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Collective Bargaining Agreement Between the Company and the Union and Any Extant Letters of Agreement

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Collective Bargaining Agreement Between the Company and the Union and Any Extant Letters of Agreement COLLECTIVE BARGAINING AGREEMENT between CHAMPLAIN ENTERPRISES, LLC. d/b/a COMMUTAIR and the FLIGHT ATTENDANTS in the service of CHAMPLAIN ENTERPRISES, LLC. d/b/a COMMUTAIR as represented by the INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS January 8, 2020 - January 8, 2024 SECTION TITLE PAGE 1 RECOGNITION AND SCOPE.......................................................... 2 2 DEFINITIONS.................................................................................... 7 3 GENERAL.......................................................................................... 10 4 COMPENSATION............................................................................. 15 5 SCHEDULING................................................................................... 23 6 TRAINING......................................................................................... 49 7 EXPENSES......................................................................................... 52 8 VACATION........................................................................................ 57 9 SICK LEAVE..................................................................................... 61 10 MEDICAL EXAMINATIONS........................................................... 64 11 FILLING OF VACANCIES............................................................... 66 12 REDUCTION IN FORCE, FURLOUGH AND RECALL................ 69 13 LEAVES OF ABSENCE.................................................................... 73 14 UNIFORMS........................................................................................ 79 15 SENIORITY........................................................................................ 82 16 INVESTIGATIONS............................................................................ 85 17 GRIEVANCE PROCEDURE............................................................. 87 18 SYSTEM BOARD OF ADJUSTMENT............................................ 91 19 BENEFITS.......................................................................................... 96 20 INTERNMENT, HOSTAGE, PRISONER OF WAR........................ 98 21 UNION SECURITY AND DUES CHECK OFF............................... 101 22 ALCOHOL AND DRUG TESTING.................................................. 106 23 DURATION........................................................................................ 107 SECTION 1 - RECOGNITION AND SCOPE A. Recognition 1. In accordance with certification number R-7137 by the National Mediation Board on January 25, 2008, the Company recognizes the International Association of Machinists and Aerospace Workers as the authorized representative of the flight attendants employed by the Company for the purposes of the Railway Labor Act, as amended. 2. This collective bargaining agreement and any extant Letters of Agreement between the Company and the Union may be collectively referred to as the “Agreement.” B. Scope 1. This Agreement covers all present and future revenue flying by the Company. The term “revenue flying” includes, but is not limited to, all revenue flying on the Company’s aircraft, whether owned or leased, or under the Company’s control, including wet leases out, subcontracting that is performed for others, revenue flights and charter flights. The term “revenue flying” shall not include flying performed as a result of a dry lease to another carrier or entity not controlled by the Company. 2. All flight attendant duties covered by this Agreement shall be performed by flight attendants whose names appear on the CommutAir Flight Attendants’ System Seniority List, in accordance with the terms and conditions of this Agreement. C. Successorship and Merger Protection 1. This Agreement will be binding upon any successor that purchases and operates the Company as an air carrier, regardless of the nature of the successor transaction (including purchase, sale, merger, consolidation, acquisition, leasing of the operation, and reorganization for the benefit of creditors) unless or until changed in accordance with the provisions of applicable federal law. As soon as the Company becomes aware of a transaction described in the foregoing sentence and it is legally permissible to disclose such information, and such disclosure would not violate any applicable confidentiality agreement(s), it shall provide the Union with written notice of the transaction, subject to any confidentiality agreement that the Company or the successor may require. 2. The Company shall not enter into or be a party to any transaction described in Section C.1., above, (a “successorship transaction”) unless the successor agrees in writing, as an irrevocable condition of the successorship transaction, to assume and be bound by the Agreement and that those flight attendants on the CommutAir Flight Attendants’ System Seniority List who are employed by the Company at the time of the closing of the successorship transaction shall continue to be employed by the Company in accordance with the provisions of the Agreement. Prior to the closing of the successorship transaction, the Company shall provide the Union with written notice of compliance with this paragraph, provided that it is legally permissible to disclose such information, and such disclosure would not violate any applicable confidentiality agreement(s) and subject to any confidentiality agreement that the Company or the successor may require. 3. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition of the Company, regardless of the identity of the surviving carrier or whether the formerly separate operations are to be integrated. a. Unless and until any operational merger is finally effectuated, the Union shall continue to be recognized as the representative of the pre-merger Company flight attendants, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. b. Unless and until any operational merger is finally effectuated, Company aircraft (including orders and options to purchase or lease aircraft) shall remain separate from the successor carrier unless and until such time as the seniority lists of the respective flight attendant groups are integrated. Nothing herein shall diminish the Company’s right to sell, lease, return, or otherwise transfer aircraft to an entity other than the merger partner. c. Nothing herein shall require a successor to operationally merge the Company with any other air carrier. 4. Unless otherwise agreed, the following provisions shall apply in the event of a transaction in which the Company acquires control of another air carrier. a. The respective flight attendant collective bargaining agreements shall be merged into one agreement as the result of negotiations between the flight attendants’ representatives and the Company. Such negotiations shall be expedited and the parties may agree to use the services of a mediator, as necessary. b. In addition, the seniority lists of the respective flight attendant groups shall be integrated into a single seniority list. The integration of the seniority lists of the respective flight attendant groups shall be governed by the Union’s merger policy if both pre-transaction flight attendant groups are represented by the Union. If the other pre-transaction group is not represented by the Union, Sections 3 and 13 of the Allegheny- Mohawk Labor Protective Provisions (“LPP”) shall apply. The Company shall accept the integrated seniority list, including any terms and conditions, established through the Union’s merger policy or LPP proceedings, as applicable, provided that such new list and terms and conditions shall not require the Company to make any material expenditure in order to implement and/or administer the new list; and c. The aircraft (including orders and options to purchase aircraft) and the operations of each pre-transaction airline shall remain separated until such time as the flight attendant collective bargaining agreements are combined and both parties’ seniority lists are integrated in accordance with Sections C.4.a. and C.4.b., above. Nothing herein shall diminish the Company’s right to sell, lease, return, or otherwise transfer aircraft to an entity other than the merger partner; and d. The Union shall continue to be recognized as the representative of the pre-merger Company flight attendants, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. D. Alter Ego The Company shall not create an alter ego air carrier (such as New York Air). E. Expedited System Board of Adjustment Procedures The Company and the Union shall arbitrate any grievance filed by the Union alleging a violation of Section 1 on an expedited basis directly before the System Board of Adjustment sitting with a neutral arbitrator acceptable to both parties. If a mutually acceptable arbitrator cannot be selected within ten (10) days of the filing, an arbitrator shall be selected pursuant to Section 19 of this Agreement. The dispute shall be heard no later than forty-five (45) days after the arbitrator is advised that he has been selected, subject to the availability of the arbitrator, and shall be decided no later than thirty (30) days following submission of briefs or, if the parties elect not to file briefs, the close of the hearing, unless the parties agree otherwise in writing. The provisions of Section 18 that do not specifically
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