flying allocated to NetJets Pilots as a result of the award of the System Board of Adjustment; and (2) the Union may file a grievance under Sections 21 this Agreement for the limited purpose of seeking relief for any loss of compensation suffered by one or more Flight Attendants as a result of the violation. 1.4 Successor Transactions 1.4(A) General 1.4(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. 1.4(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 Flight Attendants on the NetJets Aviation, Inc. Flight Attendant System Seniority List 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). 1.4(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 Page 4 of 190 the written definitive agreement. 1.4(B) Cabin Crew Member 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 Flight Attendants on the NetJets Aviation, Inc. Flight Attendant System Seniority List. 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. 1.4(B)(1) The integration of the seniority lists of the respective flight attendant groups shall be governed by 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 flight attendant groups. The Company or other Successor, as appropriate, shall accept the integrated seniority list. There will be no system flush or removal of flight attendants from their positions as a result of seniority list integration. 1.4(B)(2) Prior to integration of seniority lists in accordance with paragraph (b)(i) 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. 1.4(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 Flight Attendant craft or class 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. Page 5 of 190 1.4(B)(4) Prior to an operational merger, the surviving air carrier and the representative of the consolidated, post-merger Flight Attendant craft or class 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 Flight Attendant Seniority List is 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. 1.4(B)(5) The Company will not furlough or involuntarily displace any Flight Attendants on the NetJets Aviation, Inc. Flight Attendant System Seniority List in anticipation of a Successorship Transaction in order to deprive them of the protection provided by this Section.