TENTATIVE AGREEMENT July 2014 CONTRACT 2015 1 CONTRACT 2015 TENTATIVE AGREEMENT 2 June 10, 2015 3 4 5 6 We are pleased to present you the Delta Pilots’ Contract 2015 Tentative Agreement. 7 This document reflects the changes to our current Pilot Working Agreement (PWA) 8 that will become effective if this TA is ratified by you, the membership. The 9 following sections are unchanged by the TA and are not included in this document: 10 Sections 2, 6, 9, 10, 15, 17, 18, 20 and 27. 11 12 We thank you for taking the time to carefully review the TA and we encourage all 13 pilots to vote. The Negotiating Committee strongly recommends that you vote in 14 favor of ratifying C2015. 15 16 Delta MEC Negotiating Committee 17 John Morgado, Matt Coons, Kevin Powell 18 19 20 21 22 23 Section 1 - Scope 1 SECTION 1 2 3 SCOPE 4 5 A. Recognition 6 7 1. In accordance with the certification issued by the National Mediation Board in Case No. 8 R-7191, 36 NMB No. 21, January 22, 2009, the Company recognizes the Air Line Pilots 9 Association, International, as the duly designated and authorized representative of the 10 Flight Deck Crewmembers in the service of the Company for the purposes of the Railway 11 Labor Act, as amended. 12 2. Nothing in this PWA will be construed to limit or deny any pilot hereunder any rights or 13 privileges to which he may be entitled under the provisions of the Railway Labor Act, as 14 amended. 15 16 B. Definitions 17 18 1. “AF” or “Air France” means Société Air France. 19 2. “Affiliate” means: 20 a. any subsidiary, parent or division of an entity, 21 b. any other subsidiary, parent or division of either a parent or a subsidiary of an entity, 22 or 23 c. any entity that controls another entity, is controlled by another entity, or is under 24 common control with another entity, in either case, whether directly or indirectly 25 through the control of other entities. 26 3. “Air France/KLM/Alitalia joint venture” or “AF/KL/AZ JV” means the business 27 relationship between Delta, Air France, KLM, and Alitalia in which the costs and 28 revenues of international flights within the AF/KL/AZ JV are shared between or among 29 the air carrier partners, as typified by the business relationship between Air France, KLM, 30 Alitalia, and Delta that is embodied in the AF/KL/AZ JV agreement. 31 4. “Air France/KLM/Alitalia JV agreement” or “AF/KL/AZ JV agreement” means the 32 Transatlantic Joint Venture Agreement betweenmade effective as of April 1, 2012 by and 33 among Delta Air Lines, Inc., Societe Air France, Koninklijke Luchtvaart Maatschappij 34 N.V. and Compagnia Aerea Italiana, S.p.A. as in effect on April 1, 2010as amended from 35 time to time. 36 5. “Alaska” means Alaska Airlines, Inc. 37 6. “Alaska hub” means SEA, ANC, LAX and any other airport having a monthly average of 38 at least 100 Alaska scheduled flight departures per day. 39 7. “Alaska marketing agreement” means the document titled “Marketing Agreement” 40 signed ondated as of March 1, 2004 by and among Delta, Air Lines, Inc., Alaska 41 Airlines, Inc. and Horizon Air Industries, Inc., as amended from time to time amended. 42 8. “AS,” when not referring to the AS code, means Alaska Airlines, Inc. and any carrier to 43 the extent of its category B operations using the AS code. 44 9. “AZ” or “Alitalia” means Compagnia Aerea Italiana, S.p.A. 45 10. “Bundle 1” means flying on all routes (a) between Europe, (excluding U.K.), on the one 46 hand and North America, on the other hand, (b) between French Polynesia, on the one 1-1 Section 1 – Scope 1 hand, and North America on the other hand, until such time as Air France/KLM/Alitalia 2 ceases operations on any such routes, and (c) between AMS, on the one hand, and India 3 on the other hand, until such time as the Company ceases operations between AMS and 4 Mumbai. Terms in this definition are as defined in the Air France/KLM/Alitalia JV 5 Agreement. 6 11. “Category A operation” means the operation of a flight segment by a Delta Connection 7 Carrier: 8 a. that is a Company affiliate, or 9 b. using the DL code under an agreement with Delta that is not a prorate agreement. 10 12. “Category B operation” means the operation of a flight segment by a domestic air carrier: 11 a. that is an affiliate of Alaska, or operates such flight segment under an AS code under 12 an agreement with Alaska, other than a prorate agreement, and 13 b. that only operates: 14 1) aircraft that: 15 a) are certificated for operation in the United States for 70 or fewer passenger 16 seats, and 17 b) have a maximum certificated gross takeoff weight in the United States of 18 85,000 or fewer pounds; and/or 19 2) Bombardier Q-400 aircraft (under the terms and conditions of the Alaska Pilot 20 Working Agreement). 21 13. “Category C operation” means the operation of a flight segment (other than a category B 22 operation) by a Delta Connection Carrier under the DL code pursuant to a prorate 23 agreement with Delta. 24 14. “Circumstance over which the Company does not have control,” for the purposes of 25 Section 1, means a circumstance that includes, but is not limited to, a natural disaster; 26 labor dispute; grounding of a substantial number of the Company’s aircraft by a 27 government agency; reduction in flying operations because of a decrease in available fuel 28 supply or other critical materials due to either governmental action or commercial 29 suppliers being unable to provide sufficient fuel or other critical materials for the 30 Company’s operations; revocation of the Company’s operating certificate(s); war 31 emergency; owner’s delay in delivery of aircraft scheduled for delivery; manufacturer’s 32 delay in delivery of new aircraft scheduled for delivery. The term “circumstance over 33 which the Company does not have control” will not include the price of fuel or other 34 supplies, the price of aircraft, the state of the economy, the financial state of the 35 Company, or the relative profitability or unprofitability of the Company’s then-current 36 operations. 37 15. “Code” means the unique two-character designator code assigned to an airline by the 38 International Air Transport Association (IATA). If IATA assigns or has assigned more 39 than one designator code for use by Delta, Alaska, or Hawaiian or by a subsidiary of 40 Delta, Alaska, or Hawaiian, then such additional designator code(s) will be included 41 within the DL code, AS code, or HA code, respectively. 42 16. “Company” means Delta Air Lines, Inc. 43 17 “Company affiliate” means an affiliate of the Company. 44 18. “Company flying” means all flying reserved under Section 1 C. for performance by 45 pilots. 1-2 Section 1 – Scope 1 19. “Control” for the purposes of Section 1, will exist by entity A over entity B, only if A, 2 whether directly or indirectly through the control of other entities: 3 a. owns securities that constitute and/or are exchangeable into, exercisable for or 4 convertible into more than: 5 1) 30 percent (49 percent with respect to the Company’scombined interest of the 6 Company and Company affiliates in a foreign air carrier) of B’s outstanding 7 common stock, or if stock in addition to common stock has voting power, then 8 2) 30 percent (49 percent with respect to the Company’scombined interest of the 9 Company and Company affiliates in a foreign air carrier) of the voting power of 10 all outstanding securities of B entitled to vote generally for the election of 11 members of B’s Board of Directors or similar governing body, or 12 b. has the power or right to manage or direct the management of all or substantially all 13 of B’s air carrier operations, or 14 c. has the power or right to designate or provide all or substantially all of B’s officers, or 15 d. has the power or right to determine B’s markets or (if B is an air carrier) markets or 16 flight schedules or to provide a majority of the following management services for B: 17 capacity planning, financial planning, strategic planning, market planning, marketing 18 and sales, technical operations, flight operations, and human resources activities, or 19 e. has the power or right to appoint or elect or prevent the appointment or election of a 20 majority of B’s Board of Directors, or other governing body having substantially the 21 powers and duties of a Board of Directors, or 22 f. has the power or right to appoint or elect or to prevent the appointment or election of 23 a minority of B’s Board of Directors or similar governing body, but only if such 24 minority has the power or right to appoint or remove B’s Chief Executive Officer, or 25 President, or Chief Operating Officer, or the majority membership of the Executive 26 Committee or similar committee on B’s Board of Directors, or the majority 27 membership of at least one-half of B’s Board committees. 28 20. “Delta” means the Company. 29 21. “Delta Connection Carrier” means a domestic air carrier that conducts flying under 30 Section 1 D.