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CPY Document I I ....................................... X I In the Matter 1 . of the 0 1 Federal Express - Flying Tigers AWARD ! -c : Pilot and Flight Engineer Tri-Partite- . I Seniority Integration Arbitration 0 ....................................... X i i A. MASTER SENIORITY LIST. Subject to the Conditions and Restrictions set forth below, the list attached hereto as Appendix A shall constitute the list for the exercise of seniority with respect to Captain and First Officer positions and shall be referred to as the Pilot Seniority List and the list attached hereto as Appendix B shall constitute the list for the exercise of seniority with respect to Second Officer/Flight Engineer positions and shall be referred to as the Flight Engineer Seniority List. The two lists shall be referred to collectively as the Master Senj.ority List. Commencing with Pilot S. Deller, P1439 on Appendix A and R1439 on Appendix B, the sequence of names is identical on both lists. B. DEFINITIONS. As used herein, the term "crewmember" refers to I 2 jl d omic i 1e . CONDITIONS AND RESTRICTIONS . '* 1. No Bump-No Flush. Neither the implementation of the I'i! Is Master Seniority List provided for by this Award nor the I 1'1: expiration of any condition or restriction thereto shall result 1; 1 in the displacement of any crewmember from the status or equipment currently held, or for whom training has commenced or ' to whom a bid has been awarded, all as of the date the List is implemented or the date of expiration of any of the conditions or restrictions, as the case may be. 2. No System Re-Bid. There shall be no system re-bid. 3. Captain, First Officer and Second Officer/Flight Engineer Bidding Rights. Crewmembers, all of whom are on the Pilot Seniority List and the Flight Engineer Seniority List, may have different numbers reflecting their relative positions on each List. In addition to any other right to bid on both the Pilot Seniority List or the Flight Engineer Seniority List, a crewmember affected by a furlough, reduction to a non-flying position or an excess from any crew position may, if otherwise I 1 eligible, exercise either of those numbers (i.e., as a Pilot or I i , as a Flight Engineer) to avoid said furlough, reduction to a non- I 1 flying position or excess. 1 4. Recapture of Status and Equipment Lost Before Issuance of Award. In the event a crewmember has lost the crew position which he or she occupied at any time between December 16, 1988 I .. I I i ! I. ,.! 3 ! and the effective date of this Award and thereby sustained a 1 reducfion in status and/or equipment, said crewmember, provided ! he or she has not heretofore regained or refused said position or I 1 exercised or refused to exercise rights under Paragraph 5, shall ' have a prior right to regain the same status and equipment at any ' domicile before a vacancy in that status and equipment is offered for bid to other crewmembers. Once having regained or refused such former status and equipment or upon exercising or refusing to exercise rights under Paragraph 5, said crewmember shall have no further rights under this paragraph or under Paragraph 5. (In determining whether positions have been lost or regained, the DC- 8 is comparable to the B-727.) Crewmembers affected by this paragraph are listed in Appendix C. 5. Prior Right to Positions on Cancelled Bids. Former FTL Pilots awarded vacancies on Tiger Bid Nos. 89-05 and 89-03A who have not achieved or subsequently refused the positions which they were awarded on said bids and who have not exercised or I refused to exercise rights under Paragraph 4 above shall have a I prior right, subordinate only to pilots in Paragraph 4, to ! vacancies in the same status and equipment at any domicile before 1 I I/ such vacancies are offered for bid to other pilots. Once having [I secured or refused the status and equipment awarded by those bids or upon exercising or refusing to exercise rights under Paragraph 4, said crewmember shall have no further rights under this paragraph or under Paragraph 4. (In determining whether 4 1;' positions have been lost or regained, the DC-8 is comparable to i the B-727.) Crewmembers affected by this paragraph are listed in 1: Appendix D. I ! 6. Ability to Follow Flying Following Issuance of Award. '1 If following the issuance of this Award a former FTL crewmember I 1 holding a position on the B-747 is excessed from said position as a result of a partial or complete reduction of flying at a given domicile and said flying is transferred to another domicile, said crewmember shall have a prior right to retain said position by 1i following said flying to said domicile before said flying is I 1 offered for bid to other crewmembers. I I 7, Rights Upon Sale or Other Disposition of B-747 Aircraft. I Should the Company sell, or otherwise dispose of or withdraw from ! I service any B-747 aircraft and should any former FTL crewmember I on 8-747's affected thereby be unable to hold a comparable I position on the B-747 or any other widebody aircraft by virtue of i seniority, the Company shall pay protect said crewmember by t ; paying passover pay until such time as said crewmember can hold i 1 such position by virtue of seniority or until three (3) years 1 after said sale, or other disposition or withdrawal from service, ! ' whichever cmes first. I I ! 8. Resolution of Disputes, There shall be a Dispute 1I I Resolution Committee (DRC) for the purpose of considering any dispute relating to the application, implementation or interpretation of this Award. The DRC shall consist of five i i I 5 ! i members: two pre-merger Flying Tiger crewmembers, two pre-merger I I Federal Express crewmembers, and one member from the Cmpany, who i ! shall serve as Chairman. The respective Merger Committees and i 1 the Company shall appoint their initial members to the DRC within ten (10) days of the receipt of this Award. In the event a ! member of the DRC becomes unwilling or unable to serve, the Merger Representatives of the group which that member represented or the Company, as the case may be, shall appoint a successor. Questions or disputes concerning this Award may be submitted to the DRC by any of its members and the DRC shall convene to consider any such dispute within fourteen (14) days of its submission. In the event a dispute cannot be resolved by unanimous vote of the DRC within thirty (30) days of its submission, it may be referred by any member to George Nicolau for final and binding resolution; if he is unavailable or unwilling to serve, said dispute shall be referred for final and binding resolution to an arbitrator, who shall be a member of the ! National Academy of Arbitrators and who shall be named by the I President of the American Arbitration Association. The cost of ! said arbitration shall be borne by the Company, with the DRC I : members of each group receiving identical forms of assistance. i No party, including the Company, shall be represented by counsel i, or a non-employee. The determinations of the DRC and any arbitration awards ' resolving disputes hereunder shall be final and binding on all 6 I 4 il!. i parties and all crewmembers. ! I -9. Errors and Omissions. In the event of an unintended I! error or omission in the Master Seniority List or other 1. Appendicies attached hereto, the Dispute Resolution Committee may I: i agree upon and make an appropriate correction, or, failing their I: !' agreement, the DRC representative seeking said correction may I file a petition for correction with the Undersigned. 10. Effective Dates. This Award shall be effective for the purpose of vacancy bids immediately upon issuance. It shall be effective with respect to monthly lines of flying in July 1990. The Conditions and Restrictions set forth in Paragraphs 4, 5 and 6 shall expire on December 31, 1992; those set forth in Para- graph 7 shall expire on December 31, 1996. Ge ge Ni lau, Ar trator 1 I STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK) I I. d 1 On thisds- day of May 1990, before me personally came and 1 !' appeared George Nicolau, to me known and known to me to be the individual described in and who executed the foregoing 1 instrument, and he duly acknowledged to me that he executed the I, same. I!i 1 ROSEM~C.FALLAT Commissioner of Deeds City of New York NO. 1-1667 Certificate filed in New York County Tqvnicsiclp Eroires Acril 1. 19 1 APPENDIX A. PILOT SENIORfTY LIST I XA8TER SENIORITY LIST (PILOT BIDDING ORDER) 8N# NAME 8N# HAHE 8N# HA13g 1 Sullivan, T. 51 Tweedy, L. 101 LeBedis, S. 2 Baxter, T. 52 Hill, R. 102 LaRocca, A. 3 Yates, C 53 Peterson, M. 103 Lowery, L. * 4 Blasl, D. 54 Sequeira, J. 104 Lasater, L. 5 Kocisko, G. 55 Peterson, L. 105 Way, R. 6 Keeling, J. 56 Baird, R. 106 Benten, J. * 7 Burton, J. 57 Gauthier, M. 107 DiLeo, D. 8 Murray, J. 58 Theobald, J. 108 Shreve, J. 9 Brown, B. 59 Prairie, B. * 109 Deming, C. 10 Griffith, C. * 60 Harrison, J. 110 John, A. 11 Briggs, D. 61 Benedict, N. 111 Bowers, 8. 12 Boen, R. 62 Bourgeois, B. * 332 Newman, I. 13 Burgwald, G. 63 Popp, W. 113 Eisenbraun, F.
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