AGREEMENT Between ENDEAVOR AIR, INC. and the FLIGHT
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AGREEMENT Between ENDEAVOR AIR, INC. and THE FLIGHT ATTENDANTS in the service of ENDEAVOR AIR, INC. as represented by the ASSOCIATION OF FLIGHT ATTENDANTS – CWA, AFL-CIO January 16, 2013 – December 31, 2018 The following Collective Bargaining Agreement (the “Agreement”) was reached by and between Pinnacle Airlines, Inc. and the Association of Flight Attendants – AFL-CIO, and became effective January16, 2013. Subsequent to that effective date, Pinnacle Airlines, Inc. announced its intent to change its name to Endeavor Air, Inc. On August 1, 2013, prior to the Agreement being printed, a certificate of name change was issued by the State of Georgia marking the official date on which Pinnacle Airlines, Inc. legally changed its corporate name to Endeavor Air, Inc. By agreement of the parties, the original Agreement has been modified where necessary to reflect that name change. The parties further agreed that the change in corporate name in no manner changes the other terms, rights and obligations otherwise set forth in this Agreement. 1.2 TABLE OF CONTENTS Page Section 1 Recognition, ........................................................................... 1.1 Section 2 Definitions ............................................................................... 2.1 Section 3 Investigations, Grievances and System Board ...................... 3.1 Section 4 Union Activities and General .................................................. 4.1 Section 5 Scheduling .............................................................................. 5.1 Section 6 Hours of Service ..................................................................... 6.1 Section 7 Seniority ................................................................................. 7.1 Section 8 Filling of Positions .................................................................. 8.1 Section 9 Displacement, Furlough and Recall ....................................... 9.1 Section 10 Leaves of Absence ............................................................... 10.1 Section 11 Health, Safety and Security .................................................. 11.1 Section 12 Training ................................................................................ 12.1 Section 13 Sick Leave ............................................................................ 13.1 Section 14 Vacation ............................................................................... 14.1 Section 15 Uniforms ............................................................................... 15.1 Section 16 Insurance .............................................................................. 16.1 Section 17 Traveling and Moving Expenses .......................................... 17.1 Section 18 Compensation ...................................................................... 18.1 Section 19 Deadhead ............................................................................. 19.1 Section 20 Duration ................................................................................ 20.1 i Section 21 Agency Shop and Dues Check Off....................................... 21.1 Section 22 Profit Sharing, Retirement and 401(k) .................................. 22.1 LOA 1 - Jetway Trades .............................................................................. A.2 LOA 2 - Implementation of Monthly Credit Hour Maximum ....................... A.4 LOA 3 - Perfect Attendance Program Participation ................................... A.5 LOA 4 – Pinnacle Seniority Integration ..................................................... A.6 LOA 5 – 1113 Miscellaneous .................................................................... A.9 ii SECTION 1 RECOGNITION A. In accordance with Certification Number R-7324 issued by the National Mediation Board, the Company recognizes the Association of Flight Attendants-Communications Workers of America, AFL-CIO, as the bargaining representative of the Flight Attendants employed by the Company for the purposes of the Railway Labor Act, as amended. B. The provisions of the Agreement shall be binding on any successors or assigns of the Company, unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. C. Labor Protective Provisions 1. In the event of a merger of the Company with another airline which affects the seniority rights of Flight Attendants on the Company’s Flight Attendant System Seniority List, provisions will be made for the integration of seniority lists in a fair and equitable manner. The integration of the seniority lists of the respective Flight Attendant groups shall be governed by the Association merger policy if both pre-transaction Flight Attendant groups are represented by the Association. If the other pre-transaction Flight Attendant group is not represented by the Association, then Sections 3 and 13 of the Allegheny- Mohawk LPPs shall apply. The Surviving Entity shall accept the integrated seniority list established through the Association merger policy or LPP proceedings subject to the following conditions: a. no "system flush" whereby an active Flight Attendant may displace any other active Flight Attendant from the latter’s position; and b. furloughed Flight Attendant may not bump/displace active Flight Attendants; and c. no requirement for Flight Attendants to be compensated for flying not performed; and d. does not contain conditions and restrictions that materially increase costs associated with training or company paid moves. 2. Except as required by law, the Company agrees that it will not accept or implement an integrated Flight Attendant System Seniority List unless it has been established pursuant to this Section. 1.1 D. Scope 1. No Flight Attendant will be furloughed or subject to involuntary domicile transfer as a direct and immediate result of any flying performed by management personnel. 2. Except as otherwise provided in this Agreement, or in the case of emergency situations, all revenue flying on the Company’s aircraft (whether leased to or owned by the Company) or under the Company’s operational control, including wet leases (aircraft and crew), and contracting for other carriers or entities (government, military or commercial to other carriers or entities), shall be performed by Flight Attendants on the Company’s Seniority List. 3. The Company may utilize management personnel on a trip as long as any Flight Attendant scheduled to work the trip does not suffer any flight pay loss as a result of being displaced by management personnel. 4. The Company shall not create or acquire an “alter ego” to avoid the terms and conditions of the Agreement. E. New Equipment Type 1. Whenever a new equipment type which will be operated by the Company is placed into revenue service, the Company will notify the Union of the new equipment type and will meet and discuss the implementation and training for the new equipment, and whether any changes to the Agreement are necessary. 2. Nothing set forth in this Article shall prevent the Company from introducing a new equipment type into revenue service before the conclusion of its discussions with the Union regarding the new equipment type. The rates provided in Section 18 of this Agreement and the work rules set forth in this Agreement will be applied unless and until modified as a result of those discussions. F. Mergers and Acquisitions 1. Upon announcement of any transaction which is intended to result in the consolidation of the Company with another airline, and that will affect the seniority rights of Flight Attendants on the Seniority List, the parties will meet in a timely manner to discuss the appropriate steps to be taken consistent with this Agreement. 2. Upon announcement of a sale of the Company in a bona fide “arms length” transaction to an unrelated third party, the Company will use reasonable efforts to arrange for the Union to meet and confer with any such unrelated third party to discuss the appropriate steps to be taken consistent with this Agreement 1.2 G. Remedies Any and all disputes concerning alleged violation of this Section shall be resolved by final and binding arbitration. The Company specifically agrees to arbitrate any grievance filed by the Association alleging violation of this Section on an expedited basis directly before the System Board of Adjustment sitting with a neutral member, as the arbitration forum. If possible, the dispute shall be heard expeditiously no later than sixty (60) days following the submission to the System Board, and the Company agrees to request that a decision be issued within sixty (60) days after the close of the hearing. H. Management Rights Flight Attendants 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 the full and complete right and power to exercise its 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 workforce, including but not limited to, the right to hire, promote, demote, transfer, and control operations and 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