8909 Purdue Rd. Suite 300 Indianapolis, Indiana 46268 Tele: 317-484-6000 Fax: 317-484-6040 www.rjet.com

August 20, 2015 BY HAND DELIVERY Captain David Bourne Director, Airline Division International Brotherhood of Teamsters 25 Louisiana Avenue, NW Washington, D.C. 20001 Dear Captain Bourne: On behalf of Republic Airways Holdings Inc. and its subsidiaries Republic Airline Inc. and Shuttle America Corporation, I am presenting you with the attached Pilot Contract proposal that is the Last, Best and Final Offer from the Company, and as such, it is a “final offer of settlement” within the meaning of Article XII, Section 1 of the International Brotherhood Teamsters’ (“IBT”) Constitution. The terms of this offer are contingent upon acceptance by the IBT and membership ratification. We request an expedited voting process. Failure to act promptly may result in the withdrawal of this offer by the Company. Sincerely, Bryan K. Bedford Chairman, President and CEO Republic Airways Holdings Inc. cc w/encl: Linda Puchala, NMB Board Member Terry Brown, NMB Senior Mediator Jane Allen, NMB Mediator Jim Clark, Local 357 President

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RAH 2015 PILOT CONTRACT

TABLE OF CONTENTS

ARTICLES

Article 1 Recognition and Scope

Article 2 Definitions

Article 3 Compensation

Article 4 Expenses

Article 5 Moving Expenses

Article 6 Scheduling

Article 7 Reserve Duty

Article 8 Paid Days Off

Article 9 Seniority

Article 10 Training

Article 11 Furlough and Recall

Article 12 Leaves of Absence

Article 13 Physical Standards

Article 14 Insurance and Benefits

Article 15 Supervisory Duty / Miscellaneous Flying

Article 16 Check Airmen

Article 17 Bases

Article 18 Resolution of Disputes

Article 19 Dues Check Off and Union Security

Article 20 Uniforms

Article 21 New Aircraft

Article 22 BLANK

Article 23 Hours of Service

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Article 24 Missing, Internment and Hostage

Article 25 Contract Implementation

Article 26 Vacancies and Displacements

Article 27 Safety

Article 28 Contract Ratification Bonus

Article 29 Records, Attendance, and Discipline

Article 30 Labor Management Program

Article 31 Duration

ATTACHMENTS

LOA Jets for Jobs (October 17, 2003)

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Article 1 Recognition and Scope

A. National Mediation Board Certification

Pursuant to the certification by the National Mediation Board in Case No. R-6199, dated July 30, 1993, the Company hereby recognizes the International Brotherhood of Teamsters, Airline Division, as the duly designated and authorized representative of the Pilots in the employ of the Company for the purposes of the Railway Labor Act, as amended.

B. Purpose of Agreement

The purpose of this Agreement is in the mutual interest of the Company, the Union, and the Pilots in the employ of the Company to provide for the operation of the Company under methods which will further, to the fullest extent possible: the safety of air transportation, the efficiency and reliability of scheduled operations, and the continuation of employment of Pilots under conditions of reasonable working conditions and proper compensation, and maintain profitability of the Company. It is recognized to be the duty of the Company, the Union, and the Pilots to cooperate fully for the attainment of these mutually beneficial goals.

C. Status of Agreement

1. This Agreement shall supersede all existing or previously executed Agreements by and between the Company and the Union or any other labor organization or individual with respect to the rates of pay, rules, or working conditions governing the employees covered by this Agreement in accordance with the provisions of the Railway Labor Act, as amended, with the exception of LOA#4 Jets for Jobs, dated and signed October 17, 2003, which shall continue in force. Any and all subsequent agreements between the parties shall be reduced to writing, signed by their authorized representatives, and become a part of this Agreement.

2. Whenever the words "pilot(s)", "employee(s)", or "crew member(s)" are used in this Agreement, they designate and refer to only such Pilots as covered by this Agreement. It is further recognized that whenever in this Agreement Pilots or jobs are referred to in either the masculine or feminine gender, it shall be understood to mean both male and female Pilots. It is further understood that there shall be no discrimination by either party against any Pilot who is now, or may become, subject to the terms of this Agreement because of age, sex, race, sexual orientation, gender, color, religion, national origin, handicap or disability.

D. Scope

1. This Agreement covers the Company, any subsidiary of the Company, the Company’s Parent, any subsidiary of the Company’s Parent, and any future Air Carrier that is a subsidiary of the Company or subsidiary of the Company’s Parent.

2. Except as otherwise provided in this Agreement, all present and future Flying (including international Flying) and all charters, ferry flights (not including ferry flights of aircraft prior to being placed into or being removed from revenue service), training

Commented [BW1]: The intent of this change is to ensure that if the Company enters an agreement to provide air service to a foreign carrier in international flying under that foreign carrier’s authority outside the US (for example, flying wholly in the Caribbean and not transborder US for a Caribbean airline), that Flying is also covered by this Agreement and performed by RAH Pilots as well as international flying into or out of the U.S..

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flights, test flights (except test flights assigned to management, or in connection with delivery or removal of aircraft), or other Flying by or for the Company, the Company’s Parent, or any subsidiary of the Company or subsidiary of the Company’s Parent shall be performed by Pilots on the Republic Airways Pilots’ System Seniority List in accordance with the terms and conditions of this Agreement or any other applicable agreement between the Company, the Company’s Parent, or any subsidiary of the Company or the Company’s Parent and the International Brotherhood of Teamsters.

3. The Company, each Subsidiary of the Company, the Company’s Parent or Subsidiary of the Parent shall not establish any new Air Carrier (alter ego or otherwise) or acquire a controlling interest in any Air Carrier whether directly or through the Parent or another Subsidiary of the Parent, and maintain it as a separate Air Carrier. A “Controlling Interest” or “Control” means that, by example, Entity A shall be deemed to "Control" Entity B if Entity A, whether directly or indirectly, (1) owns securities that constitute, are exercisable for or are exchangeable into fifty percent (50%) or more of (i) Entity B’s outstanding common stock or (ii) securities entitled to vote on the election of directors of Entity B; or otherwise owns fifty percent (50%) or more of the Equity of Entity B; or (2) maintains the power, right, or authority--by contract or otherwise--to direct, manage or direct the management of all, or substantially all, of Entity B’s operations or provides all or substantially all of the controlling management personnel of Entity B; or (3) maintains the power, right or authority to appoint or prevent the appointment of a majority of Entity B’s Board of Directors or similar governing body; or (4) maintains the power, right or authority to appoint a minority of Entity B’s Board of Directors or similar governing body, if such minority maintains the power, right or authority to appoint or remove any of Entity B’s executive officers or any committee of Entity B’s Board of Directors or similar governing body, to approve a material part of Entity B’s business or operating plans or to approve a substantial part of Entity B’s debt or equity offerings.

4. The Company will not transfer aircraft, or operating authority to its Parent, a Subsidiary of the Parent, or to a Subsidiary of the Company for the purpose of evading the terms of this Agreement. Nor will the Company or its Parent establish a third party leasing device to evade the terms of this Agreement.

E. Foreign Bases

The Company shall not establish a Pilot Base outside of the 48 Contiguous United States and the District of Columbia without providing advance, written notice to and bargaining with the Union, concerning any proposed modifications to the provisions of this Agreement with regard to terms and conditions of the foreign base operation at least 90 calendar days prior to any bid establishing such Base. If the Company and the Union cannot reach agreement on the terms and conditions of the foreign base operation within 60 days prior to any bid establishing such Base they will submit their final offers on all open issues to expedited interest arbitration to an arbitrator selected in accordance with Article 1.I below. The arbitrator will be asked to issue the decision no later than 30 calendar days following the conclusion of the arbitration. Crewmembers assigned to such Base shall be covered by all terms of this Agreement pending issuance of the arbitrator’s decision and then by this Agreement as modified under Article 1.E. In any proceeding related to the enforcement of the obligations of this paragraph, the Company will not raise non applicability of the Railway Labor Act as a defense. Disputes concerning Crewmembers based at foreign Bases shall be heard by the System Board

Commented [BW2]: As with the process for foreign bases under moving expenses, this process would not block the opening of the base on the designated date, but would ensure bargaining occurs prior to the bid, and to the extent the parties cannot reach agreement on certain issues, their final positions are set and submitted to the arbitrator so that the pilots know what the possible rules for the new base will be when bidding. If the arbitrator cannot issue the decision prior to the opening date, the Pilots will be governed by the current CBA terms while operating at that base until the award is issued.

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of Adjustment, as set forth in this Agreement, and the decision of the System Board in such cases shall be enforceable in any court of competent jurisdiction in the United States to the same extent and in the same manner as other cases arising out of interpretation and application of this Agreement.

F. Furlough Protection

1. No pilot on the Republic Airways Pilots’ Seniority List as of the date of signing of this Agreement shall be furloughed, except as may be otherwise provided in Article 1.F.2.

2. The Company shall be excused from compliance with the provisions of Article 1.F.1., to the extent that a circumstance over which the Company does not have control is the cause of such noncompliance. The term “circumstance over which the Company does not have control” means a natural disaster, a work stoppage by a union-represented employee group at the Company or at an Air Carrier whose designator code the Company utilizes in holding out its services to the public, grounding of a substantial number of the Company’s aircraft by a government agency or by voluntary action of the Company for safety reasons in lieu thereof; reduction in flying operations because of suppliers being unable to provide sufficient critical materials for the Company’s operations, revocation of the Company’s operating certificate(s), war, terrorism or national emergency, the Company being unable to retain or obtain sufficient aircraft to utilize all pilots protected from furlough or as a result of adverse economic, market or business conditions which may directly impact the Company’s operations.

G. Sale/Transfer/Lease of Companies’ Aircraft

1. The Company or any Subsidiary of the Company, the Company’s Parent or any Subsidiaries of the Company’s Parent may not sell, lease or transfer an aircraft to another Air Carrier for the purpose of evading the terms of this Agreement.

2. The Company will not enter into any Dry Lease agreement with an Air Carrier or any Entity (government, military or commercial) without mutual agreement with the Union, which agreement shall not be unreasonably withheld, conditioned or delayed. The Company may dispose (whether by sale, lease or otherwise) of any Excess Aircraft without such mutual agreement. At the request of the Union it may review the unredacted transaction documents, subject to appropriate confidentiality agreements.

3. No Pilot will be reduced in status or lose any income or employee benefits as result of a lease agreement.

H. Successorship and Mergers

1. This Agreement including the rates of pay, rules and working conditions set forth in this Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor or assign shall be defined as an entity which acquires all or substantially all of the assets or equity of a Company through a single transaction or multi-step related transaction which closes within a twelve (12) month period.

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2. No successorship transaction involving the Company, Parent, or a Subsidiary of the Company or Parent 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 this Agreement including the rates of pay, rules and working conditions set forth in this Agreement will be assumed by the successor employer and the successor employer shall employ the employees on the then current Republic Airways Pilots System Seniority List in accordance with the provisions of this Agreement. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, or assignee of the operation covered by this Agreement or any substantial part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a definitive agreement with respect to a transaction as herein described.

3. In the event of a merger of airline operations between the Company and another Air Carrier, the Company will require, as a condition of any such operational merger, that provisions be included requiring that the surviving carrier shall employ all employees on the Republic Airways Pilots System Seniority List in accordance with the rates of pay, rules and working conditions set forth in this Agreement, and to provide for fair and equitable integration of the pre-merger pilots’ seniority lists in accordance with Articles 3 and 13 of the Allegheny Mohawk LPPs.

4. The operations of the Company and those of the other Air Carrier shall be kept separate unless and until all processes described in this Article 1.H are completed and the seniority lists of the two pilot groups are integrated in accordance with Sections 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions. During such time of separate operations Flying, aircraft and Pilots shall not be interchanged or otherwise transferred among the Air Carriers without the Union’s written consent.

5. The following additional requirements shall be applicable in the event of a merger, purchase or acquisition involving the Company, regardless of the identity of the surviving carrier or whether formerly separate operations are to be integrated.

a. Unless and until any operational merger is finally effectuated, the Union will continue to be recognized as the representative of the pre-merger Company pilots, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board. Recognition of a post-merger representative shall be governed by the Railway Labor Act and by any applicable rulings or orders of the National Mediation Board.

b. Subject to applicable securities and other laws and regulations, the Company will review with the Union the details of any material agreements for successorship transactions, including the Company’s compliance with the obligations of H.2, H.3 and H.5.a above, in a timely manner reasonably in advance of, but in any event no later than four business days prior to, the execution of any agreement governing the successorship transaction. The Company may decline to disclose financial or other confidential business information until reasonable arrangements are made for protecting the confidentiality and use of such information. The Company shall provide the Union with a copy of any executed agreements, subject to the parties’ arrangements for confidentiality and use of such information, no later than

Commented [WWilder3]: (Revision and Comment from 1/26/12 TA): The parties agree that the pilots of the individual entity would exercise their seniority to either displace to another Company subsidiary or to follow the individual entity to the successor owner and would not be forced to go with the successor entity.

Commented [DRM4]: Not intended to prohibit the routine scheduling revisions by our network partners.

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four business days following the execution of the agreements regardless of whether the agreements will be effective at a later date or that the agreements’ effectiveness is subject to a condition subsequent to the execution of the agreement.

c. A single collective bargaining agreement shall be negotiated to cover the pilot groups involved in the transaction among the pilot representative(s) and the successor company prior to the certification by the National Mediation Board of a single representative for the pilot groups, and between the single representative and the successor company following such NMB certification. If a single collective bargaining agreement is not executed within 12 months from the closing date of the transaction, the parties shall jointly submit their final offers on all open issues in the contractual dispute to final and binding interest arbitration in accordance with Article 1.J.

d. Until the processes described in Article 1.H are completed, no Pilot covered by this Agreement shall be reduced in status or pay category as an effect of the merger, purchase or acquisition.

e. During the period of separate operations pilots on the Republic Airways Pilots System Seniority List prior to the merger, purchase, or acquisition shall operate all aircraft on hand at the Company, all aircraft on firm order to the Company and all aircraft acquired by the Company other than as a result of the transaction after public announcement of the acquisition in accordance with this Agreement, provided that nothing herein shall be construed to prevent fleet reductions not related to the transaction, or the retirement of existing aircraft in the normal course of business.

f. If the Company or Parent enters a successorship transaction with an Air Carrier or Entity which is party to an agreement with another Air Carrier or Entity to provide Flying for the Air Carrier or Entity in the successorship transaction, the Company or Parent may continue in effect that agreement until its expiration date provided the acquired Air Carrier or Entity has been operating under the agreement prior to entering the agreement for the successorship transaction with the Company or Parent. The Company or Parent may not enter any new agreement with another Entity on behalf of the acquired Air Carrier or Entity to perform Flying for the acquired Air Carrier or Entity nor can the Company or Parent expand any preexisting agreement.

g. The Company or successor Air Carrier, if different than the Company, shall meet promptly with the Union upon request, and in any event no later than 60 days after closing of the transaction, to negotiate the implementation of the requirements of this Article.

I. Expedited Board of Adjustment Procedures

The Company agrees to arbitrate any grievance filed by the Union alleging a violation of this Article 1 on an expedited basis directly before the System Board of Adjustment sitting with a neutral arbitrator. The Parties will select an arbitrator by an alternate strike method of a pre-determined list of arbitrators selected by the Parties occurring no later than three days after the grievance filing. The dispute shall be heard no later than 30

Commented [WRW5]: (2015 Revision and Comment): to reflect that the “status quo” will be preserved until completion of a single agreement and SLI.

Commented [WRW6]: Jan. 2012 TA language

Commented [WRW7]: This language is proposed to address the concern identified by the Company on 5/20 that the “by or for” language of Article 1.B.2 would require the Company to breach an air service agreement that had been entered by an airline which is acquired by the Company. As discussed, the Company would not enter any new agreements for flying by another air carrier. It would only be permitted to continue the existing agreement in effect until it expires.

Commented [BEJ8]: This is addressed during transition agreements at the time of the merger and specifics of each transaction are unique.

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days following selection of the arbitrator (subject to the availability of the arbitrator), and shall be decided no later than 30 days following submission to the arbitrator, unless the parties agree otherwise in writing.

J. Information Production

The Union shall be entitled, upon request, to information reasonably necessary to determine compliance with this Article, subject to appropriate confidentiality agreements; provided, that producing such requested information shall not be unduly burdensome for the Company.

K. Definitions used in Article 1

1. “Air Carrier” means any Entity which undertakes directly, or by lease or other arrangement, to engage in Air Transportation.

2. “Air Transportation” and “Flying” mean intrastate, interstate, or international air transportation or the transportation of persons and mail by aircraft under part 121, including wet leases for other carriers or Entities, or contracting for other Air Carriers or Entities (government, military or commercial).

3. “Company” means each of Republic Airline Inc. and Shuttle America Corporation or any other Subsidiary of the Parent or Company, and any future Air Carrier created or acquired as a Subsidiary of the Parent or Company.

4. “Entity” means a natural person, corporation, association, partnership, trust or any other form for conducting business.

5. “Excess Aircraft” means aircraft no longer required for the Company’s ongoing Capacity Purchase Agreements or other passenger service operations, whether in revenue service or as an operational spare.

6. “Parent” means Republic Airways Holdings Inc. or any successor of the Parent.

7. “Subsidiary” means any entity that is controlled by the Company or the Parent as defined in this Article.

Commented [BW9]: We are open to another time period if thirty days is not sufficient but we will not agree to no information production and a “catch me if you can” setup on being able to monitor compliance.

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Article 2 Definitions

1. Active Status – A Pilot on the payroll of the Company and subject to work Assignment as a Pilot, or on Paid Day Off (PDO). Any Pilot who is on an approved leave of absence or furlough is not on Active Status.

2. Age-60 Rule – The FAR that sets forth the crewing of Pilots when one is 60 or more years of age.

3. Agreement - This Collective Bargaining Agreement between the Company and the Union, and all supplements and Letters of Agreements (“LOAs”) between the Company and the Union.

4. Air Carrier – Any entity that undertakes directly or by lease or other arrangement to engage in Air Transportation.

5. Air Transportation and Flying mean intrastate, interstate, or international air transportation or the transportation of persons and mail by aircraft under part 121, including wet leases for other carriers or Entities, or contracting for other Air Carriers or Entities (government, military or commercial).

6. Aircraft – See “Equipment Type.”

7. Aircrew Program Designees (APD) - Company Check Airmen certified by the FAA to perform FAA certification Checkrides/Evaluations in lieu of an FAA Inspector.

8. Aircraft Training – See Training

9. Airline Hub – See “Hub Airports.”

10. Airport Standby Reserve (ASR) – A defined Duty Period during which a Pilot is required by the Company to be at or near (in accordance with Article 7) an Airport for a possible Assignment.

11. Approved Leaves of Absence – A leave that has been approved or authorized by the Company either through the Human Resources department, leave of absence department or the Company’s approved vendor (currently CareWorks).

12. Advanced Qualification Program (AQP) - an FAA approved program for pilot training which replaces programmed hours with proficiency-based training and evaluation derived from a detailed job task analysis which includes crew Resource management. AQP incorporates data driven quality control processes for validating and maintaining the effectiveness of curriculum content.

13. Assignment (Duty Assignment) – Any requirement to be on Duty or be Available for the Company.

14. Attempt – A Segment during which the aircraft brake is released for the purpose of flight but returns prior to completing the flight.

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15. Available – A Pilot on Company time, Duty or who is not on a leave of absence or otherwise absent from a Day(s) of scheduled Duty, other than Paid Vacation or Paid Sick Time.

16. Aviation Safety Action Program (ASAP) – A joint program entered into among the Company, Union, and FAA which resolves safety issues through corrective action rather than through punishment or discipline.

17. Award Displacement – Removal of a Pilot from his Trip Pairing for the purpose of completing required OE, minimum experience requirements, or Age-60 Rule.

18. Base (Domicile, Home Base) – An airport where Pilots are stationed from which a Pilot’s Duty Assignments are calculated to begin and end.

19. Base Month - The designated month in which a Pilot is scheduled to fulfill his annual regulatory qualification requirement.

20. Base Realignment – The movement of flying, other than month-to-month changes in the Marketing Schedules, in a Position(s) from one Existing Base(s) to another Existing Base(s) without any increase or decrease in the total number of Positions.

21. Basic Luggage – Approved luggage as described in the RAH Pilot Style Guide.

22. Basic Uniform – An approved uniform as described in the RAH Pilot Style Guide.

23. Bereavement Leave – An authorized leave for the purpose of bereavement for a family member as listed in Article 12.F.b.

24. Bid - The Displacement Bid, Standing Bid, Monthly Line Bid, Vacation Bid, or other Bid where Pilots may assert their preferences, as set forth in the Agreement.

25. Bid Period (Month) - The period starting from the first day of, to and including the last day of each calendar month of the year, except that for Pilot scheduling and pay purposes, January, February, and March will each be considered a 30-day month through the addition of January 31 and March 1 to the month of February. Leap year results in February being a 31-day month.

26. Bid Schedule (Schedule) - A Pilot’s monthly schedule, which may consist of scheduled Pairings, training, Reserve Days, contractual Days Off and other Known Absences.

27. Bid Schedule Award - A bidline awarded in accordance with the terms of this Agreement.

28. Block Hours – See Block to Block

29. Block Time – See Block to Block

30. Block-In – Block-In occurs when the Aircraft comes to rest, the parking brake is set and the main cabin door is opened.

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31. Block-Out – Block-Out occurs when the main cabin door is closed and the parking brake is released, with the intent for Aircraft movement.

32. Block-to-Block (Block-Out to Block-In) – The elapsed time between Block-Out and Block-In.

33. Bridge Course (as used in Article 26 for Captain or First Officer) – Training for a Pilot moving from one Certificate to another on the same Equipment in the same Status.

34. Bridge Training – See Bridge Course

35. Buffer - A limitation used by the Company in Pairing construction, Line Construction, SAP, Trip Trades, assignment of Open Time, and other transactions to provide a cushion in order to prevent exceeding FAR limitations.

36. Bypass – In training or upgrade, a junior Pilot who is trained before a more senior Pilot who requires the same training.

37. Calendar Day (Day) - Midnight to 2359 Local Domicile Time (LDT).

38. Calendar Month – The period from the first day of, to and including the last day of each month of the year.

39. Captain – A Pilot who is in command and who is responsible for the manipulation of, or who manipulates, the flight controls of an Aircraft while under way, including takeoffs and landings of such Aircraft, and who is qualified to serve and holds a currently effective airmen’s certificate or type rating authorizing him to serve as such a Pilot.

40. Carryover Pairing - A Trip Pairing that begins in one Bid Period and ends in the next Bid Period.

41. Casualty Liaison and Assistance Program – The program which allows a Pilot to designate a co-worker that shall be contacted in case of an emergency or incident involving the designating Pilot.

42. Certificate – Air Carrier Operating Certificate issued by the FAA and the DOT.

43. Charter – An offline or online revenue passenger flight that is not a regularly scheduled flight. Extra Sections are not considered Charter Flights.

44. Chautauqua Pilots’ System Seniority List – When this term appears in the Agreement, it has been replaced by the “Republic Airways Pilots System Seniority List.”

45. Check – See “Check Event.”

46. Check Airman - A Pilot who is designated by the Company and authorized by the FAA to administer a Check Event.

47. Check Event (Check, Checking) - Any proficiency Check, line Check, oral examination, or other testing or Checking required by the FAA to qualify, re-qualify or maintain qualification to operate an Aircraft.

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48. Co-Base - Two or more airports served by the Company located in the same metropolitan area. Establishment of a Co-Base requires mutual agreement of the Company and the Union.

49. Cockpit Access Security System (CASS) – A government approved database system to gain access to the jumpseat.

50. Cockpit Procedures Training (CPT) –A static representation of the flightdeck used to train company procedures.

51. Company Offered Leave of Absence (COLA) – Unpaid leave of absence offered by the Company at its discretion.

52. Company – Each of Republic Airline Inc. and Shuttle America Corporation or any other Subsidiary of the Parent or Company, and any future Air Carrier created or acquired as a Subsidiary of the Parent or Company.

53. Company Check Airman – Any Pilot who is designated at the sole discretion of the Company and authorized by the FAA to instruct, train, conduct proficiency Checks and line Checks, but who does not occupy a management position. Such Pilot is considered a Line Pilot and is covered by the Agreement.

54. Composite Line – A Bid Schedule utilizing Pairings not assigned to Regular Lines that may consist of Pairings, Reserve Days, Days Off and Known Absences.

55. Consolidation – Block Time required by FAR 121.434. “Consolidation” means the FAR term “Consolidation of Knowledge and Skills.”

56. Contract Instructor – An Instructor authorized by the Company and the FAA to perform Training, but not employed by the Company.

57. Credit Hour (Credit, Credit Time) - The hourly unit by which Pilots will be compensated as set forth in the Agreement.

58. Credit Window – The required hours of a Pilot’s Scheduled Credit Hours and Virtual Credit in a Bid Period during the Bid Process.

59. Date of Hire – A Pilot’s first day of initial ground school training by the Company, as set forth in Article 9 (Seniority), unless otherwise mutually agreed between the Company and the Union.

60. Date of Ratification – The date on which the contract is ratified by the IBT Local 357 membership and certified by the IBT Airline Division.

61. Date of Signing – The date on which the ratified contract is signed by the Company and the IBT.

62. Day – See “Calendar Day.”

63. Day Off – A Day free from all Duty required by the Company.

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64. Deadhead - Pilots flying, as a non-operating crewmember, or taking surface transportation to or from a flight or operational Assignment at the Company's direction.

65. Default Monthly Bid – The method by which a Pilot asserts a preference for a monthly Schedule in lieu of engaging in the Bid process for that Month.

66. Displacement – Occurs when a Pilot no longer has the Seniority to hold his Position at his Base due to Base closure, elimination of Equipment Type within his Base, removal of Aircraft from his Base, or resulting from a more Senior Pilot from another Base or Position taking his Position.

67. Displacement – The process by which one pilot displaces another Pilot.

68. Distance Learning –Computer-based training, required by the Company to be performed by the Pilot.

69. Domestic – The forty-eight (48) contiguous United States of America and the District of Columbia.

70. Domicile – See “Base.”

71. Downbid – A Bid for Equipment with a lower Pay Rate than the Pilot’s current Equipment, in the same Status.

72. Downgrade – Changing Status from Captain to First Officer.

73. Drug Testing – Approved testing for use of alcohol, controlled or prohibited substances, as required by the DOT, FAA or Company.

74. Dry Lease – Any leasing or sub-leasing arrangement through which the Company agrees to transfer an aircraft to another Entity.

75. Duty – Any task that a flightcrew member performs as required by the Company, including but not limited to FDP, flight Duty, pre- and post-flight duties, administrative work, Training, deadhead transportation, aircraft positioning on the ground, aircraft loading, and aircraft servicing.

76. Duty Assignment – see “Assignment.”

77. Duty Day - A Calendar Day in which a Duty Period begins or ends.

78. Duty Period - The elapsed time beginning at the time when a Pilot is required to Report for Duty or the actual Report time, whichever is later, until the time when the Pilot is Released from Duty.

79. Early Grace Month – The month prior to the Base month for training.

80. Electronic Flight Bag (EFB) - An electronic information management device that helps flight crews to perform flight management tasks more easily and efficiently with less paper.

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81. Employee Services Review Board – A Review Board comprised of Management from Human Resources and Labor Relations.

82. Entity - A natural person, corporation, association, partnership, trust or any other form for conducting business.

83. Equipment Type (Aircraft, Equipment) – The make and model of Aircraft. For purposes of the Agreement, Aircraft with a common type rating, e.g., EMB 135, EMB 140 and EMB 145 shall be considered a single Equipment Type, although they represent three different aircraft.

84. Event Review Committee – (ERC) – The committee that reviews ASAP reports.

85. Excess Aircraft - Aircraft no longer required for the Company’s ongoing Capacity Purchase Agreements or other passenger service operations, whether in revenue service or as an operational spare.

86. Executive Leadership Team – Members of the Company’s senior executive management.

87. Existing Base – A Base existing on the effective date of the Agreement or, in the case of a New Base, 12-months after the effective date of the first Captain Vacancy Award at the New Base. The New Base is then classified as an Existing Base.

88. Extra Section – One or more revenue Segments added to the Company’s flight schedule beyond the normal schedule.

89. Family Medical Leave Act (FMLA) - a United States federal law requiring covered employers to provide employees job-protected and unpaid leave for qualified medical and family reasons.

90. Fatigue – A physiological state of reduced mental or physical performance capability resulting from lack of sleep or increased physical activity that can reduce a Pilot’s alertness and ability to safely operate an Aircraft or perform safety-related duties.

91. Fatigue Risk Management Program (FRMP) – The Company’s management plan outlining policies and procedures for reducing the risks of flightcrew member fatigue and improving flightcrew member alertness.

92. Fatigue Management Review Team (FMRT) – The team that has oversight of the FRMP and provides recommendations during the report process.

93. Federal Flight Deck Officer (FFDO) – A Pilot who is certified by the Federal Air Marshal Service to carry a firearm for the purpose of defending the flight deck against an attack.

94. Final Award (Final Bid Award) – The Schedule awarded to the Pilot after Line Construction and SAP is complete.

95. First Officer – A Pilot who is second-in-command and who is responsible for the manipulation of, or who manipulates, the flight controls of an Aircraft while under way,

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including takeoffs and landings of such Aircraft, and who is qualified to serve and holds a currently effective airman’s certificate or type rating authorizing him to serve as such a Pilot.

96. Fitness for Duty – An FAA requirement to affirm Fitness for Duty at time of acceptance of a Flight/Dispatch release with each flight.

97. Fleets – Aircraft types in service at the Company.

98. Flight Duty Period (FDP) – A period of time that begins when a Pilot is required to Report for Duty with the intention of conducting a flight, a series of flights, or positioning or ferrying flights, and ends when the Aircraft is parked after the last flight and there is no intention for further Aircraft movement by the same Pilot. An FDP includes the duties performed by the Pilot on behalf of the Company that occur before a Segment or between Segments without a required intervening Rest Period.

99. Flight Duty Period Extension – The extension of the maximum FDP in accordance with FAR 117.

100. Flight Operational Quality Assurance (FOQA) – A program that collects and analyzes digital flight data generated during normal line operations. This program is covered by an MOU which maintains the Pilot’s anonymity.

101. Flight Pay - PCH plus other Credits (e.g., training, sick leave, home study, customs).

102. Flight Pay Loss (FPL) – Reimbursement from the Union to the Company for a Pilot who is performing Union business.

103. Flight Time – See “Block-to-Block.”

104. Flight Training Device (FTD) – A device that is a replica of the instruments, equipment, panels, and controls of an aircraft, this is necessary to simulate the aircraft in ground and flight operations.

105. Foreign Base – A base at a location that is outside the contiguous 48 United States.

106. Foreign Per Diem Rates – The rate of per diem applied at an international location on an overnight beginning from the time the aircraft blocks in at that international location and continuing until the aircraft blocks out at that international location.

107. Full Course (as used in Article 26 for Captain or First Officer) – Training for a Pilot moving from one Certificate to another in addition to required Transition Training.

108. Furlough - The removal of a pilot from active duty and employment as a pilot with the company due to a reduction in force, or the period of time during which such pilot has re-employment rights with the Company.

109. Furlough Date – The Calendar Day on which the furlough commences.

110. Furloughed Pilot List – A seniority list containing Pilots on furlough from the Company.

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111. Golden Days Off (GDO) – An awarded period of time that will be a guarantee of a specific three Days Off on the Pilot’s monthly schedule.

112. Graphic Flight Simulator (GFS) - an electronic representation of the flight deck made up of multiple touchscreens used to train systems, and company procedures.

113. Ground Time – The time an aircraft spends on the ground, Block-In to Block-Out, between Segments.

114. Hard Lines – Lines which contain no periods of Reserve upon completion of the Line construction process.

115. Hardship Transfer – The joint approval by the Company and the Union for a Pilot to vacate his Position and/or Base for extenuating personal circumstances.

116. Headquarters Time – Local time where the Company Headquarters is located.

117. Higher Qualifications Recommended Flights – Certain Operational Check Flights and any flight which intentionally involves any of the following: In-flight shutdown of an engine; non-normal extension of the landing gear; non-normal operation of the flight controls; activation of the stall warning system; flight involving any unusual flight attitudes (+/- 30 degrees pitch and +/- 60 degrees bank); or any similarly higher-risk activity.

118. Home of Record – the geographic location designated by a Pilot for transportation purposes.

119. Home Study – See “Distance Learning.”

120. Hospitality Committee – A Union Committee designed to greet new hire Pilots.

121. Hot Reserve – See “Airport Standby Reserve.”

122. Hotel Quality Handbook – Affiliated guide to Article 4 Expenses for the purpose of Hotel selection procedures.

123. Hub Airports – The following airports are so designated: ATL, CLT, DCA, DEN, DFW, DTW, EWR, IAD, IAH, JFK, LAX, LGA, ORD, PHL, MIA, MSP, and SLC. This list may be amended from time-to-time by mutual agreement between the Company and the Union.

124. Human Intervention Motivation Study (HIMS) – A program specific to commercial pilots and relates to the identification, treatment and return to the cockpit of impaired aviators. It is an industry-wide effort in which companies, pilot unions, and FAA work together to preserve careers and further air safety.

125. Intermittent Family Medical leave of Absence (IFMLA) – Family medical leave taken intermittently in accordance with federal law.

126. Immediate Family Member - The employee, spouse, dependent children (including legally adopted) under age 21, and parents of the employee.

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127. Initial Award (Initial Bid Award) – A Schedule consisting of known Trip Pairings, training days, Reserve Days, Days Off and Known Absences prior to SAP.

128. Initial Operating Experience (IOE) – See “Operating Experience.

129. Instructor Pilot - A Pilot who conducts training for the Company.

130. Interim Company Check Airmen – A temporary Company Check Airmen designated on an interim basis not to exceed 18 months to perform Training and Checking to the extent necessary, until there is a sufficient amount of Check Airmen.

131. International - Any point or geographic area outside of the forty-eight (48) contiguous states and the District of Columbia.

132. Irregular Operations (IROPS) – Non regular operations for the airline that cause a disruption.

133. Junior – Having less Seniority than another Pilot(s).

134. Known Absence - any planned leave, Vacation, Training, Simulator Event or other event listed in paragraph E.8.a.ii of Article 6 (Scheduling) used in Line Construction.

135. Known Crew Member (KCM) - a risk-based screening system that enables Transportation Security Administration (TSA) security officers to positively verify the identity and employment status of crewmembers.

136. Large Base – any Base with at least 45 awarded Hard lines per Equipment and Certificate (not including Composite Lines or Reserve Lines) available for bid.

137. Late Grace Month - The month following the Base month for training.

138. Layover – See “Remain Over Night.”

139. Leg – See “Segment.”

140. Legacy Republic Pilot – A Pilot on the Seniority List prior to the seniority integration arbitration of November 5, 2010.

141. Line – Any of a Regular Line, Reserve Line, Composite Line or SDP Line.

142. Line Bid – A Pilot asserting his preferences for creating his Schedule for the next month.

143. Line Check Airmen - A Pilot trained and qualified to conduct line checks, route checks, or operating experience (OE) in the airplane.

144. Line Construction – The process of building Trip Pairings, Reserve Days, Days Off, Known Absences and Pre-Awarded Assignments (e.g.Training) into a Pilot’s Schedule.

145. Line Holder – A Pilot who holds a Line which does not contain any Reserve.

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146. Line Observation Safety Audit (LOSA) - A formal process that requires expert and highly trained observers to ride the jumpseat during regularly scheduled flights to collect safety-related data on environmental conditions, operational complexity, and flightcrew performance.

147. Line of Flying - A Pilot’s monthly work assignment and associated schedule information published by the Company as the final line award and as modified in accordance with the terms of this Agreement.

148. Line Oriented Evaluation (LOE) - A session conducted in a full flight simulator under an Advanced Qualification Program (AQP) in which a Pilot trainee, as part of a full cockpit crew, participates in a flight evaluation scenario that has been incorporated into the FAA-approved AQP training program. An LOE is the AQP equivalent of a proficiency check in a non-AQP training program.

149. Line Oriented Flight Training (LOFT) – A flight scenario designed for training purposes to provide practice in the integration of technical and CRM skills.

150. Line Pilot - A Pilot who is not a Management Pilot, as described in the Agreement, and who is covered by the Agreement.

151. Line Value - The time value of a Pilot’s Final Bid Award consisting of scheduled Block Time or actual Flight Time, whichever is greater, inclusive of the value of any Assignments to training, to include paid sick/vacation leave and other Known Absences that may be adjusted for Trip trades, Trip drops or Trip adds.

152. Lineholder – A Pilot who is awarded a Regular Line, Composite Line or SDP Line.

153. Local Union – IBT Local 357

154. Lock (Seat Lock) – A restriction on a Pilot’s ability to Bid to fly another Equipment Type or change Certificates, triggered by specific Training Events.

155. Long Call Reserve (LCR) – LCR is an Assignment wherein a Pilot is subject to be contactable by the Company during his RCP.

156. Long Overnight Hotel – An overnight Hotel designated for lengths of stay of fourteen (14) or more hours.

157. Longevity - The period of time a Pilot has actively served as a Pilot with the Company. Longevity commences on the Pilot’s first day of initial ground school training as specified in Article 9 (Seniority)

158. M&IE – Meals and incidental expenses.

159. Maintenance Base – A location where the Company has facilities to regularly perform maintenance on Company Aircraft.

160. Management Pilot – Any Officer, Director, or Manager of the Company who is qualified to be a Pilot with the Company and continuously serves in the Flight Operations

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Department or in a position with direct authority over the Flight Operations Department without having left the service of the Company.

161. Maneuvers Validation (MV) - A session(s) conducted in a full flight simulator under an Advanced Qualification Program (AQP) either in continuing Qualification, initial Qualification training or Requalification training, in which a Pilot trainee’s proficiency in the execution of maneuvers is assessed. Validation is accomplished when the Pilot trainee is trained to proficiency in all tasks and subtasks of those maneuvers, as outlined in the FAA- approved AQP curriculum.

162. Marketing Schedule – The scheduled flying for the Company to perform, as provided by the Company’s partners in advance of each Bid Period.

163. Minimum Monthly Guarantee (MMG) – The minimum pay hours per Pilot in a Month, as set forth in Article 3 (Compensation).

164. Month - See “Bid Period.”

165. Monthly Guarantee – See “Minimum Monthly Guarantee.”

166. Multiple Operations Training Compliance Program (MOTCP) – An FAA approved program that allows Pilots to fly the same Equipment Type on multiple Certificates without a Training Event(s).

167. New Aircraft – An aircraft not currently flown at the Company on the effective date of this agreement and that does not appear in the Equipment Groups as listed in Article 3.

168. New Aircraft Type – See “New Aircraft.”

169. New Base – A Base not existing on the effective date of the Agreement, as per Article 26. A New Base becomes an Existing Base 12-months after the effective date of the first Captain Vacancy Award at the New Base.

170. New Hire – A Company employee newly hired as a Pilot and placed on the Seniorty List as of his Date of Hire.

171. On Call – See “Available.”

172. Open Time – Trips not Assigned to a Pilot(s) during Line Construction or SAP.

173. Operating Experience (OE) – A requirement that must be met prior to serving as a required crewmember in accordance with FAR121.434.

174. Operational Check Flight – A type of flight for which Pilots do not require specialized training designed to evaluate if an aircraft can be returned to revenue service after maintenance action.

175. Operational Necessity – Actions taken by the Company after careful planning and analysis and not arbitrarily or capriciously. Examples of such reasons shall include, but are not limited to, the following: (1) to avoid a potential flight delay; (2) to avoid a potential flight cancellation; and (3) to fulfill FAA regulatory requirements.

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176. Parent - Republic Airways Holdings Inc. or any successor of the Parent 177. Pay Credit Hour (PCH) – The Credit earned by a Pilot for Trip Pairings and Duty in

accordance with Article 3 (Compensation) of the Agreement.

178. PDO – Paid Days off

179. PDO Bank – Accumulated PDOs

180. PDO Sick Bank – PDO time that has been designated by a Pilot to be used for Sick time and is allowed to be carried over from year to year, as provided for in the Agreement.

181. Per Diem - The expense allowance a Pilot receives from the Company for incidental expenses, (e.g. meals, tips) in accordance with this Agreement.

182. Personal Communication Device (PCD) –Any device which is portable and used for communications such a voice calls, email, pages, or faxes. These include cellular phones, pagers, and properly equipped portable computers such as notebooks or tablets used at a Pilot’s discretion.

183. Pilot - A Company employee whose name appears on the Seniority List.

184. Position – The combination of a Pilot’s Status and Equipment.

185. Pre-Awards – Virtual Credits or known absences placed on a Pilot’s Schedule for the next Bid Period.

186. Preferential Bid System (PBS) – A system that constructs monthly Schedules for Pilots based on each individual’s preferences and Seniority.

187. Probationary Period – A Pilot’s first 12 months of active service (exclusive of furlough or leave of absence) with the Company commencing with his Date of Hire. If a Pilot Upgrades to Captain during his Probationary Period, such Probationary Period will end upon completion of the Upgrade OE.

188. Probationary Pilot - A Pilot who has not completed his Probationary Period.

189. Procedures Validation - A session(s) conducted during ground training (in a flight training device, an airplane simulator with the motion and visual turned off, in a parked aircraft, or in a desk-top computer based instructional device) under an Advanced Qualification Program (AQP) in which a pilot trainee’s systems integration knowledge and skill are assessed. Validation is accomplished when the pilot trainee is trained to proficiency.

190. Proficiency Check (PC) – A Check Event in the Simulator performed under a traditional training program (not AQP).

191. Reassigned – See “Reassignment.”

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192. Reassignment (Reschedule, Reroute) – Any change by the Company to a Pilot’s scheduled Assignment.

193. Recall – The process from which a furloughed pilot is returned to service with the Company.

194. Recurrent Training – Periodic training and Checking required by the FAA (e.g., Distance Learning , ground school, Simulator Events, operating procedures and knowledge) for a Pilot to maintain qualification in his Position.

195. Regular Base –A Base with at least 25 but less than 45 awarded Hard Lines per Equipment and Certificate (not including Composite Lines or Reserve Lines) available for bid.

196. Regular Line - A Pilot's monthly Bid Schedule consisting of Trip Pairings, Days Off, Known Absences and Pre-Awarded Assignments.

197. Release Time (Release) – The time when a Pilot is released from Duty.

198. Remain Overnight (RON) (Layover, Overnight) – RON is when a Pilot remains at a location “overnight” from one Duty Period to the next.

199. Report Time (Report) - The time a Pilot is scheduled to Report for Duty or the time he actually Reports for Duty, whichever is later.

200. Republic Airways Pilots System Seniority List – see “Seniority List.”

201. Republic Pilots Assistance Committee (RPAC) – A collaborative effort between the Company and Union to assist Pilots who are in the HIMS program.

202. Requalification – The requirements to be qualified to serve as a Pilot after dequalifying.

203. Reschedule – See “Reassignment.”

204. Reserve Availability Period (RAP) – A Duty period during which the Company requires a Pilot on Short Call Reserve (SCR) to be available to receive an Assignment for a Flight Duty Period (FDP).

205. Reserve Base – A Base which only contains Reserve Lines.

206. Reserve Contact Period (RCP) – An Assigned period during which a Pilot on LCR must be contactable by the Company.

207. Reserve Day – A Day containing a RAP, RCP, or ASR.

208. Reserve Line - A schedule built by the Company in accordance with the work rules of this Agreement which consists of the days a reserve Pilot will be available for duty and days off.

209. Reserve Pilot – A Pilot on a Reserve Day and subject to Assignment.

210. Rest – See “Rest Period”

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211. Rest Period – A continuous period determined prospectively during which the Pilot is free from all restraint by the Company, including freedom from present responsibility for work should the occasion arise.

212. SAP Bid Form – designated form within FLiCA whereby a Pilot inputs any desired SAP Transactions.

213. SAP Transaction – Any change to a Pilot’s Initial Award within SAP.

214. Schedule - See “Bid Schedule”.

215. Schedule Adjustment Period (SAP) – The period during which a Pilot may change his Initial Award.

216. Scheduled Block Time - The scheduled time of a flight which delineates Block-to-Block.

217. Scheduled Credit Hour - the Block Hours plus Deadhead Credits and any synthetic credit of Trip Pairings.

218. SDP Line – A Line constructed of only SDP Pairings and Days Off.

219. Seat Fill Pilot – A qualified Pilot filling in as either Captain or First Officer during a Simulator Event.

220. Segment (Leg) – A flight typically from one airport to another airport, but can be from one airport back to the same airport.

221. Segment Time – The average of historic enroute (Block-to-Block) times between city pairs (airports) by Equipment Type, as determined pursuant to Article 3 (Compensation).

222. Self-Notify – The process by which a Pilot accepts an Assignment from the Company without direct contact from the Company.

223. Senior - Having more Seniority than another Pilot(s).

224. Seniority – A Pilot’s relative position on the Seniority List.

225. Seniority Date – The Date used to determine a Pilot’s Seniority.

226. Seniority List (Republic Airways Pilots System Seniority List) – The list of Pilots in the employ of the Company arranged in Seniority order.

227. Seniority Number – See “Seniority.”

228. Separation Date – The date a Pilot terminates his employment with the Company.

229. Short Call Reserve (SCR) – A period of time during which a Pilot is Assigned to a RAP.

230. Short Overnight Hotel – An overnight Hotel where the length of stay is less than fourteen (14) hours.

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231. Short Term Vacancy - A Temporary Vacancies that shall last no more than three months, unless a longer term is mutually agreed by the Company and the Union.

232. Sick Bank – A bank of time converted from PDO on an annual basis that can be used for Sick occurences only and not converted back to PDO.

233. Simulator – An FAA approved flight simulator.

234. Simulator Event – Any training or Checking, such as, but not limited to, Initial, Recurrent, or AQP events, using an FAA-approved flight simulator.

235. Sleep Opportunity – An opportunity to sleep in a suitable accommodation.

236. Slide – The process by which a Pilot may move the start date of his Vacation.

237. Small Base – A Base with fewer than 25 awarded Hard Lines per Equipment and Certificate, but no fewer than 11 awarded Hard Lines.

238. Special Purpose Operational Training (SPOT) - means a portion of a training scenario consisting of flight tasks selected from any phase or phases of flight to provide practice in the integration of technical and CRM skills appropriate to the selected flight tasks. SPOT is conducted using a complete cockpit Flight Crew to the maximum extent feasible and is accomplished in a simulation device.

239. Split Duty Period (SDP) - An SDP is an FDP that has a scheduled break in Duty that is less than a required Rest Period.

240. Staffing Outlook – A six month forward looking staffing requirement posted monthly by the Company.

241. Standing Bid - The method by which a Pilot asserts his preference for Vacancies or future Vacancies.

242. Standing Bid Award – A Pilot’s Award as a result of a Standing Bid.

243. Standing Monthly Bid – See “Standing Bid.”

244. Status – Captain or First Officer.

245. Style Guide – The Company Approved Uniform and Accessory Guide.

246. Subsidiary - Any entity that is controlled by the Company or the Parent.

247. Supervisory Pilot – A Pilot designated by the Company to be responsible for managing Pilots and administering Company policy.

248. Systems Integration Training (SIT) - ground training designed to bring the aircraft systems knowledge together to assist a candidate to pass an oral examination or knowledge validation.

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249. Temporary Duty (TDY) – A temporary assignment to a Base other than the Pilot’s permanent Base.

250. Temporary Base – A Base assignment lasting not more than three months.

251. Temporary Vacancy – A Vacancy award lasting not more than three months.

252. Time Away From Base (TAFB) - The elapsed time a Pilot is on a Trip Pairing.

253. Training – A Company sponsored program of instruction required by the Company or the FARs.

254. Training (Training Event) – Initial, Upgrade, or Transition Training, including ground school, Simulator Events, and OE.

255. Training Review Board (TRB) – A board consisting of Union and Company designees in accordance with Article 10.

256. Transition Course (Captain or First Officer) – Training for a Pilot moving from one Equipment Type to another on the same Certificate.

257. Transition Training (Transition) – See “Transition Course.”

258. Trip – See “Trip Pairing.”

259. Trip Pairing (Trip, Pairing) - A flight, or series of flights or Assignments that are paired together and begin and end at the Pilot’s Base.

260. Trip Time - See “Time Away From Base.”

261. Trip Value – The total PCH of a Trip.

262. Turn Time – The time spent from Block-In at an airport to the subsequent Block-Out at the same airport.

263. Un-Augmented Operations – Operating with a flightcrew that does not have more than the minimum number of flightcrew members required by the airplane type certificate to operate the aircraft to allow a flightcrew member to be replaced by another qualified flightcrew member for in-flight Rest.

264. UNI – Union business paid by the Union as a reimbursement to the Company under Flight Pay Loss (FPL).

265. UNS – Union Business paid by Company.

266. Unstacking – The process during Line Construction whereby a Trip Pairing is forced onto a Pilot’s Schedule and overrides his preferences in order to reduce uncovered Trips on a particular Day.

267. Upgrade – Changing Status from First Officer to Captain.

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268. Vacancy – A position in a particular status, equipment and base in excess of the number of pilots already in that status, equipment and base.

269. Vacancy Matched Voluntary Displacements – The process in which unfilled Vacancies are filled according to matching Voluntary Displacement bids, in Seniority order, and before any other Displacements.

270. Vacation – An awarded block of 7 Days Off.

271. Vacation Bank – The balance of a Pilot’s accrued PDOs, as per Article 8.

272. Vacation Day - A Day Off free of all Duty, as a result of an awarded Vacation.

273. Virtual Credit – A placeholder with certain Credit Hours for Known Absences, as provided in the Agreement, used in Line Construction, which counts towards the Credit Window.

274. Visual Meteorological Conditions (VMC) – As defined by the FAA.

275. Wet Lease – An agreement with another carrier in which the Company provides an aircraft and crew to the other carrier.

276. Written Advisory Letter – A letter associated with occurrences received for absences at the fourth and sixth occurrence levels. Not discipline.

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Article 3 Compensation

A. Pay Scales

1. Each and every Pilot will be paid for flight time based on Status and Longevity in accordance with the hourly rates established by Equipment Group and specified in Tables 3.1 through 3.3 commencing with the first day of the pay cycle following the ratification of this Agreement. Each and every Pilot’s total Flight Pay shall be the sum of his Pay Credit Hours (PCH) and other Credits, as provided in this Agreement, multiplied by his applicable rate of pay, as provided in Article 3.

2. Each and every Pilot who holds the status of Captain shall be paid the applicable Captain rate for all Flight Pay.

B. Pay Credit Hours (PCH)

Each and every Pilot shall earn PCH, which shall be:

1. On a day by day basis, the greater of:

a. Scheduled Block or Actual Block, on a leg-by-leg basis;

b. The rescheduled/reassigned Block Time; or

2. Four hours and 12 minutes PCH Daily Guarantee; or

3. One PCH for every two (1:2) hours or portion of an hour, of Duty while on a Trip Pairing; or

4. One PCH for every four (1:4) hours or portion of an hour, of Time Away From Base (“TAFB”) while on a Trip Pairing.

5. Each and every pilot on Airport Standby Reserve (ASR) shall earn the greater of five PCH for each day of ASR or the amounts in Article 3.B.1 – 3.B.4.

C. Incentive Pay

Each and every Pilot’s actual monthly flight hours above 87 shall be paid at 125% of said Pilot’s applicable hourly rate for every hour, or portion thereof, above 87 flight hours.

D. Premium Pay

1. All Open Time Pairings (OTP) designated by the Company as a “Green Flag” will be paid at 115% of the Pilot’s PCH.

2. All OTP designated by the Company as a “Yellow Flag” will be paid at 130% of the Pilot’s PCH.

3. All OTP designated by the Company as a “Red Flag” will be paid at 150% of the Pilot’s PCH.

E. Cancellation/Removal Pay Protection

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1. Except for a Reserve Pilot, each and every Pilot not otherwise reassigned will be credited one hundred percent of the applicable pay rate for the leg value of all flights that are originally scheduled but subsequently cancelled or removed from the pilot’s schedule on a leg by leg basis.

2. Each and every Pilot who has flight segments removed from his schedule due to cancellation shall be available for reassignment in accordance with Article 6.

3. Each and every Pilot shall not collect pay for a cancelled or removed leg while collecting reassignment pay for the same associated legs in accordance with Article 6.

4. Each and every Pilot shall collect leg by leg cancellation pay for any flight removal caused by delays at a station or other operational causes. A pilot shall not collect pay for flights removed as a result of unavailability due to actions of the Pilot such as failure to report for duty, loss of qualification, commuter events, or missed trips.

F. Reassignment Pay Protection

A Pilot who is reassigned in accordance with Article 6, will be credited with the greater of one hundred percent of the leg values of the originally scheduled flights for the displaced period or the greater of the Actual Block to Block or the leg values of the reassigned flights operated in that displaced period on a daily basis. Originally scheduled means flying as awarded through the Final Bid award and as modified by Trip Trades, Trip Swaps, Trip Drops, Trip Adds, etc.

G. Deadhead Pay

1. When a pilot is required to deadhead, he will be credited with seventy-five percent (75%) of the scheduled block time of the deadhead. If no block time is established, then for air transportation, the actual time will be used.

2. Block Time will be adjusted for diversions or flights operating fifteen minutes or more over Scheduled Block time, if adjustments are requested by the Pilot within seven days of the deadhead event. All requests for Deadhead Block Time adjustment should be sent to Crew Support.

3. If required to deadhead via surface transportation (limo), the pilot shall be credited with fifty percent (50%) of driving time as set forth by Google maps or equivalent, with settings to fastest route, avoiding ferries and secondary streets, as applicable.

H. Taxi Pay

A pilot reporting for or performing a taxi movement that does not involve an attempt to fly shall receive:

1. 15 minutes of PCH at non-Hub Airports; or

2. 30 minutes of PCH at Hub Airports.

I. Customs Pay

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A pilot who clears Customs associated with an overnight assignment will receive 18 minutes of PCH. There shall be one such credit per overnight.

J. Check Airman Pay

In addition to the rates in Tables 1-3, a Check Airman will be paid as provided in Article 16.

K. Minimum Monthly Guarantee (MMG)

1. Each and every Pilot who is available for duty for the full month will be guaranteed a minimum of 75:00 hours of flight pay per month.

2. Each and every Pilot who is unavailable for part of the month except because of paid vacation, paid sick leave or GDO, will have his MMG prorated.

3. Each and every Pilot who engages in Trip Trades, Trip Swaps, or Trip Drops that cause his Monthly PCH to fall below his MMG will have his guarantee for that month reduced by the number of hours that the Trip Trades, Trip Swaps or Trip Drops cause him to fall below the MMG.

4. Each and every Pilot whose guarantee is reduced below the MMG due to Article 3.K.3., and subsequently Trip Trades, Trip Swaps or Trip Adds which increases his monthly PCH, shall have his guarantee increased by the amount of time added, up to MMG.

5. At no time will the value of the MMG be greater than 75:00.

L. Pay Procedures

1. Pilots will be paid on a bi-monthly basis, i.e., 24 pay periods per year.

2. Pilots will be paid on the 15th and the last day of each month. If the 15th or the last day of each month falls on a Saturday or Sunday, pilots will be paid on the preceding Friday.

3. The paycheck on the 15th of the month will pay MMG from the 1st through the 15th day of the month for the month prior and adjustments for the previous month as follows:

a. Per Diem and expenses owed to the Pilot;

b. Over MMG Flight Pay owed to the Pilot;

c. Any other overages due the Pilot;

d. Any deductions from the previous month.

4. The paycheck on the last day of the month will pay MMG for the 16th through the last day of the current month.

5. Each and every Pilot will be paid, at his option, by direct deposit into an account for that Pilot at a U.S. financial institution of his choosing.

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6. The Company will make the Pilot’s current and historical pay statements available to him through the Human Resources secure website.

7. Longevity increases will be paid as follows:

The current month’s MMG will be pro-rated from the actual Longevity Date as defined in Article 9. All pay over MMG for the month in which the Longevity anniversary occurs will be included in the paycheck on the 15th of the following month at the new rate.

8. Pay errors involving $100.00 or more shall be reconciled within five working days after it is first brought to the Company’s attention. Errors of less than $100.00 will be reconciled in the next issued paycheck.

a. When feasible, pay error corrections will be direct deposited into the same account(s) as the Pilot’s normal paycheck if that is his method for receiving a paycheck, or otherwise by next day delivery.

b. The Company will reimburse the Pilot any overdraft fees, penalties, or return check fees, if due to the pay error.

9. If it is determined that a pay error of more than $100.00 has not been resolved and paid within 15 days of the pilot bringing the error to the Company’s attention, in writing, including email, then the Company shall compensate the pilot for the error amount, plus fifty dollars ($50.00) for inconvenience.

M. Timing Out

Each and every Pilot who is removed from flying for the purpose of “Timing Out” shall be paid in accordance with Article 3.E for removed flights.

N. Training Pay

1. Each and every Pilot who attends a day of recurrent training or checks will be paid at the Minimum Day Guarantee.

2. When the Company elects to use Distance Learning Training to comply with FAA requirements, each and every Pilot who engages in such training will be paid and credited with one hour of PCH for every two hours of FAA-approved training credit earned.

3. When the Company uses Distance Learning Training, not covered by Article 3.N.2., each and every Pilot who successfully completes such training will be paid:

a. $35.00 for Distance Learning Training events designated as less than one hour; and

b. $50.00 for Distance Learning Training events of one hour up to two hours; and

c. An additional $25.00 per hour every hour or portion thereof after two hours.

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4. Each and every Pilot in Initial, Transition, or Upgrade Training will be paid the greater of his MMG, or 3.75 hours per day of training in accordance with Article 10.

5. Line Checks and IOE will be paid in accordance with this Article.

O. Consistent with past practice, and by way of clarification, the Company may continue to offer incentives including but not limited to signing bonus, candidate transitional training, and stipends to new hire pilot candidates, new hire trainees, and/or recruits, before or during new hire training.

P. Segment Times

1. For the purposes of this Article, Segment Times will be determined using the average of historic enroute (block-to-block) times between city pairs by type of Equipment.

2. Scheduled Segment Times may be reviewed by the Company and the Union Scheduling Committee every six months using the prior 12 months’ en route time averages for city pairs to determine whether any adjustments are to be made to the Segment Times for those city pairs. Adjustments will be made only when the en route time average for a city pair varies from the established scheduled Segment Time for that city pair by 7.5% or more plus or minus.

3. When a new route is established for which no Segment Time has been computed in accordance with Article 3.O.1., the initial Segment Time will be established based upon the marketing time for that segment. After 120 days of operation, the scheduled Block Time will be reviewed.

4. Non-scheduled flights on routes where no established scheduled Block Time exists will be credited on the basis of actual (Block-to-Block) flight time.

5. “Tests,” “Attempts,” and “Diverted” flights will be paid on the basis of actual (Block-to-Block) flight time.

6. Data necessary for an accurate and complete review of Segment Times will be made available to the Union Scheduling Committee. After the Union Scheduling Committee has had an opportunity to review the data, they may request to meet with the Company at a mutually agreeable time, to resolve any questions or disputes. Members of the Union Scheduling Committee will not disclose any confidential or proprietary information provided pursuant to this Article 3.O and will be subject to a confidentiality agreement

Q. Drug Testing

1. No Pilot will be called in for random drug testing on a scheduled Day Off.

2. Drug Testing during a scheduled day of work will count as Duty Time, and shall be credited at a rate of $10.00 per hour or fraction, thereof, prorated for all hours on duty after block in plus fifteen minutes after his last flight segment.

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3. If the pilot is taken to an off-site facility for a drug test, the Pilot will be compensated one hour of flight pay above guarantee.

4. A Pilot’s Duty Time will end 15 minutes after Drug Testing is complete, if accomplished at the airport, or 15 minutes after the Pilot is returned to the airport, if drug testing is accomplished at an off-site facility.

R. Early Report Time

If a Pilot is requested to report early on the first day of a Trip Pairing, such Pilot will be paid at the rate of $20.00 per hour, or fraction thereof, for all time on Duty prior to his originally scheduled Report Time.

S. Holiday Pay

Each and every Pilot who is assigned to Duty on any of the below-listed holidays will receive four hours and twelve minutes of PCH in addition to his MMG or PCH accrued for that month.

New Year’s Day Super Bowl Sunday Easter Memorial Day Independence Day Labor Day Thanksgiving Christmas

T. Given that the last revenue flight for the EMB-190 will be operated prior to the ratification of this Agreement, each and every Captain who flies an EMB-190 for the purpose of the non-revenue return of aircraft related flights, maintenance, ferry, or test flights, will be paid the Group 2 Rate of Pay plus a Red Flag premium for all hours flown in the EMB-190.

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Equipment Groups Group 1 Group 2 EMB 135/140/145 EMB 170/175/E2 DHC8 400 CRJ700/900 CRJ100/200

Table 3-1

FO All Equipment Groups DOS DOS+1 DOS+2 DOS+3 1 40.00 40.40 40.81 41.22 2 41.00 41.41 41.83 42.25 3 43.22 43.66 44.09 44.53 4 44.56 45.01 45.46 45.91 5 46.00 46.46 46.93 47.40 6 47.35 47.83 48.31 48.79 7 48.79 49.28 49.78 50.27 8 50.22 50.73 51.24 51.75 9 50.42 50.93 51.44 51.95

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Table 3-2

Group 1 Captain DOS DOS+1 DOS+2 DOS+3 1 67.04 67.71 68.39 69.07 2 69.05 69.74 70.44 71.14 3 71.12 71.83 72.55 73.28 4 73.26 73.99 74.73 75.48 5 75.45 76.21 76.97 77.74 6 77.72 78.49 79.27 80.06 7 80.05 80.85 81.66 82.48 8 82.45 83.28 84.11 84.95 9 84.92 85.77 86.63 87.50

10 87.47 88.35 89.23 90.12 11 90.10 91.00 91.91 92.83 12 92.80 93.73 94.67 95.62 13 95.58 96.54 97.51 98.49 14 98.45 99.44 100.43 101.43 15 101.40 102.42 103.44 104.47 16 104.45 105.49 106.54 107.61 17 106.54 107.60 108.68 109.77 18 108.67 109.75 110.85 111.96 19 109.75 110.85 111.96 113.08 20 110.85 111.96 113.08 114.21

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Table 3-3

Group 2 Captain DOS DOS+1 DOS+2 DOS+3 1 69.50 70.20 70.90 71.61 2 71.59 72.31 73.03 73.76 3 73.73 74.47 75.22 75.97 4 75.94 76.70 77.47 78.25 5 78.22 79.01 79.80 80.60 6 80.57 81.38 82.19 83.02 7 82.99 83.82 84.66 85.51 8 85.48 86.34 87.20 88.08 9 88.04 88.93 89.82 90.72

10 90.69 91.60 92.51 93.44 11 93.41 94.35 95.29 96.24 12 96.21 97.18 98.15 99.13 13 99.09 100.09 101.09 102.10 14 102.07 103.09 104.12 105.17 15 105.13 106.19 107.25 108.32 16 108.28 109.37 110.47 111.57 17 111.53 112.65 113.78 114.92 18 114.32 115.47 116.62 117.79 19 117.18 118.36 119.54 120.73 20 120.11 121.31 122.53 123.75

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Article 4 Expenses

A. Accommodations

1. The Union will maintain a Hotel Committee that will meet with the Company to ascertain the suitability of all accommodations.

2. The Company and the Union will utilize the “Hotel Quality Handbook” to identify comfortable and adequate single occupancy lodging for use during:

a. Training and at all overnight stations, including Split Duty Periods,

b. Temporary Duty (TDY),

c. Layovers when a Pilot has a scheduled or rescheduled layover of five or more hours. In such cases, if the layover was scheduled or rescheduled for greater than five hours and has an actual layover of less than five hours but greater than three hours, the hotel requirement will remain.

3. Where the Company has a regularly scheduled overnight Hotel, the Company shall utilize said Hotel unless there are no rooms for purchase at a reasonable price. When the Company is unable to book the regularly scheduled overnight hotel, the Company shall book a hotel in accordance with the Hotel Quality Handbook. The Company will pay all of the costs of such lodging.

4. The Company will pay any fee associated with local and toll free calls made from the Pilot’s room at a layover hotel assigned to the Pilot by the Company.

5. When, due to irregular operations (IROPS), special assignments, etc., any Pilot incurs lodging or transportation expenses, he will be reimbursed through the normal expense reimbursement process with receipts for such expenses, provided he consults with the Company in advance of such expenses.

6. Pilots shall not be required to provide a credit card or other payment mechanism to any Hotel [to pay for lodging] while on a Layover.

7. The Company will post and maintain a Hotel Amenities Report on the Flight Operations Intranet site that details all amenities, discounts, and other pertinent information for each overnight crew hotel. Such report will also include information regarding available hotel discount rates for personal use.

8. Choosing Hotels

a. The Company and the Union shall use the “Hotel Quality Handbook” as the basis for hotel specifications and requirements not included in this Agreement.

b. Subject to any hotel changes as a result of Article 4.A.9, the Company will provide the Union Hotel Committee Chairman written notice at least 30-calendar days in advance of the intended decision date that the Company

Commented [JBN1]: Joint Bargaining Note: Intent is that you must first be scheduled or rescheduled for greater than 5 hours to receive the hotel. If scheduled less than 5 hours and due to early arrival has greater than 5 we will accommodate if a room is available.

Commented [JBN2]: Joint Bargaining Note: Twice the normal rate is reasonable. Three times the normal rate is unreasonable.

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is considering alternate or new Hotels, including the notification to the Union of any Hotel where contracts are due for renewal or set to expire.

c. In the event that either the Company decides to change a hotel or a hotel serves the Company a termination notice, the Company shall immediately notify the Union Hotel Committee Chairman.

d. The Company shall provide the Hotel Committee information on all of the Hotels being considered in accordance with “Hotel Quality Handbook.”

e. The Union may participate in on-site visits of the preferred properties as determined by the Company in conjunction with the Hotel Committee.

(i) The Company and the Union shall utilize the “Hotel Quality Handbook” for each and every hotel under evaluation.

(ii) The Company shall pre-award UNI days for up to two Hotel Committee Pilots per hotel city requiring hotel inspection during any month in which a hotel on-site visit is required and authorized by the Company.

(iii) The Company shall not prevent or interfere with the evaluation of hotels by the Hotel Committee on non-UNI days. Pilots shall not represent that they are representing the Company’s interest when evaluating a hotel under this provision.

(iv) The Company shall provide Space Positive travel, when available in accordance with code share partner travel guidelines, for the Hotel Committee members from their Base or home city (if requested by the Pilot and approved by the Company) to the airport that will be served by the Hotel being evaluated.

f. The Hotel Committee will provide the Company with its comments and recommendations at any time on any proposed hotel changes or current hotels. The Company shall consider and reasonably accommodate the recommendations of the Hotel Committee.

g. Any time the Company needs to utilize a hotel outside of the normal hotel selection process, it may use an interim hotel for a maximum of 60 days. If the Company intends to use the hotel in excess of 60 days, the normal hotel approval process outlined in the “Hotel Quality Handbook” will be required.

9. Hotel Issues

a. Pilots shall be responsible to report hotel complaints or issues to the Company in a timely fashion. Pilots will also have the ability to provide feedback including but not limited to both formal hotel complaints and compliments to be filed along with suggested hotel update requests and additions.

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b. The Company will make prompt inquiries into complaints or issues related to deterioration of service at any hotel that has been approved for layovers. Prompt remedial action to resolve the issue will be taken by the Company in those cases where investigation affirms a deterioration of service or a lack of appropriate standards. The Company shall provide a written response to the complainant addressing his issue.

c. The Company shall provide the Union a monthly report detailing the issues at scheduled overnight hotels. The Union shall provide the Company with a monthly report containing non-confidential information contained in their current hotel database within the Union website.

10. Guidelines for Hotels and Accommodations

a. Hotel Designations

(i) For all service to Hazardous or High Risk areas the hotel shall conform to the requirements of Article 24.G.

(ii) For overnights where the length of stay is scheduled to be at least 14 hours, the Company shall, if feasible, designate a Long Overnight Hotel. This hotel shall be situated in a core business district of the city or recreation area, and within reasonable driving time to the airport.

(iii) All other stays at a hotel less than 14 hours shall be designated the Short Overnight Hotel.

b. Hotel Standards

Each and every hotel and / or hotel room must meet requirement as specified in the “Hotel Quality Handbook,” as mutually agreed to and amended by the Company and the Union.

11. Transportation

a. The Company will provide transportation between the airport and the lodging facility. Transportation shall be available within 30 minutes following the Block In at all locations. Any Pilot who has boarded a van and has waited more than 10 minutes without departure may take alternate transportation that will be reimbursed by the Company.

b. All vehicles in which Pilots are transported on behalf of the Company shall have working seat belts for every crewmember in the vehicle. If there are not enough working seat belts, the Pilot shall be provided alternate transportation, with working seatbelts, at no cost to the Pilot.

c. The Pilot or his designee on the crew shall contact the hotel or transportation company upon arrival to advise the hotel or transportation company of their arrival and availability for pick up. Pilots are not required to use their Personal Communication Device (PCD) to contact the hotel or transportation company.

Commented [JBN3]: Joint Bargaining Note: Feasible means that there is availability of reasonably priced hotel or that there is a reasonably different area. If the Short is already in the Long area, we are good.

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d. If the usual transportation from the airport to a hotel is not available within 30 minutes following Block In, any Pilot may use a taxi or similar service (e.g. UBER, Lyft, etc.) for transportation to the hotel that shall be paid for by the hotel. Any Pilot using a taxi, or similar service pursuant to this paragraph will attempt to contact Crew Scheduling prior to calling for the taxi or upon reaching the hotel, to advise them of the circumstances. In the event that the hotel refuses to pay (or is unable to pay, i.e. UBER), the Pilot may pay for said transportation, which the Company shall reimburse. The Pilot shall provide the Company with a receipt for reimbursement of transportation expenses.

e. If there is no suitable eating facility at the hotel or within reasonable walking distance (taking into account environmental conditions), transportation will be provided to any restaurant within 3 miles at no cost to the Pilot.

B. Per Diem

1. Each and every Pilot will be paid a per diem allowance of $1.95 per trip hour (fractions will be prorated) for all Assignments originating and terminating in the Contiguous United States. Pilots shall be paid an international per diem of $2.50 per trip hour for ground time in a location outside of the United States of greater than 90 minutes. Said per diem shall begin at the time the Aircraft Blocks In at the location outside the Contiguous United States and continue until the time that the Aircraft Blocks Out from the location outside the Contiguous United States.

2. Per diem rates as described in Paragraph 4.B.1 will commence on the first full month following the Date Of Signing. Per diem rates shall be increased by $0.10 every second year, effective on the second anniversary of the Date Of Signing, and shall continue increasing by $0.10 every second year through the term of the Agreement. Thereafter until a new Agreement is ratified by both parties, the per diem shall increase at a rate of $0.05 per trip hour on the anniversary date of the Date of Signing of this Agreement.

3. Each and every Pilot will receive per diem for each trip hour (from Report Time in Base to Release Time in Base), Training (including Training that originates in a Pilot’s Base), while on ASR, TDY, or any other Duty or Assignment by the Company.

4. International Training per diem will be paid in accordance with Article 10.

5. Per diem will be included in the first payroll check of the following month on or before the 15th calendar day of the month, and will encompass all per diem owed for the previous month.

C. Transportation

1. Any Pilot who drives to a different Base as a result of a Base Displacement of 50 miles or less shall be reimbursed for any additional tolls and mileage driven as a result of the Base Displacement, for a period of one year from the effective date of the displacement, at the Company rate listed in Article 4.C.2

Commented [JBN4]: Joint Bargaining Note: All per diem is paid at the Domestic Rate except for those hours, Block In to Block Out, outside of the Contiguous United States, which is paid at the International rate.

Commented [JBN5]: Joint Bargaining Note: Not meant to include distance learning

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2. When any Pilot agrees to drive his personal vehicle at the request of the Company, the Company shall reimburse the Pilot at the current Company mileage rate, or $0.54 per mile, whichever is greater. The Company shall not require any Pilot to drive his personal vehicle to a different Base as a result of a Base Displacement.

3. The Company will provide travel on a booked basis when a Pilot is deadheading on line between a Pilot’s Base and the point of his assigned Duty.

a. Each and every deadheading Pilot shall be eligible for any no-cost upgrade to a higher cabin of service.

b. Airline travel shall be booked as positive space in business class or better, on any single segment scheduled for more than five hours gate to gate, if the Pilot will be required to fly prior to receiving a rest period after landing. Such flight shall be at no cost to the Pilot. Any Pilot, at his election, may accept any flights that are not booked and confirmed as described in this paragraph.

c. Unless otherwise required by this Agreement, the Company shall provide all Pilots, via Company e-mail, the confirmation number of the booked flight at least 24-hours in advance of the travel. In the event travel is booked, or the confirmation number is received by the Company less than 24-hours in advance, the Pilot shall be provided the confirmation number immediately upon receipt by the Company via Company e-mail.

4. Rental Vehicle

a. Upon request, a rental vehicle will be provided to each and every Pilot with a valid driver’s license, who is away from Base during a Company Assignment, other than Training when the Company provides a Rental Vehicle for the duration of Training (as allowed in Article 4.C.4.b), and off duty for any period equal to or greater than 26 hours.

b. The Company may provide a rental vehicle(s) to a group of Pilots for the duration of any long term Training event (e.g. Initial Training, Upgrade Training, etc.), other than New Hire Training.

c. Each and every rental vehicle booked for Pilots in accordance with Article 4.C.4.a, shall be at least a “mid-size” or “full size” vehicle, unless no vehicles of these sizes are available for rent at a reasonable rate by any company at the airport.

d. Before returning the rental vehicle, the Pilot shall refuel the vehicle. The Pilot will be automatically reimbursed $10.00. If the amount of fuel is greater than $10.00 the Pilot shall submit an expense report to the Company. The Company shall promptly reimburse the Pilot for expenses authorized in connection with the rental vehicle.

D. Parking Reimbursement

Commented [JBN6]: Joint Bargaining Note: Company may book connecting flight segments equaling five hours or greater that will not be subject to this provision. Pilot may waive seating requirement to allow direct service option if available.

Commented [JBN7]: Joint Bargaining Note: To include fuel and required parking.

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1. The Company will pay for the cost of parking at a Base or another airport of the Pilot’s choice where free parking is not available at the airport while the Pilot is performing Duty.

2. The Company will not be required to pay for monthly parking at more than one airport per Pilot, except as provided in Article 17.B.9.h.

3. Alternate Parking Airport

a. Parking at an airport location other than the Pilot’s Base shall be paid by the Company if:

(i) The Pilot chooses to not receive parking at his Base paid for by the Company, and

(ii) Parking is available at the Pilot’s preferred alternate parking airport.

b. The cost to the Company of the alternate parking airport shall be limited to the cost of monthly parking at the Pilot’s Base or $30.00, whichever is greater.

4. The Pilot may, at his option, purchase a six-month parking pass, unless longer is required, or submit up to 12 months of parking expenses at a single time. All parking expenses submitted must be incurred within the previous 12 months.

E. Reimbursement for Identification and Security Documents

1. The Company will reimburse each Pilot for the cost of passports and visas required by the Company as well as any fees for expedited processing. The Company shall also reimburse the Pilot for any airport government charges incurred in traveling on Company business.

2. The Company will furnish an identification card to each Pilot. Pilots will bear the cost of replacement if lost. The Pilot shall not be required to pay more than $50.00, including the cost of next-day shipping the ID card to the Pilot. If the ID is returned to the Company within 30 days of the Pilot being issued his replacement ID card, he will be reimbursed 50% of the cost of the replacement ID card

3. The Company shall pay all fees associated with and grant each and every Pilot full end-user access, unless prohibited, to use Cockpit Access Security System (CASS), Known Crew Member (KCM), and other similar programs authorized by the Company at no cost to the Pilot.

F. Payment for Equipment and Training.

1. Except for initial new hire Training, or any training agreement associated with such initial new hire training, all Training of Pilots at the Company shall be at Company expense. Ground school, Simulator and Flight Training, training facilities, training aids, written Training materials and equipment utilized for such training will be provided at no cost to the Pilot.

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2. Pilots will not be required to pay for the use of any equipment required in scheduled operations. The Company will provide Jeppesen Charts or other approved D.O.T. charts, with current revisions, to all Pilots.

3. Manuals issued to Pilots by the Company will be paid for by the Company. Each Pilot must maintain his manual(s) in good condition at all times. Any Pilot who transitions to another Aircraft Type or terminates employment shall return previously issued manuals in current, good condition, normal wear and tear excepted. If a Company-provided manual is lost or negligently damaged, the Pilot shall reimburse the Company for the cost of replacement up to a maximum of $75.00.

4. Electronic Flight Bag (EFB)

a. The Company shall furnish each and every Pilot with any device, software, and accessories needed to meet the requirements of the Company Electronic Flight Bag (EFB) program.

b. Accidental Damage, Loss, Theft, and Repair

(i) Each and every Pilot will exercise his best effort in caring for the EFB and accessories. It is understood, however, that in spite of these best efforts, EFBs or accessories may occasionally be damaged. In such case the Pilot will return the damaged EFB or accessories to the Company for repair or replacement.

(ii) If an EFB or accessories is stolen or lost, the Pilot shall report such theft to the appropriate authorities or describe the circumstances of the loss to the Company. In either case, the Company will provide a replacement EFB or accessories and will ensure that the Pilot receives it in a timely manner so as to mitigate any loss of time performing his assigned duties.

(iii) In all cases, the Company shall be responsible for the cost of the replacement EFB or accessories unless it is determined that the Pilot demonstrated negligence in relation to the damage, theft, or loss of the EFB or accessories.

(iv) If the Company is unable to deliver a replacement EFB, accessories, or appropriate charts and/or documents in lieu thereof, to any Pilot, causing an adjustment to the Pilot’s schedule that reduces his flying or availability, the Pilot shall be pay protected for the adjusted flying unless it is determined that the Pilot demonstrated negligence in relation to the damage, theft, or loss of the EFB or accessories.

c. EFB Long-Life Replacement

(i) The Company shall replace an EFB at the end of the useful life span of the EFB. The useful life span of the EFB shall be determined by the Company.

Commented [JBN8]: Joint Bargaining Note: Only accessories required to perform flight duties per the Company manuals.

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(ii) The Company shall replace all cables for the EFB and accessories, provide a replacement Backup Battery (or similar device), and replace other components as necessary (e.g., cover, case, etc.) upon the request of the Pilot at no cost to the Pilot. In such cases, the items being replaced will be returned to the Company when the replacement is issued.

d. EFB End of Life

At the end of the useful life span of the EFB, the Company shall remove all data and software from the EFB to ensure the confidentiality of the Pilot and the Company. The Company shall offer any Pilot his current version of EFB issued as of the date of signing of this agreement, for a purchase price of $50.50 at the end of the useful life span of such EFB.

G. Property Damage and Civil Liability Indemnification

1. No Pilot shall be required to compensate the Company for Company property damaged by the Pilot while performing his duties in a professional and responsible manner with the Company.

2. The Company will continue to provide liability insurance covering Pilots while in the performance of their duties with the Company. Such coverage shall also apply to civil actions for damages against any Pilot’s estate. It is expressly understood that all indemnification and holding harmless of any Pilot is limited by the terms and exclusions of the Company’s policy with its insurers.

Commented [JBN9]: Joint Bargaining Note: Current versions are those issued to Pilots in 2014.

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Article 5 Moving Expenses

A. Eligibility

1. Each and every Pilot displaced to another Base for any reason and each and every Pilot that is recalled from Furlough to a Base other than the Base he held at the time of the Furlough shall be entitled to all benefits under this Article, and the Company will pay all listed expenses.

2. Successful Vacancy bidders, Pilots moving to a Base upon initial employment, and Pilots making Base swaps are not entitled to benefits and expenses under this Article. Successful Vacancy bidders and Pilots making Base swaps who move their primary residence to the new Base shall be pre-awarded up to four consecutive unpaid Days Off to move. These days off shall be coordinated with his Chief Pilot. If the move days off cannot be pre-awarded, the Pilot will coordinate his move days with his Chief Pilot and will be removed from his Trip Pairings if applicable. Such move days will be unpaid.

B. Moving Benefits

1. Each and every Pilot eligible under Article 5.A.1 shall be entitled to actual moving expenses of his residence by a professional mover, including packing materials, packing, shipping, loading, unloading, and insurance of household goods and effects, up to a total weight of 12,500 pounds. Storage of household goods will be provided up to 30 days. The mover must be approved by the Company and shall be paid directly by the Company.

2. Each and every Pilot eligible under Article 5.A.1 who elects to move himself shall, with valid receipts, be reimbursed for the rental truck and/or trailer, packing materials, insurance, fuel, and five hundred dollars ($500.00) to offset other costs not included in this paragraph. The reimbursement of a self-move shall not exceed the cost of a Company approved move as described in Article 5.B.1.

3. All Company paid/reimbursed moves must be completed within one year of the Effective Date of the new Base assignment, or up to 18 months with an approved hardship.

4. The Company will reimburse each eligible Pilot, as defined by Article 5.A.1, for the relocation expenses of up to two vehicles.

a. The Company shall reimburse the Pilot at the current Company mileage rate, or $0.36 per mile, whichever is greater, as described in Article 4.C.2.

b. The Company shall only be responsible for actual distance traveled in each of the vehicles transported, up to the equivalent of the distance between the two Bases for each vehicle, as derived from Google Maps, or equivalent, with settings to fastest route, avoiding ferries and secondary streets, as applicable.

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c. At the Pilot’s sole discretion, either or each vehicle may be relocated prior to the planned move, in conjunction with the actual move, or within 60 calendar days after the actual move.

d. The Company shall reimburse fees for tolls accrued by the Pilot as a direct result of moving.

5. A day of travel shall be considered a minimum of 350 miles as derived from Google Maps, or equivalent, with settings to fastest route, avoiding ferries and secondary streets, as applicable.

6. Moving of Vehicles and Personnel

a. The Company shall reimburse each Pilot for lodging, meals, and incidental expenses incurred during travel due to any event as defined under Article 5.C.1.

b. Expenses reimbursed by the Company shall include the following:

(i) Double occupancy lodging for the Pilot and his immediate family for the time required to travel to the new Base based on travelling 350 miles each day, and

(ii) A daily meal allowance shall be $45.00 for the Pilot, $45.00 for his spouse or domestic partner travelling with the Pilot, and $25.00 for each of the dependents travelling with the Pilot per day based on travelling 350 miles each day, and

(iii) Meals and incidentals shall be totaled for the travel days such that if one day exceeds the maximum, the expenses may be deferred to another day which did not exceed the maximum, as long as the total meals and incidentals expense for the travel period does not exceed the total allowable expense of each day added together.

7. Residential Expenses

a. For rental property used as a primary residence, if a lease is broken as a result of moving due to any circumstances covered in Article 5.A.1, and a penalty is incurred, the Company will pay the penalty up to the amount of $2,000.00 with proper written documentation of such penalty.

b. Each and every Pilot who chooses to sell his home and move to a location in accordance with Article 5.D.6 will receive, in addition to the moving expenses outlined in this Article 5, a one-time reimbursement of $2,000 with proper written documentation of the sale of his home.

c. The Company shall pay up to $300.00, with proper documentation, for termination and hook-up of gas and electric utilities, telephone, internet, cable television, and any other utilities, (excluding deposits) resulting from a move in association with Article 5.A.1.

Commented [JBN1]: Joint Bargaining Note: Hotels shall be comparable to that of Company overnight hotels.

Commented [JBN2]: Joint Bargaining Note: To be eligible under this provision the person must be eligible to be covered by Pilot’s insurance.

5-3

8. If immediate occupancy of the new residence is impracticable because of time constraints imposed by the moving company, the Company shall pay meal and lodging expenses consistent with Article 5.B.6.b for up to 14 calendar days. The Pilot shall make every effort to minimize this expense. If the moving company reimburses the Pilot for these expenses, the Company will have no obligation to make any additional payment towards these expenses.

9. Exclusive of compensation for missed trips and the amount specified in Article 5.B.7 the Company’s liability for moving expenses under Article 5 shall not exceed $10,000.

10. If a Company preferred vendor is used, payment shall be paid directly from the Company to the moving vendor. All other eligible expenses set forth in this Article shall be paid to the Pilot as a reimbursed expense. Said reimbursement shall be paid to the Pilot as an electronic funds transfer, if available, or via a check that shall be delivered to the Pilot, at the address of his choosing, within 14 calendar days of the Pilot’s submission of the expense form.

C. Moving Days

1. Each and every Pilot eligible under Article 5.A.1 who is moving his primary residence will be entitled to four consecutive days off, inclusive of scheduled days off, for a move of 700 miles or less, plus one additional day off for each 350 additional miles. These days off are to be taken in conjunction with the actual move.

2. Moving days specified in Article 5.C.1 will be coordinated with the Chief Pilot and pre-awarded in the monthly bid award process if the moving days are known ahead of the monthly bid process. These days shall be awarded as days off and credited at five hours per calendar day. If the Pilot is removed from flying for moving days, the Pilot will be paid for the value of any trip(s) missed

3. Unless the move happens within 30 days of the Effective Date of the Displacement, or within 14 calendar days of the sale or purchase of Real Estate by the Pilot, spouse or domestic partner, moving days may not be scheduled during the weeks of Thanksgiving, Christmas, and New Year’s.

D. General

1. Each and every Pilot who is eligible for moving expenses under this Article who elects not to move will be entitled to his choice of one of the following:

a. $500.00, which need not be verified by receipts, or

b. 10 nights of hotel stays at the Company hotel in the new Base to be used within the first six months of the Pilot’s scheduled flying in the new Base.

2. When the Company is required to pay moving expenses, nothing in this Article is intended to prevent the Company and the Pilot from agreeing to an amount to be paid to the Pilot in lieu of the expenses set forth in this Article.

Commented [JBN3]: Joint Bargaining Note: To be eligible under this provision the person must be eligible to be covered by Pilot’s insurance.

Commented [JBN4]: Joint Bargaining Note: The Pilot may use the hotel stays in advance of the beginning of his scheduled flying in the new Base.

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3. When the Company is required to pay moving expenses, the move must be coordinated with the Chief Pilot. Moving expenses should be submitted within 30 calendar days after incurring the expenses. Receipts must verify all moving expenses. The Company will not be liable for any damages incurred during moving.

4. Each and every Pilot’s Base move that is within a 50 mile radius of the Pilot’s previous Base is considered local in nature and will not be eligible for moving expenses under this Article.

5. Each and every Pilot who becomes eligible for moving expenses twice within a twelve month period and has not received his first moving benefit will receive the amount specified in Article 5.D.1.a. Such Pilot will retain eligibility under this Article for his second move eligibility.

6. The Company will pay moving expenses to eligible Pilots who:

a. Move to any location that is within 125 miles of the new Base, or

b. Move to any location that is within 125 miles of any of the Bases on his Certificate, or

c. Move to a location serviced by two 121 domestic carriers, one of which is a code share partner on his Certificate, each having a minimum of three daily non-stop flights to the Pilot’s new Base with a scheduled Block Time not to exceed three hours to the Pilot’s new Base.

7. Moving Outside of the Contiguous United States

a. If the Company opens or closes a Base outside the Contiguous United States, the Company and the Union will meet to negotiate any specific additional considerations reasonable and necessary to facilitate the Pilot moves to or from that Base.

b. All benefits for moves outside of the Contiguous United States shall be no less beneficial than already included in Article 5.

c. If the Company and the Union have any unresolved issues in dispute under Article 5.D.7.a, no later than 60 calendar days prior the proposed Base open date, the Company and the Union will submit their final offers to expedited interest arbitration. The arbitrator will issue the decision no less than 30 calendar days following the conclusion of the arbitration.

Commented [JBN5]: Joint Bargaining Note: First eligibility is closed out with payment under Article 5.D.1.a.

Commented [JBN6]: Joint Bargaining Note: scheduled Block Time as per the airline reservation system.

Commented [JBN7]: Joint Bargaining Note: The intent is that the Base is not opened before the issues are submitted to the arbitrator.

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Article 6 SCHEDULING

A. Staffing

It is the Company’s responsibility to determine adequate staffing levels taking into account all known flying, vacations, known approved leaves of any kind, scheduled and/or anticipated Training, Company related business, attrition, retirements, and all known absences.

B. Scheduling Goal

The Schedule Construction goal is to provide a high degree of productivity and schedule consistency for the Pilot group while at the same time resulting in the safe and efficient operation for the Company, the Pilots, the passengers, and our Customers.

C. Scheduling Committee

1. The Union Scheduling Committee shall meet with the Company for the purpose of facilitating the efficient operation of and compliance with Article 6, Article 7, Article 8, Article 23, and Article 26. The Union Scheduling Committee shall be given access to non-confidential information necessary for such facilitation including, but not limited to Aircraft flows, Block Time reports, scheduled Training, scheduled Checking Events, Vacations, known Leaves of Absence, and current staffing levels.

2. The Company shall provide Union members authorized by the Union Executive Board (up to six individuals for each airline Certificate operated) login credentials for the purpose of accessing the Trip Pairing and Line construction software (Cygnus and FLiCA or similar, future technology), and Crew Trac. Such access shall not include the ability to alter any Pilot’s schedule. Each Union designee who is granted access shall execute and comply with a non-disclosure agreement and shall not reveal his login credentials to any other person. The Union may request additional access for administering this Agreement. For times when the Union is generating Trip Pairings or Line Awards in conjunction with the Company at a Company facility, the Company shall provide the Union the hardware necessary to complete the effort with sufficient computing power. If utilized by the Company and where technically possible, the Company shall allow external access by the Scheduling Committee to complete Trip Pairing and Line construction processes.

3. The Company shall provide updated information regarding the use of the Trip Pairing and Line construction software (e.g., software updates or changes to functionality) to Union designees. Prior to installing or applying any updates which have a material change to the functionality of the software, the Company and the Union shall meet to try to reach a consensus on the change.

4. Any changes to the Scheduling Software shall, at a minimum, maintain the functionality and accessibility that meets the requirements set forth in this Agreement. The Company shall not remove any materially relevant functionality

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that exists upon the Date of Signing without first notifying the Union through the Scheduling Committee.

a. The Company shall meet and confer with the Union regarding material changes to FLiCA or Crew Trac. If the Company considers adoption of a replacement system to FLiCA or Crew Trac, the Union may participate in the evaluation and selection of the system although the Company retains final authority to select a particular system.

b. If training is required for effective use of the new software, the Company shall provide the necessary training for the Union designees, and shall, develop, maintain, and deploy a training program for all Pilots on the front end user interface of the software.

c. If, due to changed circumstances (e.g. revised FAA regulations), FLiCA or Crew Trac no longer meets the requirements of this Agreement and/or regulations, the Company and the Union will meet, and if possible, mutually agree to modifications to the Agreement to accommodate the changed circumstances. If such changed circumstances become effective before mutually agreed modifications are established, the Company will maintain a scheduling system that meets the existing requirements of the Agreement to the extent feasible.

5. The Union access described in Article 6.C.2 shall include the ability to review, or generate reports of information reasonably available from the system, to the extent that Article 6.C.2 does not provide for access to the relevant program, the Company will provide such reports. The following shall be available to the Union:

a. Sick leave used;

b. Hours and Trip Pairings flown by Management Pilots;

c. Vacations sold back or deferred to the Company;

d. Individual Pilot schedule history;

e. Daily assignments for Reserve Pilots;

f. Reassignments;

g. Trip Add, Trip Drop, and Trip Swap requests granted and denied.

h. All final Pairings Published, exported to the Union in a mutually agreed upon format;

i. All final Awards, exported to the Union in a mutually agreed upon format;

j. Every segment flown including Flight information and the Pilots that flew each and every flight, exported to the Union in a mutually agreed upon format;

k. A Commuter Report.

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6. The Company shall provide other reasonably available and relevant information as requested by the Union and is mutually agreed upon.

7. In order to accommodate Union Scheduling Committee meetings with the Company, the Company shall:

a. Include in the Pre-Awards, time off for Union Scheduling Committee members required as determined by the Company to effect the Trip Pairing Construction, Line Award Process, and any other functions requested of the Union Scheduling Committee by the Company. The Company will release from flying two Scheduling Committee members for up to ten days for Trip Pairing Construction and two Scheduling Committee members for up to five days for Line Award processing. Each of the members shall be present for each day they are pre-awarded.

b. The Company shall award the first 50 hours provided for under Article 6 for Scheduling Committee Members as UNS. Any other days for the Scheduling Committee shall be pre-awarded UNI days, unless the Company specifically requests or requires the Union Scheduling Committee support.

8. Monthly Meetings

a. The Scheduling Committee and the Company shall meet monthly to discuss topics including, but not limited to the following:

(i) Marketing Schedules from Code Share Partners,

(ii) The construction of Trip Pairings

(iii) The construction of Line Awards,

(iv) The SAP process, and

(v) Reserve and Composite Line Construction.

9. The Company shall provide the Union access to each SOC during normal hours of operation, including during times of IROPS with coordination and approval of the Director of Crew Scheduling. The Union will not interfere with the SOC or the efficiency of operations thereof. The objective of the Union shall be to observe and understand the application of the Agreement in a real-time Crew Scheduling environment.

D. Electronic Transactions

1. The Company shall provide FLiCA or similar supplemental software, which shall be the means for Pilots to conduct schedule and bidding transactions and view schedule information via the Internet. The system shall maintain all functionality required by this Agreement.

2. The Company shall maintain, with input from the Union, a Scheduling Support Document that will provide detailed bidding options and guidance on how to use

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FLiCA. The Scheduling Support Document also provides guidance to the Company and the Scheduling Committee on the methodology for Trip Pairing construction, Line awards, and functionality of many of the platforms used by the Pilots.

3. The Company, through FLiCA, Crew Trac or similar software shall provide functionality to include, but not be limited to, the following:

a. Monthly Bidding;

(i) Submit Monthly GDO requests,

(ii) Submit Monthly PDO requests,

(iii) Submit Monthly Recurrent Training Bid,

(iv) Submit Monthly Preferential Line Bid requests,

(v) Submit SAP requests, and

(vi) Submit Composite and Reserve Line requests.

b. Trip Trades, with another Pilot, including partial Trades, which may be required to be manually processed);

c. Trip Swaps, with Open Time, including partial Swaps, which may be required to be manually processed;

d. Open Time Pickups;

e. Vacation Bids, Awards, Swaps, Trades, Adds and Drops;

f. Trip Drops;

g. Standing Bids and Standing Bid Awards;

h. Bidding for Recurrent Training Events;

i. View the current schedule and,

j. Self Notification for Assignments

The Company may turn self-notification off as needed while making mass schedule changes in conjunction with operational requirements.

4. The Company shall provide the following information as it pertains to Reserve Pilots:

a. A Reserve Availability Report; and

b. A Reserve Grid.

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5. FLiCA shall allow the printing of the Bid Information at all Pilot Bases (in the Crew Room) and via the Internet. In the event Bid Information cannot be printed at the Pilot Base, the Company shall coordinate alternate arrangements.

6. Each and every Pilot who wishes to access any Company electronic service outside of the Company facilities shall be responsible for all equipment and Internet service. The Company shall pay for any Company required computer access systems that require a separate fee for any of the transactions listed in 6.D not to include data plans. If any Pilot chooses to receive alerts and notifications via his PCD he shall be responsible for the costs of maintaining such PCD and any carrier access charges (e.g., broadband access fees, telecom charges, etc.).

7. Each and every Pilot shall receive a Reasons Report for all Electronic Transactions.

E. Schedule Bidding Process

1. The Company shall publish a monthly update on the Code Share Partners’ Schedules and Trip Pairing construction process for the Bid Month, which provides information on changes in Trip Pairings from the previous month.

2. Trip Pairing Construction

a. It is the responsibility of the Company to prepare and publish the Trip Pairings to be Bid on by the Pilots. The Company and the Scheduling Committee shall reach consensus, to the extent possible, as to the weight given to each objective listed in Article 6.E.3, and other factors considered in the optimization of the Trip Pairings, in construction of the Trip Pairings.

b. The members of the Union Scheduling Committee, and the Company’s Crew Planning department shall review the Trip Pairing construction on a monthly basis. The Union Scheduling Committee members shall be allowed to build Trip Pairings for each Certificate, Equipment, and Position within the guidance of Article 6 and in compliance with this Agreement. The Company will review and determine which Trip Pairings to use.

3. Published Trip Pairings shall be constructed where possible in accordance with the following objectives:

a. Maximizing the Pilot’s flight time during a given Duty Period;

b. Ensure the ability to carry out the marketing schedule while maintaining on time performance and schedule completion;

c. Maintain a mix of Trip Pairing types (e.g., 1-day, 2-day, 3-day, 4-day, and 5-day Trips);

d. Ensure stability and continuity from one Bid Period to the next; and,

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e. Generate identical Trip Pairings for both Captains and First Officers in each Equipment to the extent possible.

4. The Company shall determine and use a series of Buffers when building Trip Pairings, Lines schedules, responding to Open Time requests, Trip Trades, and assigning Flying to Pilots. The Union Scheduling Committee shall provide suggestions to the Company regarding the Buffers. The Buffers will be published, and may be amended by the Company, in the Scheduling Support Document.

5. All Trip Pairings used for the scheduling or assigning of Pilots shall comply with all other applicable provisions of the Agreement.

6. Bid Information

a. The Equipment specific Bid Information for each Base shall contain at least the following information:

(i) All known flying arranged in Trip Pairings including but not limited to the following schedule information:

1) Report and release times;

2) Pairing number;

3) Flight number;

4) Block and Credit Time of each Segment;

5) Block and Credit Time of the Pairing, including any pay Rigs, as applicable;

6) Duty Time;

7) Ground time;

8) Deadhead Credit time;

9) Originating, intermediate and terminating station;

10) RON information, including anticipated hotel information, ground transportation, etc.;

11) Minimum required Rest;

12) Trip time (Time Away From Base (TAFB)); and,

13) Equipment Type, (e.g., EM3, EM4, EM5, DH4, EM7, EM8, etc.).

(ii) A list of Pilots eligible to Bid in each Base (Bid Eligibility List);

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(iii) Awarded or assigned Temporary Vacancies;

(iv) An anticipated number of Split Duty Period (SDP) Lines and Hard Lines:

(v) An anticipated number of Composite, and Reserve Lines;

(vi) Operating Experience (OE) Check Airmen;

(vii) Types of Reserve (e.g., Long Call Reserve (LCR), Short Call Reserve (SCR), and Airport Standby Reserve (ASR);

(viii) Known Training Assignments, including applicable Credit;

(ix) A list of Pilots who are due for Training and/or Checking Events with the assigned dates;

(x) All awarded and available Vacation time; and

(xi) A list of Pilots due for FAA medicals.

b. During the Bid process the Scheduling Committee will review the Bid Information for each Pilot, Base, and Equipment.

c. When an error or violation is found that would affect a FLiCA award, if the Company and the Scheduling Committee determine it is necessary, the Company shall reissue the affected Bid Information and may adjust the time and dates for Bidding, awarding, review, and distribution required for the correction.

7. Bidding Process

a. All times referred to in Article 6.E.7. are Headquarters time.

b. Bids shall be awarded to Pilots who are anticipated to be qualified in order of Seniority.

c. Bid Submission

(i) Bid preferences shall be electronically submitted to the Company via FLiCA.

(ii) Any Pilot who does not Bid shall be awarded a schedule in accordance with what is indicated on his default Bid preference. If any Pilot has not completed a default Bid preference, then the Pilot shall be awarded a schedule according to FLiCA.

(iii) Each Pilot shall verify the accuracy of his pre-awards, and notify the Company of any suspected errors prior to the submission of his Bid. Once the Company is notified, it will evaluate the validity of the error and determine the appropriate steps to update the Bid information accordingly.

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(iv) Bidding Timeline

1) Pilots wishing to slide their Vacation, per Article 8.B.8., must request the slide prior to 1200 on the 1st of the month prior to the Bid Period.

2) Recurrent Training Bidding information shall be posted on FLiCA no later than 0900 on the 2nd of the month prior to the Bid Period. Recurrent Training Bidding opens at this time.

3) Recurrent Training Bidding shall close at 0900 on the 7th of the month prior to the Bid Period, then

a) GDOs shall be awarded in accordance with Article 8 after the award of the Recurrent Training Bid, then

b) Individual PDO Bid Awards shall be awarded in accordance with Article 8, after the awarding of GDOs, then

c) Recurrent Training Bid Awards, GDO Awards, and PDO Awards shall be available in the Bid Information and posted as Pre-Awards on any Pilot’s Bid calendar by 1700 on the 9th of the month prior to the Bid Period. All awards shall be published, and a Reason’s Report shall be available to each Pilot who bid.

4) Bid Information shall be made available to all Pilots at each Base no later than 1200 on the 11th of the month prior to the Bid Period. Line Bidding opens at this time.

5) Each and every Pilot who bids a schedule must submit his bid by 1200 on the 14th of the month prior to the Bid Period.

6) The Initial Awards shall be posted no later than 1200 on the 17th of the month prior to the Bid Period.

7) SAP-1 begins upon posting of initial Awards and ends at 1500 on the 18th of the month prior to the Bid Period. The protest period for the Initial Awards shall run concurrently in accordance with Article 6.F.10.b.

8) SAP-2 begins at 1800 on the 18th of the month prior to the Bid Period and ends at 1700 on the 19th of the month prior to the Bid Period.

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9) Build-Up Blackout, Composite Line Construction, and Reserve Line construction begins when SAP-2 ends.

10) Final Awards shall be posted by 1700 on the 21st of the month prior to the Bid Period. Build-Up Blackout ends once FLiCA is loaded with the final schedule for the applicable month, but no later than 1200 on the 22nd of the month.

d. FLiCA shall generate, track, and provide each Pilot an email confirmation for each Bid supplied by the Pilot.

e. Build-Up Blackout

(i) The Build-Up Blackout is the time period in which the Final Awards are processed and uploaded to the system.

(ii) During this time, no Trip trades, Trip drops, or Open Time awards for the last six days of the current month and all of the following Bid Month shall be processed. All other functions in FliCA or similar software shall remain in effect. During the Build-Up Blackout, the Company and the Scheduling Committee shall meet to review the Final Award.

8. Eligibility to Bid

a. Management Pilots shall not Bid.

b. Each and every Pilot, other than Pilots in Training, who will be qualified and available for Duty during the month shall be allowed to Bid during the Bidding process and shall be awarded a schedule for that portion of the Bid Month for which he shall be available, taking into account all of the scheduled work days, credit, and Virtual Credit.

c. Each and every Pilot who will begin a known Training Event, (e.g., attending Initial, Transition, or Upgrade) during the Bid Period shall be awarded a schedule for that portion of the Bid Month before he begins training to maintain at least the minimum Days Off for that portion of the Bid Month for which he is available, in accordance with Article 23. The schedule will be constructed taking into account all Training pre-awarded, including Days Off associated with the Training.

d. Each and every Pilot who is projected to finish a Training Event (e.g., attending Initial, Transition, or Upgrade Training including the completion of OE) during the Bid Period may Bid a schedule for that portion of the Bid Month for which he is projected to be available. If he finishes earlier than projected, his Line shall be adjusted to maintain at least the minimum Days Off for that portion for which he is available, in accordance with Article 23 in the affected Bid Month. If OE is not completed within the planned footprint, the Pilot will be scheduled for an additional OE in accordance with Article 10. Once he has completed OE he shall resume his original awarded schedule.

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e. Each and every Pilot who is not expected to be available for Duty during the month (e.g., any Pilot on a Leave of Absence for the entire Bid Month or with an unknown return-to-work date, or any Pilot in Training for the entire month) shall not be awarded a schedule during the Bidding process.

f. New Hire Pilots shall be placed on the applicable Bid Eligibility List for the Bid Month in which they are projected to complete Training. New Hire Pilots shall be eligible to Bid for the remaining portion of the Bid Month in which they are projected to complete Training.

F. Line Construction – Preferential Bidding System (PBS)

1. Prior to Line construction the following rules shall be applied:

a. The Company shall apply any known absence to each applicable Pilot’s schedule. The Virtual Credit value of the known absence(s) shall be reflected in the total value of the Line for purposes of the Line building parameters according to Article 6.F.1.b.

b. The following daily Virtual Credit shall apply to absences that are known prior to the close of Bidding:

(i) Company Business 5.00 hours

(ii) Union Leave 5.00 hours

(iii) Paid Day Off (PDO) 4.50 hours

(iv) Golden Days Off (GDO) 0.00 hours

(v) Training (Initial, Upgrade, Transition, exclusive of days off during Training) 3.75 hours

(vi) Jury Duty Leave 5.00 hours

(vii) Military Leave (2-4 days 5.00 hours

(viii) Military Leave (5+days) 2.90 hours

(ix) Recurrent Training 4.50 hours

(x) All Reserve types (LCR/SCR) on Composite Lines 4.50 hours

(xi) Travel Days for Recurrent Training 4.00 hours

(xii) Company Offered Leave 3.00 hours

(xiii) Medical Leave 2.90 hours

(xiv) Workers’ Compensation 2.90 hours

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(xv) Maternity Leave 2.90 hours

(xvi) Family Medical Leave (“FMLA”) 2.90 hours

(xvii) Personal Leave 2.90 hours

(xviii) Non-pay Status 2.90 hours

(xix) Furlough 2.90 hours

(xx) Resignation 2.90 hours

(xxi) Retirement 2.90 hours

(xxii) Other 2.90 hours

(xxiii) Vacation (per week) 24 or 28 hours (at the Pilot’s election)

c. When awarded in a Line, Recurrent Training, Union Leave, or any Company Business shall not reduce any Pilot’s days off to less than the minimum as set forth in Article 23.

d. If the Union Scheduling Committee or Company discovers an error or a violation of the Agreement in the Bid Eligibility List before the Bids have been awarded, the discovering party shall notify the other as soon as practical. Prior to awarding the Bids, the Company and the Union Scheduling Committee shall determine the appropriate action to resolve any error or violation that would affect the accuracy of the FLiCA award.

2. Each and every Pilot’s schedule shall be constructed by the Company utilizing FLiCA, to the extent FLiCA is able to do so, and shall be a Hard Line, SDP Line, Composite Line, or a Reserve Line. FLiCA will determine the number of Hard Lines constructed. If FLiCA is not capable of constructing SDP Lines, Composite Lines, or Reserve Lines that comply with this Agreement, the Company will manually construct such Lines in accordance with Article 6.F. Hard Lines, SDP Lines, Composite Lines, and Reserve Lines will be awarded or assigned in accordance with this Agreement.

a. FLiCA shall construct and award the initial Hard Lines, Partial Line, and SDP Lines prior to SAP-1.

b. During SAP-2, Composite Lines may be constructed by any Pilot who wishes to add SCR days to his schedule, provided those days are in groups of at least two consecutive days.

c. After SAP-2, FLiCA will construct additional Hard Lines and Composite Lines with the remaining Open Time, and then Reserve Lines shall be constructed.

d. The Company shall, with input of the Union, construct the Reserve and Composite Lines in accordance with Article 6.F.

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3. FLiCA, in accordance with this Agreement, shall construct all Lines as follows:

a. The required average Line value will be determined by dividing the Credit Hours by the total number of available Pilots (as adjusted for known absences) less the anticipated number of Reserve Pilots.

b. The FLiCA Line Construction will initially be run with the Minimum Credit Window set at Minimum Monthly Guarantee and the Maximum Credit Window set to the highest value possible, including Buffers. If the average Line value obtained reaches or exceeds the required average Line value, the Minimum Credit Window will not be adjusted. If the average Line value obtained is below the required average Line value, the Company and the Union Scheduling Committee will first adjust the “Credit Threshold” to the maximum value, without ignoring Personal Credit Thresholds (PCT), then they will jointly adjust the Minimum Credit Window as necessary to obtain the required average Line value.

c. No less than the minimum days off in Base as provided for in Article 23. At the Company’s discretion, if a Line can be constructed that meets the minimum Day Off requirement but does not meet the SCH minimum or threshold, whichever is lower, that schedule shall be constructed as a Partial Line and awarded and considered as a Hard Line. Hard Lines shall be built so as to leave between 5% and 10% of SCH remaining after the Initial Bid Award process for use during the Schedule Adjustment Period (SAP) process. This percentage may be adjusted above or below these thresholds by mutual consent of both the Union Scheduling Committee, and the Company.

d. SAP shall run according to Article 6.G.

e. After SAP has run, FLiCA shall be re-run, using the preferences, in seniority order, of those Pilots that did not receive a Hard Line or a Partial Line, to Award as many post-SAP Hard Lines and Partial Lines as possible

f. After FLiCA has created post-SAP Hard Lines, Composite Lines shall be constructed in accordance with Article 6.F.8.

g. Reserve Lines shall be built in accordance with Article 6.F.9

4. The Company may withhold up to 5% of known flying per Equipment Type of First Officer flying reflected in the initial Bid Award that corresponds to flying awarded to OE Captains to be utilized for the purpose of conducting OE. Should OE requirements exceed this 5% limitation, the additional time required shall be obtained through Award Displacements pursuant to Article 6.L.

5. Hard Lines

a. After the Company has completed the Hard Line construction process utilizing FLiCA, Assignments shall not be added to or removed from a Hard Line except as otherwise provided for in this Agreement.

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b. Hard Line and SDP Line holders shall not be assigned Reserve days nor Out-Of-Base Trip Pairings during the Line construction process.

6. Split Duty Period (SDP) Pairings

a. A Split Duty Period is a Flight Duty Period that has a scheduled break in Duty that is less than a required Rest Period and occurs between 2200 and 0500. All other Trip Pairings that do not meet the SDP definition shall be awarded and scheduled based on applicable provisions of this Agreement.

b. An SDP Pairing shall not be scheduled for more than four legs, including Deadheads. After the Rest Opportunity, the Pilot may have no more than two legs, including Deadheads.

c. Each and every Pilot performing an SDP Pairing shall be released to Rest upon completion of that Pairing and shall not be required to be available for a non-SDP Assignment prior to 0500 LDT on the following Day.

d. Each and every Pilot who is on an SDP Pairing whose Trip Pairing is interrupted due to unforeseen circumstances (e.g., maintenance, weather, etc.) may be reassigned to Rest in order to complete his original Trip Pairing.

e. The Company will not assign back to back SDP Pairings, except within pure SDP Lines, within Composite Lines or to Pilots on Reserve.

f. Any Pilot on an SDP Line shall be scheduled Days Off in accordance with Article 23. However, said Pilot shall not be scheduled for a block of more than three consecutive SDPs. A minimum of three Days off shall follow any sequence of SDPs in an SDP Line.

g. All SDP Lines shall be published as a part of the Bid package published by the Company and shall be available to bid as a part of the bidding process (Article 6.E.7).

7. Red Eye Flights

a. The Company may schedule and Pilots may be assigned flights that meet the criteria of a Red Eye flight.

b. A Red Eye flight is any flight that is originally scheduled to be in flight between 0200 and 0400 at either the departure or arrival airport, or transits 0300 LDT.

c. The Company shall ensure the following additional requirements are met for a Red Eye flight:

(i) A Red Eye flight must be immediately preceded by legal Rest or a single flight of no more than four hours Block time and a scheduled turn time of less than 60 minutes; and,

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(ii) There must be at least 14 hours of Scheduled rest provided after the Duty Period containing a Red Eye flight;

(iii) Any Trip Pairing that contains a Red Eye flight shall contain no more than two flights, exclusive of deadheads following the Red Eye flight, in the Duty Period that contains the Red Eye flight.

8. Composite Lines

a. Composite Lines shall contain Days Off in accordance with Article 23, and may contain a combination of SDP Pairings, Trip Pairings, RAPs, and RCPs. Composite Lines may also contain Charters.

b. When building a Composite Line, the Company shall provide a Virtual Credit in accordance with Article 6.F.1.b towards the FLiCA Minimum Credit Window for any RAP or RCP placed on the Pilots schedule.

c. FLiCA shall build Composite Lines to a minimum of 57 SCH. SCH plus Reserve Day Virtual PCH must reach MMG or Target, as set for Line construction, as provided in Article 6.F.3.a.

d. RAPs or RCPs shall be added to reach MMG or new Minimum Credit Window, as provided in Article 6.F.3.b., in accordance with any Pilot’s Seniority and Reserve preferences.

(i) RAPs or RCPs shall be added to the beginning or end of sequences of four days or less of sequential awarded days, or in blocks of four days or more. When considering the days, the Company and the Scheduling Committee shall review the Pilot’s Reserve Bid, starting with the first Line Bid, and most closely award RAPs or RCPs to comply with the Reserve Sequence.

(ii) If the adjacent Trip Pairing has a start time before 1200, RAPs shall be awarded to the front of the sequence if the adjacent Trip Pairing has an end time after 1800, RAPs or RCPs shall be added to the end of the Trip Pairing. The Company may reassign the Pilot into an overnight on the last day of a Trip Pairing that has a RAP or RCP on the day following a Trip Pairing.

e. Any Pilot with a Reserve Assignment on his Composite Line may be reassigned into his next scheduled Trip Pairing. He shall not be reassigned to an Assignment that ends on the day prior to a Day Off later than his original Trip Pairing plus two hours. Reassignments under this paragraph may not exceed the limits described in Article 23. This restriction does not apply to any Pilot who voluntarily trades into a RAP or RCP.

9. Reserve Line Construction

a. Each and every eligible Pilot who is not awarded or assigned a Hard Line, SDP Line, or Composite Line shall be awarded or assigned a Reserve Line.

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b. The Company shall award at least one LCR Line for every ten Reserve Pilots on SCR system wide. The Company and the Union will agree to evaluate the ratio of LCR to SCR on an annual basis to determine if a ratio increase can be achieved.

c. Reserve Lines, when constructed, shall contain:

(i) In Base RAPs and RCPs with at least the minimum days off as provided in Article 23;

(ii) No mixing of Reserve types (i.e. LCR and SCR) within a Reserve Line; and,

(iii) No single Days Off, single RAPs, or single RCPs, except as otherwise provided for in this Agreement, or as requested by the Pilot.

d. The Company shall determine the need for Reserves, as provided for in Article 6, for each Day of the Bid Period.

e. Preferences in the Bidding for Reserve Types and RAPs shall be awarded in accordance with Seniority among Pilots per Position, Certificate, and Base.

f. For the purposes of calculating Days Off, an RCP or RAP shall be considered a Day of work. Unless mutually agreed to by the Pilot and Company, Days Off shall not be moved once awarded.

g. The Company shall create SCR RAP’s available for bidding that match the staffing needs of each Base. RAPs will have the following call out period restrictions for start times that fall within the following windows:

(i) 0200-0459 – 10 hours,

(ii) 0500-1459 – 12 hours, and shall end no later than 0159,

(iii) 1500-0159 – 10 hours.

h. Carryover Reserve

(i) Each and Every Pilot Bidding Reserve may be assigned and shall have the option to request Carryover Reserve Sequences during the bidding process. The Company shall develop and maintain a function in FLiCA to allow each and every Pilot the ability to request a Carryover Reserve Sequence for each preference on his Reserve Bid.

(ii) Carryover Reserve Sequences may be requested by any Pilot through Bidding, and shall:

1) Be limited to the maximum of four days from the Report Time on the first Day of the Reserve Sequence. The Pilot

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shall be given the option to waive this and request a 5-day or 6-Day Reserve Sequence; and,

2) For each and every Carryover day, include a Virtual Credit in accordance with Article 6.F.1.b per day for bidding purposes for the following month.

i. The Company may only assign Carryover Reserve Sequences to a maximum of 20% of the Pilots on Reserve in any particular Base, unless additional Carryover Reserve Sequences are bid for in said Base. If more than 20% of the Reserve Pilots bid for Carryover Reserve Sequences, the Company shall not award Carryover Reserve Sequences to Pilots that did not bid for Carryover Reserve Sequences.

j. Pilots shall have the ability to Trade or Swap like Reserve Sequences (e.g., LCR, SCR)

k. Pilots shall have the ability to drop or add RAPs at the Company’s discretion.

10. Review of Schedules

a. As the Line construction process for each Position, Certificate, and Base is processed, the Scheduling Committee and Company shall mutually monitor the results and promptly notify the other party of any believed contractual or FAR violations

b. After distribution of the Initial Bid Awards, including the Reasons Report, there shall be a 21-hour period for Pilots to protest the accuracy of the Initial Bid Awards to the Scheduling Committee and for the Scheduling Committee to determine the validity of any such protest(s) beginning once the Initial Awards are published. The protest period will run concurrently with SAP-1. If the Scheduling Committee and the Company mutually determine that the protest(s) is valid, the Company shall re-run the Initial Bid Awards if necessary to correct any identified errors only in the affected Bases.

(i) If the Company conducts a re-run of the Initial Bid Award for a specific Position, Certificate, and Base, the Scheduling Committee shall expedite any additional review necessary to complete the process.

(ii) If the Company conducts a re-run of the Initial Bid Award, the distribution of the Initial Bid Award may be delayed but shall be distributed promptly after completion of the re-run.

(iii) The SAP-2 window, as described in Article 6.E.7.c.iv.7), may be reduced by up to 12-hours to accommodate delays, but shall never end earlier than in Article 6.E.7.c.iv.9).

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c. Any error or violation of the Agreement in a Composite Line or Reserve Line for a Position and Base shall be corrected prior to distribution of the Final Award for that Position and Base.

d. The Scheduling Committee shall notify the Company immediately if it does not wish to review the Initial Bid Awards.

G. Schedule Adjustment Period (SAP)

1. SAP – General

The Schedule Adjustment Period (SAP) consists of two phases, SAP-1 and SAP-2, whereby each and every Pilot may modify their schedule prior to the Final Bid Award. All SAP requests shall be made on the SAP Bid Form in FLiCA. Any published unassigned Trip Pairing(s) remaining after SAP-1, SAP-2, and / or not assigned within the provisions of this Article shall be considered Open Time and be awarded in accordance with Article 6.H.

2. SAP Restrictions

a. Each and every Pilot’s Line value may not drop below MMG due to any SAP Transaction;

b. Each and every Pilot’s schedule shall not be modified so as to create a conflict with another Trip Pairing or Assignment;

c. Each and every Pilot may not adjust his schedule in the current Bid Month during SAP or the first two days of the Bid Period via FLiCA;

d. No Pilot may drop a Trip Pairing on a date(s) which touches any Holiday as defined in Article 3;

e. As a result of the SAP process, no individual Day(s) may have Open Trips exceeding a number equal to 50% of the anticipated number of Composite Line and Reserve Line Pilots who do not have a known absence (inclusive of days off), or Assignment on that day(s). The Company shall post the anticipated number of RSV and Composite Line and Reserve Pilots as adjusted for the Known Absences.

3. Participation in SAP

a. Each and every Pilot awarded a Hard Line may, but is not required to, participate in SAP-1 and/or SAP-2.

b. Any Pilot who was not an Eligible Bidder, in accordance with Article 6.E.8, and who is Senior to the most Junior Pilot awarded a Hard Line, may participate in SAP if returning from a Leave during the SAP process and if he will be current, qualified, and available for that Bid Month.

4. SAP Phase 1 (SAP-1)

a. During SAP-1, each and every Pilot who has been awarded a Hard Line prior to SAP-1 and those Pilots meeting the criteria of Article 6.G.3.b may

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bid on and be awarded Trip Trades, Trip Swaps, Trip Drops, and Trip Adds with the available Trip Pairings identified as Open Time.

b. SAP-1 Awards shall be made in Seniority order. Pilots shall be awarded Trip Trades, Trip Swaps, Trip Drops, and Trip Adds up to the maximum number of Calendar Days designated by the Pilot in his SAP Bid.

5. SAP-Phase 2 (SAP-2)

SAP-Phase 2 (SAP-2) shall process Trip Trades, Trip Swaps, Trip Drops, and Trip Adds awarded on a first-come-first-served basis according to the FLiCA server clock. Each and every Pilot may Trip Trade, Trip Swap, or Trip Add from any Base with his awarded schedule.

6. After SAP-2 is complete and the Final Bid Awards are posted, the Company shall process all remaining Open Time Pairings in accordance with Article 6.H.3.

7. The Union and the Company recognize that SAP is a new concept and, as such, will work jointly with Sabre to develop an implementation timeline that may require changes to the SAP concept be made in order to facilitate the implementation. Such changes will be made with joint concurrence of the Union and the Company. Once implemented, if after six months, the Company or the Union has reasonably determined that the SAP process has decreased the productivity of the pilot group who are participating in the process, the Company or the Union may give 30 days’ notice to the other of its intention to modify the SAP process to maintain the productivity level prior to the implementation of SAP or eliminate SAP.

H. Open Time

1. Open Time is flying that becomes available during the Bid Period including Trip Pairings, or portions thereof, dropped because of illness or injury, Vacations, Leaves of Absence, Training, charters, extra sections, other revenue Flying, or those Pairings not awarded or assigned in the Line construction process.

2. The Company shall post all Published Open Time after the Final Bid Award and shall update the posting on a real-time basis. Except as provided in Article 7.E.3.c., the posting and award or assignment of Open Time to Pilots other than Reserves shall be administered through FLiCA, or over a recorded phone line.

3. Subject to Article 6.H.6, Pilots may perform Trip Swaps, Trip Drops, and Trip Adds with Open Time. Open Time requests shall be processed on a first-come, first-served basis according to the FLiCA server clock. If a request is denied, the Pilot shall be advised of the non-approval and the reason(s) for the denial. All requests capable of automatic approval by FLiCA will be processed automatically by FLiCA. There shall be no limit on the number of requests made by any Pilot.

4. Open Time not assigned or that becomes available after the Bids are awarded, shall be picked up in the following order, provided, such Assignment shall not conflict with the FARs or any other provision of this Agreement:

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a. Awarded to a Captain or First Officer who has not completed the required consolidation, in accordance with the applicable FARs; then,

b. Awarded to any Line Holder or Reserve Pilot on his Day Off submitting a request pursuant to Article 6.H.4, unless:

(i) The request violates the FARs or any portion of this Agreement. The Company may require a Buffer when there is a potential for illegality under the FARs or this Agreement. The Company shall review the Buffer(s) with the Scheduling Committee during the regularly scheduled meetings, as provided in Article 6.C.1; or,

(ii) The request creates a conflict with an existing Trip or Assignment.

c. Available for Assignment to Reserve Pilots.

d. Assigned to a Management Pilot.

5. Open Time Incentive

a. At any time prior to the first Scheduled Report Time of an unassigned OTP, the Company may designate an OTP one of the following:

b. “Green Flagged,” and compensated as such per Article 3.

c. “Yellow Flagged,” and compensated as such per Article 3.

d. “Red Flagged,” and compensated as such per Article 3.

6. Trip Trades, Trip Swaps, and Trip Drops

a. Each and every Pilot may request and shall be granted Trip Trades of a Trip Pairing(s) or portions thereof with other Pilots provided that such trades comply with FARs and Company Buffers, and does not create additional cost to the Company (e.g. deadheads or hotels). Trip Pairings, or portions thereof, added to any Pilot’s schedule via a Trade with another Pilot shall not be considered overtime.

b. Each and every Pilot may request and may be granted Trip Swaps of a Trip Pairing(s) or portions thereof with Open Time. Trip Pairings, or portions thereof, added to any Pilot’s schedule via a Trip Swap with Open Time shall not be considered overtime unless the Trip Swap reduces the Pilot’s total Days Off for the month. In such case, only the additional day(s) flown will be subject to overtime pay.

(i) Line Holders may request and may be granted Trip Swaps from Trips on days that have low reserve coverage to Trips on days that have even lower reserve coverage, as determined by the Company.

(ii) Line Holders may not swap out of a Trip on the actual day of the Trip or for the following three days if those days have low reserve

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coverage, as determined by the Company. Line Holders may request and may be granted a swap into a Trip on the actual day of the Trip or for the following three days if those days have lower reserve coverage than the days the Line Holders seek to swap out of as determined by the Company.

c. Each and every Pilot may submit a request to the Company online through FLiCA prior to the Report Time of a Trip Pairing in order to drop a Trip Pairing.

d. Trip trades and Trip Swaps shall be submitted and administered (if capable) online through FLiCA, except that any trade request submitted less than 24 hours in advance of the Report Time must be made via telephone contact to the Company over a recorded line with all parties involved agreeing to the trade.

e. Each and every Pilot who has requested a Trip Pairing Trade, Swap, or Drop shall remain responsible for his original Trip Pairing until he has been notified that the Trip Pairing trade, swap, or drop has been approved.

f. Each and every Pilot may perform a Jetway Trade with another qualified Pilot where the trade would not create a legality issue for either Pilot or cause an operational delay (for example, due to checking legalities, reissuing paperwork etc.). The request must be made at least 25 minutes prior to the scheduled or delayed departure time of the flight. During a period of IROPS, the trip trade request must be made to the Company at least 45 minutes prior to the expected departure time unless waived by the Company. If a request is made for a Jetway Trade with less than the above notice and will not cause an operational delay, the Company may approve such request.

g. If any request for a Trip Trade, Trip Swap, Trip Drop, or Jetway Trade is denied, a reason report shall be available within 24 hours to the Pilot(s) and the Union. The reason report shall provide a narrative as to the reason for the denial,

h. Partial Trip Trades, Partial Trip Drops, and out-of-Base Trades shall be submitted online. Currently Partial Trip Trades, Partial Trip Drops, and out-of-Base Trades require approval or denial by Crew Scheduling. The Company shall not be required to assume any additional cost liability (e.g., rooms, deadheading, additional Duty, trip time, etc.) that might be associated with such Trip Trades, Trip Drops, or Trip Pick-ups of open time. The Company shall provide a reason if the Trip Trade, Trip Drop, or out-of-base trade is denied.

i. The number of Trip Trades shall not be limited.

7. Open Reserve Shifts

a. The Company may at any time offer Open Reserve Shifts, that may also be designated as Green, Yellow, and Red Flag shifts.

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b. Open Reserve Shifts shall allow any Pilot to add available SCR, or ASR Reserve Sequences to his schedule from Open Time, as available.

I. Telephone Recordings

1. All telephone conversations between Crew Scheduling, Crew Support, Dispatch, Maintenance, and the Pilots shall be recorded. Recordings shall be kept for a minimum of 30 calendar days. In the event of a dispute, a Chief Steward or designee may request that any recording(s) be kept until the dispute is settled.

2. The Pilot and/or Union may record any call with the Company or Company personnel so long as the Pilot or Union states the call is being recorded at the beginning of the call and receives no objection from the Company participant.

J. Illness or Injury

1. Any Pilot who is unable to begin or complete an Assignment, or portion thereof, because of illness or injury shall notify Crew Scheduling as soon as practicable and shall be removed from the Assignment. The Pilot shall be considered absent for the remaining duration of the applicable Trip Pairing or Assignment. If the Assignment was a Trip Pairing and the Trip Pairing has commenced, it shall normally be assigned to a Reserve Pilot.

2. Line Holders who have called in sick on a multiple-day Trip Pairing and who are subsequently able to return to flying prior to the completion of their original scheduled Trip Pairing, shall notify Crew Scheduling of their desire to return to work. If a Trip Pairing is available at his Base that begins and ends during his original Trip Pairing period, it shall be assigned to the Pilot. If no such Trip Pairing is available, the Pilot may choose one of the following options:

a. Remain on Sick for the duration of the Trip Pairing; or

b. Be placed on Reserve and be credited the PCH for each Day on Reserve, as provided in Article 3 or the value of any Trip Pairing assigned while on Reserve, whichever is greater; or

c. Accept a Trip Pairing that operates the same Days, operates similar Days, or extended beyond outside of his original Trip Pairing.

3. Any Reserve Pilot who has called in Sick and who is subsequently able to return to Duty prior to the completion of the original block of RAPs or RCPs shall notify Crew Scheduling of his desire and ability to return to work and shall be placed back on his RAP or RCP

K. Scheduling - General

1. For purposes of this Agreement, a Line Holder means any Pilot on a Trip Pairing or Duty Assignment that was not assigned to the Pilot on a Day Scheduled as Reserve as part of his Final Award as amended for Reserve Day Swaps (e.g., Trip Pairing assigned during the Initial Award, SAP, or Final Award process, any Open Time Add (OTA), Trades, Swaps, etc.) except as provided in Article 6.F.8

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D.2. Any Pilot who had any type of reserve assigned on that day is not considered a Line Holder for this Article.

2. Once a Trip is assigned and the Pilot is notified of the assignment, the Assigned Line Holder shall be afforded all protections for the Trip as if it was a Final Award on his schedule.

3. Line Holders who are Reassigned or Award Displaced from a Trip Pairing may only be reassigned to Trip Pairings that fit within the same External Footprint, plus two hours, as the Trip Pairing from which he was Reassigned or Award Displaced.

4. If two or more Pilots within the same Position are scheduled to fly and Report for the same Trip Pairing or flight, including seat (a Captain who is assigned to fly a First Officer Position is not a conflict), the Pilot who was awarded or assigned the Trip Pairing or flight as part of his monthly Bid award shall fly the Trip Pairing or flight. If the Trip Pairing was not awarded or assigned to a Line Holder as part of his monthly Bid award or the Line Holders were awarded or assigned the Trip Pairing, the more Senior Line Holder shall choose whether he wishes to fly the Trip Pairing. The Line Holder(s) not flying the Trip Pairing shall be considered Award Displaced. Any Pilot who was assigned the Trip Pairing while on Reserve shall be reassigned or released within 30 minutes of his arrival in Base.

5. The Company shall not Reassign a Line Holder to Reserve Duty, except that a Line Holder may be assigned to Reserve on any Day he was originally assigned a Reserve Sequence. If a Line Holder volunteers and accepts Reassignment to Reserve Duty, he shall be Released from Reserve no later than the Release Time of his originally scheduled Trip Pairing. If the Line Holder is given an Assignment during this RAP, he shall be scheduled to be Released in Base no later than the originally scheduled Release Time.

6. Any Line Holder who is Reassigned or Award Displaced that results in an overnight in his Base shall be provided with a hotel room should he actually require one, provided he was not originally scheduled to overnight in his Base and a hotel room is available. Any Line Holder who was originally scheduled to overnight in his base and is Reassigned or Award Displaced that results in an overnight in his base within the rest buffer, will be provided a hotel room should he require one. A Reserve Pilot will not be entitled to a hotel under this provision.

7. A Duty Period shall be considered to have terminated on the same day it commenced should it actually terminate prior to 0200 the following day.

8. Once the Company obtains approval from the FAA and implements the Multiple Operations Training Compliance Program (“MOTCP”), Equipment covered by the MOTCP that has mutual Bases on different Certificates shall be combined for Bidding and scheduling purposes.

9. Each and every Pilot may waive the entitlements and provisions in Article 6, Article 7, Article 8, Article 23, and Article 26 on an individual basis. If the Company is notifying the Pilot of an assignment or reassignment that requires a waiver, it must notify the Pilot that his consent is required. If in the actual

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performance of an assignment or reassignment a situation requiring a waiver develops, and the Company is not otherwise required to communicate with the Pilot, the Pilot’s consent shall be implied, unless he communicates otherwise to the Company.

L. Line Holder Award Displacement

1. An Award Displacement occurs when a Line Holder is Displaced from his Awarded or Assigned Trip Pairing for any of the following:

a. for the purpose of Completing Required OE for another Pilot; or

b. because of minimum experience between the Captain and First Officer being paired together; or

c. because of Age-60 Rule conflicts; or

d. as set forth in Article 6.K.4.

2. The Company will provide as much advance notice of Displacement as is reasonably possible. The Award Displaced Line Holder will be credited with the greater of the PCH for the Trip Pairing originally assigned or the Trip(s) to which he was reassigned. The Award Displaced Line Holder will be released from Duty as specified below.

a. Any Line Holder who is notified that he is Award Displaced in advance of the Report Time of his Trip Pairing shall either be reassigned within the External Footprint of his original Trip Pairing or be instructed to contact to the Company at 1700 LDT on the first day of his Original Assignment for a Reassignment. He may voluntarily contact the Company at 1700 LDT the day prior to the original Assignment. When he contacts the Company, in either case, he shall either be given an Assignment that begins and ends within the External Footprint of the original Trip Pairing or Assignment, or be released for the entire Trip Pairing or Assignment.

b. Any Line Holder, who is notified that he is Award Displaced on the first Day of his Assignment, shall be given an Assignment at the time that he is notified that he is Award Displaced or shall be released for the entire original Assignment. If given an Assignment, it will not be scheduled to end later than the originally assigned Trip Pairing without the Line Holder’s consent.

c. On subsequent days of a multi-day Trip Pairing assigned under Article 6.L.2.a or 6.L.2.b, a Line Holder will not be assigned a Trip Pairing starting earlier than 1000, unless given the Assignment two nights prior to the Assignment, without the Line Holder’s consent.

d. If there is a new Assignment on his Schedule, the Award Displaced Line Holder may self-notify for the re-assignment in accordance with Article 23. If he uses the self-notify function to accept a Trip Pairing in advance of the notification window in Article 6.L.2.a, he shall not be required to call the Company nor is the Company required to call the Pilot for notification

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of the Award Displacement. By self-notifying the Pilot has acknowledged and accepted the new Assignment.

3. The Award Displaced Line Holder will not be assigned any type of reserve without his consent.

M. Reassignment

1. For purposes of this Agreement, a Reassignment (“Reassigned”) means a change in the affected Pilot’s Awarded or Assigned Trip Pairing. The Company shall notify the affected Pilot that his Trip Pairing has been modified as soon as it becomes aware of any Reassignment that results in a later Report Time or delay, subject to Rest rules in Article 23.

2. All Reassignments shall be accomplished in accordance with Article 6. All Reassignments shall be constructed using realistic parameters including, but not limited to historic flight time, taxi time, Turn Times, known ATC delays, forecast enroute winds (if the flight release has been generated by Dispatch), as well as forecast departure, enroute and destination weather. At no time shall the original Scheduled Block Time (for pay purposes) of a flight be reduced when included as a part of any Reassignment. When constructing Reassignment Trip Pairings, the Company shall schedule time in between flights for at least 15 minutes, and at least 30 minutes prior to each and every Deadhead.

N. Involuntarily Scheduled Into a Day Off

1. Except as provided below, the Company shall return each and every Pilot to his Base before his Day Off.

2. In the event the flight returning a Pilot to his Base, or any intervening flight, on the last segment of his Trip Pairing cancels or is delayed for any reason and results in scheduling into a Day Off, the following shall apply:

a. If the Company is able to prevent an involuntary Assignment by replacing the affected Pilot on the last segment of his Trip Pairing without causing additional operational disruption, he will be Reassigned as appropriate in accordance with Article 6.N., or Released;

b. The affected Pilot shall have his next Report Time adjusted to reflect legal Rest and have his future Trips adjusted to allow for FAR legality. He shall be pay protected for all changes to his schedule that are associated with the extension into his Day Off;

c. The affected Pilot shall be paid as a RED Flag Trip for the portion of the trip that extends into his Day(s) Off or receive DOA in accordance with Article 3 until he is Released in Base; and,

d. The affected Pilot will be required to remain with the Aircraft and operate it back to his Base, Maintenance Base, or a Hub, under the following stipulations:

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(i) The return flight must have a scheduled departure time of no later than 1200 Local time the following day, or 18 hours following the cancellation, whichever is earlier (unless the flight must be adjusted later as required to accomplish legal rest).

(ii) If the departure is not accomplished, or it becomes known that it cannot be accomplished within the limitations specified in Article 6.N.2.d.i., at his option, the Pilot may:

1) Elect to be released from Duty and pay protected for the Deadheads to his Base, or

2) Be Scheduled to Deadhead on the first available flight on the codeshare he was operating to return to his Base, or

3) If allowable under the operating code share partner’s travel agreement be scheduled for a single-segment Deadhead to the codeshare partner’s Hub of his choosing and pay protected for the Deadhead(s) to his Base from that Hub per Article 6.N.2.d.ii.

(iii) If a Pilot operates the Flight to a Maintenance Base or Hub (that is not his Base), at his option, the Pilot will either:

1) Be released from Duty at that location and pay protected for the Deadhead(s) to his Base,

2) Be provided a Deadhead to his Base, or

3) If allowable under the operating code share partner’s travel agreement, be scheduled for a single-segment Deadhead to the codeshare partner’s Hub of his choosing and pay protected for the scheduled Deadhead(s) to his Base per Article 6.N.2.d.iii.2).

(iv) The Company, may, at its discretion, allow the Pilot to return to his Base or be released from Duty earlier than provided in Article 6.N.2.

3. If any Pilot returns to his Base on a scheduled Day Off, due to the application of Article 6.N., he shall be compensated per Article 6.N.2.c. or shall have his affected Days Off restored in accordance with Article 23.

O. Release from Deadheads

1. Each and every Pilot, upon his request, shall be Released from a first leg Deadhead(s) from Base and/or a last leg Deadhead(s) to Base without penalty to his compensation subject to Article 6.O.2 and 6.O.3.

2. Requests for first leg Deadhead drops shall be granted under the following conditions:

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a. The request is made with enough time for the Pilot to commute to Base under the provision of the Commuter Clause but no more than 24 hours prior to the Report Time for the scheduled first leg Deadhead;

b. The Pilot has not been Reassigned;

c. If the Pilot is flying to the Deadhead Flight’s destination, the Pilot has alternate flights that meet the Commuter Clause requirements to get him to the Destination city at least one hour prior to the Scheduled Departure time of the first flight he is scheduled to operate and the Scheduled Deadhead flight is from a Company Base to any other Company Base or is from a Company Base to a Hub city of the code share he is operating; or,

d. The Pilot is already within three hours driving distance of the destination city.

3. Requests for last leg Deadhead drops shall be granted under the following conditions:

a. The request is made no more than 24 hours prior to the departure time for the last Deadhead scheduled leg, and

b. The Pilot has not been reassigned to operate that flight.

4. If the Pilot complies with Article 6.O.2 but is delayed due to circumstances out of his control (e.g. weather, diversion, maintenance, crew cancellation, etc.) and causes a delayed departure of his scheduled flight, the event will be treated as a Commuter Clause for the affected Pilot.

P. Simulator Event Fill-in Pilot

a. Only Reserve Pilots, Pilot who volunteer, or Pilots in Training, shall be assigned to perform a Simulator Event as a Fill-in Pilot in his Status (i.e., Captain in left seat only; First Officer in right seat only). The Company shall not assign or reassign any Line Holder to a Simulator Fill In, unless requested by the Pilot. The Pilot must have completed the consolidation for his Position.

b. Pilots who are assigned as a Fill-In Pilot shall also comply with the requirements set forth in Article 10.A.11.

c. A Fill-in Pilot shall participate in any brief and required de-brief associated with the Simulator Event, but shall not be subject to any examination as part of such Assignment. The Pilot shall not be subject to checking requirements (beyond the minimum required by the FAA approved Company Training program) as part of such Assignment.

d. Fill-in Pilots, including probationary Pilots, shall not be subject to discipline or discharge solely as a result of his performance as a Fill-in Pilot. This failure shall not be considered when making any determination of employment.

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Q. The Company has allocated $500,000.00 toward technology enhancements over the term of this Agreement. In the event that such technology enhancements of this Article 6 or Article 7 exceeds this stated allocation, the Company and the Union will meet to discuss and reach agreement on a prioritization of technology enhancements.

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Article 7 Reserve Duty

A. Contact Requirements for All Reserve Pilots

1. Each and every Reserve Pilot shall be required to have a method to receive and respond to contact by the Company while on an SCR and RAP, an LCR and a RCP, or ASR.

2. Any Reserve Pilot who is commuting to Base and will be able to Report to his Base as set forth in Article 7.B, but will not be able to respond to a notification of an assignment in a timely manner for a defined period (Pilot must provide specific window of time) per Article 7.C.1.d and 7.C.2.d, shall notify the Company that he will be unable to respond to such notification. If the Pilot notifies the Company that he will not be available for contact, the Pilot shall be considered notified, and required to report within the defined call-out window.

Example: Pilot John has a RAP from 1000 LDT to 2200 LDT. He will commute from his home to his Base to arrive at 1145 LDT. He shall notify the Company in advance of his commute that he will be unable for contact during his first two hours of his RAP. When John lands in his Base, he sees that the Company has added a Trip Pairing to his schedule with a Report Time of 12:05 LDT. Pilot John will be considered notified and will be responsible for the Trip Pairing, pending his confirmation of compliance with the FARs.

3. Regardless of the Pilot’s exact response time, all call-out times in this Article are considered from the first attempted contact from the Company to the Pilot through telephonic contact, or the Self-Notification by the Pilot, whichever is first. The Pilot may, at his election, accept notification through other electronic means as listed in Article 23.

4. Once assigned a Trip Pairing and notified during or prior to any RAP, RCP, or ASR the Reserve Pilot shall not be required to be available for the portion of the RAP, RCP or ASR prior to the Report Time and shall not be subject to Article 7.C. contact requirements. He shall instead be subject to the contact rules of Article 23. At the end of the Assignment, until the start of his next RAP, RCP or ASR he shall be subject to the contact rules of Article 23 except as provided for in Article 7.B.6 and Article 7.C.2.h.

B. Reserve Duty-General

1. The Company shall make an Assignment to any Reserve Pilot as far in advance as practical. At the time the Assignment is made, it must be scheduled to commence within the Pilot’s RAP, inclusive of call out time (when the notification is made within his RAP), Report Time, and scheduled departure time.

2. No Pilot shall be required to be available for more than one RAP in any one Day unless he is assigned to a RAP or series of RAPs that span Midnight (e.g., a RAP that begins at 2000 LDT and ends at 0159 LDT, with a following scheduled RAP the same Day in which the prior RAP ends), The 30 minute callout period

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specified in Article 7.C.1.b.iii. shall not be considered a duty period for the purpose of this Article 7.B.2.

3. The Company shall not reassign any Pilot to Rest during his scheduled RAP except to allow the next RAP to start up to four hours earlier than the current Day’s RAP start time.

4. Hotel reservation information (including hotel name, phone number, and confirmation number) shall be provided to each and every Reserve Pilot via a verbal conversation with the Company, an e-mail to the Pilots’ Company e-mail, or another agreed upon method by the Pilot, prior to the Block Out time on any overnight departure leg. If the Reserve Pilot has not received his hotel reservation information for his overnight, he shall notify Crew Scheduling as soon as practicable prior to departure time. No Pilot shall hold boarding due to not having his hotel reservation information for that overnight.

5. When any Reserve Pilot is notified of an Assignment prior to his RAP or RCP, his Duty time for pay and Rest shall commence at the scheduled Report Time of the Assignment. When any Reserve Pilot is notified of an Assignment during his RAP, his Duty time for Rest calculation shall commence at the beginning of his RAP, and his Duty time for pay purposes shall commence at the Report Time of the Assignment.

6. If any Reserve Pilot’s Trip Pairing ends on the last Day of his Reserve Sequence, he shall not be reassigned beyond the limitations of Article 6.K.3.

C. Reserve Availability

1. Long Call Reserve (LCR)

a. The Reserve Contact Period for Long Call Reserve shall be from 0600 to 2230 Local Domicile Time (LDT).

b. The First Day of LCR

(i) All Assignments that are given for the first Day of an LCR Sequence, shall be on the Pilot’s schedule by 2000 LDT the Day prior to the First Day of the LCR Sequence.

(ii) Starting at 1600 LDT the Day Prior to the first Day of an LCR Sequence, the Pilot may Self Notify or contact the Company for an Assignment that has a Report Time on the first Day of a LCR Sequence.

(iii) If the Pilot does not voluntarily Self Notify prior to the first Day of his LCR Sequence, the Company may contact said Pilot for his Assignment on the first Day of the LCR Sequence between 0001 LDT and 0030 LDT. Such contact by the Company will require a call back by the Pilot within 30 minutes.

(iv) All Assignments on the First Day of LCR may not have a Report Time before 1300 LDT, unless moved to SCR per Article 7.C.1.e.

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c. Unless otherwise authorized by the Company, each and every Reserve Pilot on LCR must be able to Report for Duty no later than the specified period listed below after the initial call to his contact number or the time he self-notifies, if completed before a call from the Company. Each and every Reserve Pilot will make a reasonable effort to report for Duty earlier, if requested by the Company.

(i) If any Pilot is called or self-notifies between 0600-1400 LDT then the earliest Report Time shall be 12 hours later.

(ii) If any Pilot is called or self-notifies between 1401-1700 LDT then the earliest Report Time shall be 0500 LDT the following day.

(iii) If any Pilot is called or self-notifies between 1701-1930 LDT then the earliest Report Time shall be 0900 LDT the following day.

(iv) If any Pilot is called or self-notifies between 1931-2230 LDT then the earliest Report Time shall be 1200 LDT the following day.

d. Except as provided in Article 7.C.1.b.iii, Reserve Pilots on LCR shall respond within two hours of the initial contact from the Company.

e. Converting from LCR to SCR

(i) The Company shall not convert an LCR Day to a SCR Day in more than three scheduled Reserve Sequences in any given Month for any individual Pilot.

(ii) Reserve Pilots on LCR may be converted to an SCR. The conversion from LCR to SCR must be made on at least two Days in the Reserve Sequence and may not be followed by additional LCR Days in that Sequence.

(iii) If the Reserve Pilot has been given an Assignment, the Company may convert any remaining Days in his LCR Sequence to SCR.

(iv) Once any Reserve Pilot on LCR is given an Assignment or is moved to SCR he shall be on Rest and shall not be required to be on call for the Company until the start of the Assignment or his next RAP.

2. Short Call Reserve (SCR)

a. The RAP for SCR shall be designated in the Initial Bid Package and shall be a single continuous block of time in accordance with Article 6.F.9.g.

b. The RAP for SCR will be designated by the Company.

c. Reserve Sequences shall be scheduled in a Circadian Stable Sequence. Circadian Stable RAP’s must start within four hours of the start time of the first RAP in the Sequence and four hours from the start time from the previous Day in the Sequence, unless a later start time is required due to

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legal rest. On the last day of a RAP Sequence, the Release (RAP End) Time shall not be adjusted unless it is reduced to an earlier time, or moved in conjunction with additional days as per Article 7.C.2.i.

d. Reserve Pilots on SCR shall be subject to a two hour call out unless assigned to a Base where a shorter or longer call-out time has been mutually agreed upon by the Company and the Union. Each and every Reserve Pilot will make a reasonable effort to report for Duty earlier, if requested by the Company.

e. Except as listed in Article 7.A.2, any Pilot on SCR shall respond within 20 minutes of first contact from the Company during the entire RAP. Such time shall be included in the call out time required in Article 7.C.2.d.

f. Each and every Reserve Pilot who is assigned and notified of a Trip Pairing within a RAP, and is removed from the Assignment or upon completion of his Assignment, unless on the last day of a Reserve Sequence, shall contact Crew Scheduling within 15 minutes of block in, via phone or other Approved Contact Method to either be assigned additional Duty within 30 minutes of contact, or be released for the remainder of the Day.

g. On the last Day of a given SCR Reserve Sequence, if not given an Assignment within four hours of the end of the Pilot’s RAP, a Reserve Pilot on SCR shall automatically be released from Duty without penalty to his compensation. This Pilot may be released earlier with the concurrence of the Company.

h. Except on the first Day of an SCR Sequence, Reserve Pilots on SCR may be rescheduled from any awarded RAP to an earlier RAP if provided at least a 12 hour notice prior to the start of the new RAP.

i. Reserve Pilots on SCR may be rescheduled from an awarded RAP to a later RAP if the Pilot is provided at least a 12 hour notice prior to the start of the awarded RAP. However the last RAP of an SCR Sequence shall not have the Release time moved more than two hours later than originally awarded to the Pilot unless In such case the last RAP of an SCR Sequence may only be moved with at least one other consecutive day being moved with it.

3. Airport Standby Reserve (ASR)

a. Reserve Pilots on SCR may be assigned up to eight hours of ASR Duty, which shall run concurrently with any RAP. Once any Reserve Pilot on ASR completes an Assignment, he may be placed on an ASR for the remainder of that eight hour ASR Duty Period.

b. Any Reserve Pilot on ASR shall be paid as defined in Article 3.

c. Reserve Pilots on ASR may be required to fly a Trip Pairing that includes an overnight assignment and should be prepared to work as many Reserve Days as are left in his current SCR Sequence.

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d. Each and every Pilot on ASR shall respond within 10 minutes of first contact from the Company during the ASR assignment. Such time shall be included in the call out time required in Article 7.C.3.i.

e. Reserve Pilots shall not be required to be on ASR in an airport that is not a Large Base, Regular Base, Small Base, or Reserve Base for the Company.

f. ASR shall only be assigned at airports with a Company-designated ASR area. An ASR Lounge area shall have comfortable seating, controllable lighting, no public access and limited noise.

g. A Pilot may request ASR, which may be approved at the Company’s discretion. If any Pilot requests ASR at an airport that does not have an ASR lounge, such Pilot is waiving the requirements of Article 7.C.3.f.

h. If ASR is assigned to Reserve Pilots, the ASR Assignments shall be equitably allocated among the available Pilots on SCR in reverse Seniority order, except that no Pilot may be involuntarily assigned more than three ASR periods in any given Bid Month.

i. Reserve Pilots assigned to ASR shall ensure that they are in a location to arrive at his gate within 30 minutes of the notification by the Company. Reserve Pilots on ASR shall notify the Company if, due to an extenuating circumstance, they cannot arrive at a gate within 30 minutes.

D. Out of Base Reserve

1. Reserve Pilots may be assigned an Out of Base Reserve Assignment.

2. Reserve Pilots may voluntarily request to serve as a Reserve Pilot in any city or Base. If the Company agrees to the request in accordance with Article 7.D.3.a., the Pilot shall be considered on a Short-Term Vacancy to the city or Base for the duration or portion of his Reserve Sequence.

3. The Company shall review Out of Base Reserve Assignment requests, as they are received, prior to making an Assignment. When simultaneous requests for Out of Base Reserve Assignments are received, and if the Company chooses to make Out of Base Reserve Assignments, they shall be from the same Bases the Company plans to assign from or if the Company chooses they may allow Reserves from other Bases and they shall be made in the following order:

a. The Reserve Pilot that volunteers for a specific city and shall not require a hotel or per diem, shall be assigned Out of Base Reserve in that City that he requested; then,

b. The Reserve Pilot that volunteers for a specific city and shall require a hotel and per diem, shall be assigned Out of Base Reserve in that City that he requested; then,

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c. The Reserve Pilot that volunteers for any City and shall require a hotel and per diem, shall be assigned Out of Base Reserve in any City at the discretion of the Company; then,

d. Involuntary assignments to Reserve Pilots to any City at the discretion of the Company.

4. Except for Article 7.D.3.a, if any Reserve Pilot is assigned an Out of Base Reserve Assignment, he shall be returned to his Base on the last Day of that Reserve Sequence.

5. Out of Base Reserve Assignments shall not exceed four consecutive Days from Report for Duty to Release from Duty at his original Base without the Pilot’s consent.

6. An Out of Base Reserve Pilot shall follow the same contractual requirements as an in Base Reserve Pilot.

7. An Out of Base Reserve Pilot is subject to the contact requirements of an In Base Pilot on SCR, except that if he does not have his normal method of contact available for use, he shall notify the Company of:

a. The alternate phone number he will use; or

b. That he requires the Company to provide a means of contact while on Out of Base Reserve, such as hotel or crew room phone.

E. Reserve Utilization

1. The Bucket System

a. The Bucket System is a method of assigning OTP to Reserve Pilots by matching the Reserve Pilot’s days of availability to the days of the OTP and shall be used to assign or award OTP to any Reserve Pilot subject to the provisions of this Article.

b. Reserve Pilots shall fall into the Bucket that equates to the amount of Reserve Days remaining in said Pilot’s Reserve Sequence.

Example: One Pilot has four Days left in his available Reserve Sequence. He shall be placed into the four day “Bucket.” That Reserve Pilot shall be assigned a four-day Assignment before any Reserve Pilot that is in any other Bucket, provided that the Report Time is compatible with the RAP time.

c. If there are no Reserve Pilots available whose days of availability match the Trip Pairing to be covered, the Company will have the ability to assign the Trip Pairing at its discretion to a Reserve Pilot.

d. Reserve Pilots shall be assigned Trip Pairings (two or more pairings may be combined for a Reserve Assignment within a bucket) with the least available days left to complete the Trip Pairing for which he is legal and contractually available.

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e. If Reserve Pilots are available within the same Bucket, Assignments shall be made on the First In First Out (FIFO) system.

2. First In First Out (FIFO)

The FIFO system shall only be used to assign pairings to Reserve Pilots in the same bucket and shall be used in conjunction with the Bucket System. If there are legality issues with one or more of the Reserve Pilots, the Company may assign the OTP at its discretion.

a. Example: Multiple Reserve Pilots are in the same Bucket, the Pilot with the most time elapsed since his last Release Time shall be assigned the Trip Pairing.

b. Example: Multiple Reserve Pilots are in the same Bucket, and there are multiple pairings available, the Pilot with the most amount of time elapsed since his last Release Time shall be assigned the Pairing with the earliest Report Time.

3. Proactive Pick – Up

a. Any Reserve Pilot on LCR shall be able to pick up OTPs within said Pilot’s Base provided that the bucket in which the LCR Pilot is placed matches the OTP.

b. The Pilot may be awarded an OTP that extends before or after his LCR Sequence if he is willing to operate the entire OTP. The portion of the OTP that is picked up on the Days Off shall be considered a Day Off Assignment (DOA). The DOA portion of the Assignment cannot create a conflict with the Pilot’s following RCP or other Assignment already on the Pilot’s schedule unless approved by the Company.

c. Proactive Pick – Up requests shall be processed automatically on a first come first serve basis for in Base LCR Pilots. Proactive Pick – Ups for out of Base Pilots may require manual approval of Crew Scheduling.

d. Time Line for Proactive Pick-Up and the Company Assignments

(i) Six Days Prior to an OTP at 12:00 HQ Time Proactive Pick up Opens

(ii) Six Days Prior to an OTP at 21:00 HQ Time, the Company may begin assigning OTP’s to all Reserve Pilots.

4. Priority for Reserve Assignments

The priority for Reserve Assignments shall be made as follows subject to operational needs and in accordance with Article 7.C:

a. LCR, Proactive Pick- Up; then

b. LCR, Bucket system, FIFO; then

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c. Any LCR; then

d. SCR, in Base, Bucket system, FIFO, then

e. Any SCR.

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Article 8 Paid Days Off

A. PDO

1. Pilots will accrue monthly PDOs in accordance with the following table:

Years of Service

PDO Hours DOS

1 4.20 2 4.55 3 4.90 4 5.25 5 5.60 6 5.95 7 6.30 8 7.35 9 7.70

10+ 8.05

2. On any Day that any Pilot uses a PDO, the value shall be as follows:

a. An individual PDO used in the pre-award process shall be valued and debited at four hours for each PDO day awarded.

b. PDOs used to cover a post awarded Trip Pairing or Assignment shall be debited from the Pilot’s PDO bank and credited to the Pilot’s PCH at the value of the Trip Pairing or Assignment missed on that day, unless the Pilot submits a request to payroll to pay him four hours per day missed, in lieu of the Trip Pairing or Assignment value.

3. Pilots on any approved Leave may utilize hours from their PDO Bank up to one-half (1/2) of the MMG hours per pay period at their normal hourly rate.

4. A PDO may be used for the Pilot’s personal or immediate family illness or injuries on or off the job if not covered in Article 12.

5. Pilots must be on Active Status for at least 15 Days of each Calendar Month to accrue PDO hours for that Calendar Month.

6. At year’s end, unused PDO Sick Bank hours from the PDO Sick Bank may be carried over.

7. PDO hours will be charged for scheduled Vacation periods in accordance with Article 8.B.

8. Unused PDO hours remaining at the end of each calendar year may be:

a. Contributed to the Pilot’s 401k account to the extent permitted by law on or before January 31 of the following year, at his current rate of pay as of end of prior calendar year;

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b. Carried over to the following year up to 1.5 times the current year’s accrual;

c. Paid out to the Pilot by January 31st of the following year at his current rate of pay current as of end of prior calendar year: or

d. Placed in the Pilot’s PDO Sick Bank; or,

e. Any combination of the above.

9. All contributions and payment of PDO hours will be valued at the Pilot’s most recent rate of pay and paid directly to the Pilot, or credited into the Pilot’s PDO Bank at his election as provided in Article 8.A.10.

10. Accrued PDO hours from the Pilot’s PDO Bank may be exchanged for pay at the Pilot’s request. If a Pilot elects to be paid for PDO hours, he will be paid at his current hourly rate for each PDO exchanged. A maximum of 15 PDO hours may be exchanged each month.

11. In the event of a Pilot’s death, all PDO hours remaining in his PDO Bank will be paid to his estate, at the Pilot’s rate of pay at the time of his death.

12. In the event of a Pilot’s Retirement or Separation from the Company, PDO hours, including PDO Sick Bank hours, will be paid to the Pilot in accordance with Article 11.G.1.a.vii.

13. Any Pilot may donate PDO hours from his Bank to the PDO Bank of any other Pilot who is on Medical or Emergency Leave.

14. Subject to the review and authorization of the Employee Services Review Board prior to the transfer of PDO hours, any Pilot may donate PDOs from his PDO Bank to the PDO Bank of any other Pilot, so long as the recipient of the PDO hours has no PDO hours accrued in his bank. Such donation may only be authorized in exceptional circumstances. All transfers of PDO under this provision will be converted to the actual dollar value of the PDO at time of transfer at the rate of pay of the donor.

B. PDO for Annual Vacation

1. Annual Vacation will be bid in the following two Vacation bid periods:

a. No later than October 15th, the Company will open the first of two Vacation bidding periods, Vacation 1, covering the period beginning on the first Monday of January and continuing through the week containing the last Sunday of June. Bids for PDOs must be returned by October 31st. Pilots will be notified of their Vacation bid award by November 15th.

b. A second Vacation bidding period, Vacation 2, will begin no later than April 15th. This Vacation period will cover the period beginning on the Monday of July following Vacation 1 and continue through the week containing the last Sunday of December. Bids for PDOs must be

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returned by April 30th. Pilots will be notified of their Vacation bid award by May 15th.

2. Vacation must be bid in full week increments (i.e., seven consecutive Days, Monday through Sunday or 14 consecutive days Monday through Sunday (which will count as two periods)). The maximum weeks that can be bid in any single round is two.

3. Each and every Pilot may bid and be awarded up to a maximum of 140 hours of Vacation annually during Vacation bidding by projecting the accrual in his PDO Bank at the time the Vacation is taken. After Vacation awards are completed, each and every Pilot may trade, pick-up (up to the 140 hour maximum to the extent not previously bid in either of the two annual bid periods), or drop any Vacation week that is available, as long as he has a sufficient number of projected PDOs available to him.

4. Vacation weeks must be bid in either 24-hour or 28-hour credit increments during the annual Vacation bid. The virtual credit for a Vacation week shall be equal to the PDO hours (i.e. 24 hours or 28 hours) elected by the Pilot in Article 8.B.4.

5. The electronic bidding system used for Vacation bidding shall have no less functionality than the current system at the Date of Signing. If available at a Reasonable Cost as determined by the Company, capability will be added to “Copy” and “Cascade” bids from one bid sheet to the next, and similar capability shall be incorporated into any future electronic bidding system used for Vacation Bidding.

6. In accordance with Article 8.B.3., annual Vacation bids will be awarded in rounds in order of Seniority within Position and Certificate until all eligible Pilot Vacation bids are awarded, or all of the Company allocated Vacation weeks are awarded.

a. In order of Seniority, each Pilot will be awarded his first available choice of Vacation weeks as listed in his preferences in his highest unused Bid Sheet.

b. If no available weeks are listed in his highest unused Bid Sheet or weeks have already been awarded for his highest unused Bid Sheet, that Pilot shall not be awarded any additional Vacation for this Bid Sheet or for that round of bidding.

c. The next most Senior Pilot’s bid will be processed in accordance with Article 8.B.6.a and Article 8.B.6.b, and each subsequent more Junior Pilot’s Bid will be processed in the same manner.

d. The first round of Vacation bidding will conclude after the most Junior Pilot’s first Bid Sheet has been processed.

e. The process will run again from the most Senior Pilot who has Bid using his next highest unused Bid Sheet using the same process in Article 8.B.6.a through Article 8.B.6.d. The process will repeat using the same process for each subsequent Bid Sheet until each Pilot’s Bid has been awarded Vacation as available from each Bid Sheet used.

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7. The detailed “reasons report” or similar detailed description of how Vacation was awarded for the Pilot’s Vacation bid will be posted with that Pilot’s Vacation Bid results.

8. Vacation Slide

a. Subject to the restrictions in this Article, each and every Pilot may, at his option, move (“Slide”) the start date of his scheduled Vacation by a maximum of three Days in either direction if he notifies the Company on the appropriate electronic form no later than the close of Recurrent Training Bidding for that month or the month in which the Vacation start date is sliding into if the slide will affect an earlier month.

b. Consecutive weeks of Vacation are considered as one block for the purposes of sliding a Pilot’s Vacation and will slide together.

c. A Pilot may not slide his Vacation into a Holiday or the three days adjacent to either side of any Holiday designated in Article 3. (e.g. Christmas is December 25, a vacation can be slid up to December 21st on the front end or December 29th on the back end.)

d. Unless waived by the Company in writing, the number of overlapping Vacations that are subject to slide in any week may not exceed 50% (overlap of 25% from one week and 25% from the next week) of the total number of awarded Vacations in a Position and Certificate and Base for that week. Available Vacation Slides shall be granted by Seniority within the Position, Certificate, and Base. The Company shall not limit the number of Vacation Slides that a Pilot may request.

e. Each and every Pilot who slides his Vacation will have his pro-rate Days off adjusted after his Vacation Slide in order to accommodate Vacation Days that have slid into or out of a month.

9. For a Pilot to retain his awarded Vacation, he must have at least 24 hours in his PDO Bank (including accruals for the current month and the month in which the vacation is to be used projected at the start of the Monthly bid process for the month in which his awarded Vacation is scheduled. A Pilot who does not have at least 24 hours in his PDO Bank at the start of the Monthly Bid process for the month in which his awarded Vacation is scheduled will have his Vacation cancelled for that month.

10. Each and every Pilot with an insufficient PDO balance during Vacation bid period 1 under Article 8.B.1.a who wishes to bid Vacation in January, February, or March may “borrow” up to 24 hours to cover the Vacation. If the Pilot leaves the employment of the Company before the “borrowed” PDOs are actually accrued, the Company will deduct the remaining amount of the PDOs owed to the Company from the Pilot’s final paycheck.

11. If a Pilot fails to meet the minimum number of PDO hours required for his bid vacation in any month, any Vacation time not covered by the PDO balance will be deducted from the Pilot’s Minimum Monthly Guarantee.

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12. Except as provided through the Pilot initiated Adds, Swaps, Drops, Trades, Annual Vacation Bid Awards will not be changed except by mutual agreement between the Company and the Pilot.

13. The weekly allotment of Vacation weeks available to bid will be no more than 40% higher or lower than the annualized weekly average.

14. The annualized weekly average shall be the coming year’s projected accrual hours plus any carryover hours divided by 1352 (26 hour week multiplied by 52 weeks).

15. The annualized averaging of weekly Vacation based upon the formula set forth in Article 8.B.13 and 8.B.14 shall not cause a reduction in force.

16. Each and every Pilot who is awarded a Vacancy or Downbid in different Equipment Type after having been awarded annual Vacation must rebid his annual Vacation from remaining available Vacation periods in the awarded Equipment Type. If no weeks are listed as available, the Pilot must inform Crew Planning. Crew Planning will then add additional weeks of Vacation to meet the allotment in Article 8.C.13 and 8.C.14. Each and every Pilot being Displaced or Downgraded will keep their awarded weeks of Vacation subject to the provisions of this Article.

17. Annual Vacation periods that are vacated will be made available to other Pilots on a first-come, first-served basis until the pre-award process for that month has passed, unless during a month in which the Company has offered a Vacation Buy Back or Deferral.

18. Vacation Buy Back

a. When offered, Vacation Buy Back may not discriminate by Base.

b. Vacation Buy Back is available only to current, qualified active Pilots who are scheduled to fly or provide Check Airman duties during the month in which Vacation Buy Back is being offered.

c. Each and every Pilot participating in Vacation Buy Back may sell back any number of applicable week(s) of Vacation during the offered Buy Back Window under the following terms:

(i) The scheduled week of Vacation is removed from the Pilot’s schedule; and

(ii) The PDO hours for the scheduled week of Vacation shall be paid to the Pilot from the Pilot’s PDO Bank at 24 hours/week.

d. The Company shall offer a premium to be paid to each and every Pilot who sells his vacation in the Vacation Buy Back Program. Such premium shall be valued at the Company’s discretion.

e. The Company shall also pay Pilots who participate in the Vacation Buy Back for all flying completed during the month of the Vacation Buy Back.

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This shall be exclusive of the Vacation Buy Back premium or PDO hours paid to the Pilot.

f. Pilots participating in the Vacation Buy Back shall not be restricted from bidding for Vacation in any month that follows the month of that Vacation Buy Back, in accordance with his Seniority, if open slots are available for bid for that month and the Company has not announced a Buy-Back or Deferral for that month.

19. Vacation Deferral

a. When offered, Vacation Deferral may not discriminate by base.

b. Each and every Pilot participating in Vacation Deferral may Defer any number of week(s) of Vacation during the offered Vacation Deferral Window under the following terms:

(i) The scheduled week of Vacation is removed from the Pilot’s Schedule

(ii) No PDOs shall be deducted from the Pilot’s PDO Bank in association with Vacation Deferral, until the replacement week of PDO is actually taken; and.

(iii) The Company may offer the Pilot a financial incentive to defer his Vacation.

c. Each and every Pilot participating in the Vacation Deferral shall be offered, on a one-for-one basis, Vacation later in the year as replacement for weeks deferred through this process.

d. Pilots participating in Vacation Deferral shall not be restricted from bidding for additional Vacation in any month that has weeks available for bid that follows the months of that Vacation Deferral, unless the Company has announced a Vacation Buy Back or Deferral for that month.

C. Individual PDOs and GDO (Golden Day Off) Bidding

1. General

a. GDO periods shall not be awarded on a Holiday or the three days adjacent to any Holiday as designated in Article 3.

b. Pilots shall be allowed to bid for specific Days Off through the bidding of individual PDOs and GDO periods.

c. All individual PDO bidding under this section will utilize the PDO Bank.

d. No request for Individual PDOs under this section may be awarded if the Pilot making the request does not have sufficient PDO Credit in his PDO Bank to cover the Day(s) for which he is bidding.

2. Bidding Individual PDOs

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a. Individual PDO Bidding through FLICA shall open a minimum of 12 months before the Award Month, which shall allow selection of individual Days Off, groups of Days Off, or combinations thereof.

b. Individual PDO Bidding through FLICA shall remain open until 2359 on the last Day of the Bid Month, two months prior to the award month and be awarded first come – first served based on the submission date and time consistent with the operational needs of the Company.

c. Once a PDO is awarded, it cannot be removed without the consent of the Pilot.

3. Bidding GDO Periods

a. On November 15th of each year, each and every Pilot will be allotted two GDO periods for use in the subsequent year. Any Pilot who does not use his GDO periods in any given calendar year may roll his unused GDO periods into the subsequent year for a maximum of four GDO periods in his GDO Bank.

b. All Pilots may be awarded a maximum of three GDO periods (if accumulated in his GDO Bank) in any calendar year.

c. An awarded GDO period will be a guarantee of a specific three Days Off on the Pilot’s monthly schedule. Using a GDO period gives that Pilot his Day Off preference, in Seniority Order of all Pilots bidding a GDO period on those Days.

d. On a monthly basis, the number of pre-awarded GDO periods granted may be no more than 10% of Pilots in any one Position, Certificate, and Base to be scheduled as a GDO on any one Day.

e. GDO period bidding shall be an option prior to the Monthly Bid and will be pre-awarded prior to individual PDO bid during the Monthly Bid Process.

f. For each GDO period awarded, one GDO period shall be deducted from the Pilot’s GDO Bank.

D. Vacation/GDO Interruption Mitigation

If any Pilot is required to work into a Day Off due to a Company controllable event and such Day Off has been awarded as the start of an awarded vacation or GDO period, the Company will reimburse said Pilot for any loss of prepaid travel or vacation deposits that are documented with valid receipts up to a maximum of $500.00.

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Article 9 Seniority

A. Seniority Accrual

1. The Seniority of each and every Pilot shall commence on the Pilot’s first day of initial ground school training and shall continue to accrue thereafter during his period of service with the Company, except as otherwise provided for in this Agreement. Each and every Pilot’s Longevity shall commence concurrently with his Seniority Date and shall accrue thereafter during his active service with the Company, excluding Leaves of Absence, Furlough, or other periods as may be provided for in this Agreement. For initial pay and benefits purposes, the Pilot’s Date of Hire shall be the date he first reports for duty with the Company, which shall not be more than 30 days from his Seniority Date, except in cases where there is a delay in completing training due to the Pilot’s unavailability.

2. When two or more Pilots are placed on the Seniority List on the same date, their names shall be placed according to their age; i.e. the older Pilot shall receive the lower number, thus being more Senior. When two or more Pilots are placed on the Seniority List on the same date and have the same birth date, their relative Seniority shall be determined by the last four digits of the Pilot’s social security number. The Pilot with the higher last four digits of his social security numbers shall receive the lower Seniority number, thus being more Senior.

3. Except as otherwise provided for in this Agreement, the Seniority List shall govern each Pilot in case of promotion or demotion, filling of vacancies, his assignment or reassignment due to expansion or reduction in schedules, his retention in case of reduction in force, and his re-employment after his release due to reduction in force.

4. Once having established a Seniority Date and relative position on the Seniority List, no Pilot shall lose his Date of Hire and relative position, except as provided in this Agreement.

5. Each and every Pilot who begins new hire training will be assigned a relative seniority number which will become effective and added to the Seniority List 30 days after his Date of Hire as a Pilot. All Pilots will be afforded the provisions of Article 11, Furlough and Recall from their Date of Hire.

B. The Company will post a list of names of all Pilots, arranged in the order of Seniority. Such list will be brought up to date and shall be posted online on a monthly basis, with a copy emailed to the Union by the 5th Calendar Day of each month. The Seniority List shall be reviewed by the Union for accuracy. Since the Seniority List is a joint document, it may not be grieved by the membership, but may be protested under the provisions of this Article; however, the Pilot’s name, original Date of Hire and whether he is active or inactive are the responsibility of the Company and therefore are allowed to be grieved. The Seniority List shall be published to the Pilots in a format acceptable to the Union and contain the following fields:

1. Seniority Number

Commented [JBN1]: JBN Term “each and every” intended to mean “afforded to all pilots and not a singular pilot”, based on a prior arbitration. (Opinion and Award for grievance number 3-0607352, Orlando Base Closure, July 1, 2008)

Commented [JBN2]: In the event a Pilots name is added to the Seniority List prior to the 30 days, it is acceptable to the Union.

Commented [JBN3]: Via Comply365 or similar

Commented [JBN4]: L357 and the Company shall cooperatively define the formatting of the document and the delivery in multiple file type(s) such as CSV, PDF, XLS, etc.

Commented [JBN5]: The intent of this language is to ensure that the Company does publish all of the data fields at all times. The component that is not grievable is the fact that the data becomes stale the moment it is published, not the fact that the data needs to be published.

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2. Last Name

3. First Name

4. Suffix

5. Status

6. Certificate

7. Equipment

8. Base

9. Number in Base

10. Total Number of Pilots in respective Base in Status

11. Current Employee Number

12. Original Date of Hire (DOH)

13. Number of More Senior First Officers (in each aircraft type)

14. Number of More Senior Pilots who are Junior to Most Junior Captain (Junior Captain in each aircraft type)

15. Leave of Absence status (Yes or No)

16. Furlough status (Yes or No)

17. COLA status (Yes or No)

18. Estimated return from leave date

19. Comments

C. Protest of Seniority List

1. Each and every Pilot will have 60 Calendar Days after the posting of the Seniority List to protest any omission or incorrect posting affecting his Seniority or position on the posted list. As long as the protest is filed within the 60 Calendar Days, the Company shall make the Pilot whole. After the 60 Calendar Days, the errors shall be corrected, but only prospective in effect.

2. Each and every Pilot who is on vacation, leave of absence, or furlough at the time of posting of the Seniority List may file a protest within 60 Calendar Days of his return to active duty. As long as the Pilot files the protest within 60 Calendar Days of the posted error, the Company shall make the Pilot whole. After the 60 Calendar Days, the errors shall be corrected, but only prospective in effect.

Commented [JBN6]: L357 agrees to review these data fields with the Company to ensure that no protected information is being shared in an inappropriate manner.

Commented [JBN7]: If the Company becomes aware of any errors, whether independently or due to protest, the Company will fix all associated errors, not just the error for the person who filed the protest (e.g. If number 8 in class was accidentally placed as 3 and number 4 files a protest, number 8 will be moved back to number 8 without protest from 5, 6, or 7).

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3. All protests to the Seniority List shall be made in writing to the Vice President of Labor Relations. The Company shall investigate the protest and shall respond to the Pilot, in writing, within 15 Calendar Days.

4. All corrections to errors on the Seniority List shall be published on the next Seniority List.

D. Each and every Pilot whose employment is terminated with the Company shall be removed from the Seniority List. Such circumstances include, but are not limited to, resignation, discharge for cause, retirement, failure to return to active service following a furlough or leave of absence, or other reasons provided for in this Agreement.

E. The Company is encouraged to negotiate flow through agreements with the Company’s airline partners or other airlines. When negotiating agreements, every attempt shall be made to negotiate flow through agreements that are at least as advantageous as existing agreements (if applicable) between the airline partners and other fee for departure carriers. Such agreements shall be subject to ratification by the Pilots; however, agreements that solely benefit all Pilots without provisions for “reverse flow” or “flow back” from the airline partner, and which are equally beneficial to all Pilots (with preference only given for Seniority) on the Seniority List, shall not require ratification by the Pilots and may be approved by the Union. Such agreements shall not provide more advantageous terms to new-hire, pre-hire, or prospective Pilots than is provided to Pilots already employed by the Company.

Commented [JBN8]: An example where a vote was required includes the American Eagle / American Airlines flow agreement (cir. 1996). An example of where a vote would not be required is the agreement in place between Jet Blue and Cape Air (only flow up).

Commented [JBN9]: This prohibits the “Endeavor-to-Delta Pilot Hiring Program & Commitment” (circa 2014) or any similarly styled agreement, where not all Pilots or pilots are afforded the same benefit.

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Article 10 Training

A. General

1. Except as otherwise explicitly provided for in this Agreement, once any Pilot is employed by the Company, all Training by or for the benefit of the Company shall be at Company expense. Ground School, Simulator Training, Flight Training, Training facilities, aids, written or printed materials, and equipment utilized for any required Training will be provided at no cost to the Pilot.

2. Accommodations

a. The Company shall provide single occupancy hotels to each and every Pilot, including New Hire Pilots, during all Training.

b. If the hotel room is not needed, the Pilot shall notify the Company. If the Pilot determines he requires a hotel room after having notified the Company he did not, he may request and shall be provided the room he would have been entitled to, if a hotel room is available.

3. Training Records

a. Each and every Pilot will have access to his Training Records during normal Headquarters’ business hours. Each and every Pilot will be furnished a copy of all of his Training Records within five business days of the original request.

b. Each and every Pilot may file a written objection to any portion of his Training Record to the Director of Training. The objection will be placed in the Pilot’s personnel file. The affected Pilot alone reserves the right to remove any such objections from his personnel file at any time.

4. With the exception of Ground School, the Company will endeavor to have Pilots retain the same Instructor throughout each segment of Training.

a. With the exception of Ground School, each Pilot may be assigned a new Instructor or Check Airman, upon request.

b. Each and every Pilot who does not successfully complete a Checking Event shall be granted a change of Check Airman for his re-check, upon request.

c. Each and every Pilot who does not successfully complete his first attempt at a Type Ride, shall be granted a change of Check Airman or evaluator for his re-check, upon request. If availability allows, the change will not delay any Checking Event or other Training Event(s).

5. Electronic Recording of Training

a. Upon his request, any video and / or audio recording of Pilot performance in a Simulator, Flight Training Device (FTD), or Aircraft Training session

Commented [JBN1]: Joint Bargaining Note: if the hotel is now sold out or rooms are not available the Company would not be required to acquire him a room.

Commented [JBN2]: Joint Bargaining Note: The Company needs to keep record of removal by the Pilot.

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will be shown to the Pilot(s) upon completion of the Pilots’ Training session and then erased in the Pilot’s presence.

b. Time spent reviewing such recordings(s), if not part of a normal debrief, will not be considered Duty or count toward any time limit contained in this Agreement. Pilots shall not be unduly delayed to review such recordings. Such time will not be additionally compensated.

c. Recordings shall only be made for the purpose of Training the Pilot in the Simulator or FTD and shall only be allowed with both the knowledge and agreement of the Pilot(s) prior to beginning the Training or Checking Event.

d. Recordings shall only be used for educational purposes and cannot be used for evaluation, enforcement, or discipline.

6. To the extent practicable, the Company will continue to use full motion Flight Simulators or FTD specific to the Equipment and Company specific configuration, to train on normal, abnormal, and emergency procedures.

7. If Aircraft are to be used for any Training purposes, no more than two Pilots will be scheduled for Flight Training in the same aircraft at the same time. This restriction may be waived with the consent of all Pilots involved.

8. Unless required by the FAA, no Pilot will be required to perform any Higher Qualifications Recommended flights in an Aircraft.

9. Unless required by the FAA, Simulators will not be programmed for unrecoverable or experimental maneuvers during any Checking Event (e.g. Proficiency Check, Line Oriented Evaluation (LOE), etc.).

10. Unless required by the FAA, Pilots will not be evaluated on or required to demonstrate proficiency in simultaneous multiple emergencies or equipment failures in unrelated Aircraft systems.

11. Persons authorized by the Company, qualified in the applicable, Position, and Certificate, may serve as a Seat Fill during any Training or Checking Event. This is subject to the following:

a. No Instructor or Company Check Airman will serve as a Seat Fill in a Simulator while performing his respective duties, except in cases of landing currency.

b. Should any Instructor or Check Airman be assigned to be the Seat Fill, the Pilot being evaluated may request any Union Pilot acceptable to the Company, to serve as the Seat Fill, if available and the change will not delay the Checking Event or other Training Event(s).

c. No Pilot shall be required to perform as a Seat Fill more than three simulator sessions in any twelve calendar month period.

Commented [JBN3]: Joint Bargaining Note: e.g. the Simulator or FTD should have a similar or same switch methodology as the Aircraft on line, etc.

Commented [JBN4]: Joint Bargaining Note: Meaning a 4-hour simulator. Warn-up and check count as one if done on the same day within same 4-hour block. Two checks would not be acceptable.

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d. Each and every Pilot being evaluated may waive the Seat Fill stipulation contained herein.

12. Each and every Pilot may have present a representative of the Union that is acceptable to the Company and the Pilot, during any phase of his Training and Checking Events. The request for the Union representative’s presence must be made at least 24 hours in advance of the event and will not unduly delay the Training or Checking Event, or cause the Company to incur additional cost. If all parties involved can agree to a swap of Simulator time the Training or Checking Event may take place within a reasonable amount of time.

13. Prior Failures

a. When any Pilot who has prior Training failures successfully completes an Upgrade program, his prior failures shall no longer be counted against him for purposes of the number of events that a Pilot is entitled to for future Training in accordance with Article 10.H.1.b.

b. Once any Pilot who has prior Training failures successfully completes Transition Training from one Equipment Type to another Equipment Type in the same Status, prior failures shall no longer be counted against him for purposes of the number of events that a Pilot is entitled to for future Training, in accordance with Article 10.H.1.b.

14. No Pilot shall be required to maintain qualification on more than one Equipment Type. Aircraft that share a common type rating Check ride are considered a single Equipment Type.

B. Training Standards

1. The Company will have a Training Program for each Equipment Type, including differences for each sub-type, in accordance with the applicable Federal Aviation Regulations, for the Training requirements for Pilots.

2. The Company and the Union shall meet upon request, but no less than on an annual basis, to confer on Training Programs and Training Materials. All Training Materials used in Training Programs will be made available to the Training Committee.

a. Any material changes in Training Programs or materials will be brought to the attention of the Training Committee.

b. The Company will consider a written recommendation of the Training Committee regarding the content of Training Programs. The Company shall not unreasonably reject the recommendations of the Training Committee.

c. Prior to beginning a new Training Program, the Company shall notify the Union. Upon request, the Company shall not begin using a new Training Program until such time as the Company has met with the Union and provided an opportunity for the Union to review the Training Program and

Commented [JBN5]: Joint Bargaining Note: Unduly delayed would be considered a delay that causes the Company to lose a Simulator slot.

Commented [JBN6]: Joint Bargaining Note: Applies to Training related to flight operations, not related items.

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provide feedback. The Union shall not unduly delay providing feedback to the Company.

3. Checking Events will be based on criteria contained in the Company’s FAA approved Training Programs. The grading system used will be in accordance with the Company’s FAA approved Training Program and will reflect whether the Pilot has met or has not met the qualifications. Effort shall be made to keep Instructors and Check Airmen consistent on the application of grading criteria.

4. An incomplete evaluation caused by illness of the Pilot, unavailability of the Instructor or Check Airman, malfunction of the Simulator, facility problem, or other similar events will not be considered a failure.

5. Nothing herein is intended to limit an Instructor or Check Airman from exercising his professional judgment regarding Pilot proficiency.

C. Training Program Objectives

1. The purpose of this Article is to enhance each and every Pilot’s ability to complete Training successfully and to continue employment as a Pilot while maintaining safety of operations as the primary objective. To that end, each and every Pilot shall receive Training sufficient to successfully complete the course of Training, as per the Company’s approved Training Program and this Agreement.

2. The Company may discontinue Training only when two Instructors or Check Airmen have independently evaluated the Pilot and determined that the Pilot is unable to complete Training successfully in accordance with the Company’s Training Program, unless additional Training is recommended by the Training Review Board (TRB).

3. Discontinuation of Training for any reason other than illness, personal emergencies, Voluntary Separation, or approved Leaves of Absence shall be considered a failure under this Article and will be counted as a failure on the Pilot’s Training Record. With written approval of the Director of Training, voluntary withdrawal from Training for reasons other than performance will not be counted as a failure for Pilots Records Improvement Act (“PRIA”) purposes.

4. Nothing in this Agreement shall be construed to restrict the Company’s ability to offer additional Training.

D. Notice of Training

1. Notices

a. For all Training the Company shall provide each and every Pilot attending Training electronic notices in their Company e-mail or other Union approved electronic mechanism, that contain the following information:

(i) Location of the Training center,

(ii) The scheduled Training start date,

Commented [JBN7]: Joint Bargaining Note: This is meant to include leaving the Company, Leave of Absence, withdrawal because of self-evaluation (i.e. not positioned to upgrade).

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(iii) The anticipated class schedule and any location changes,

(iv) The projected Training end date,

(v) The name of the Pilot’s Company contact while at each Training Facility. Instructor, or Check Airman for each segment of Training will be provided once they are scheduled, and

(vi) The Hotel information for Training including:

1) Hotel Name,

2) Hotel address,

3) Hotel phone number,

4) General Ground transportation information for the hotel (e.g., pick-up location, frequency of the transportation, special instructions, etc.), and

5) Confirmation number for the reservation(s), if available.

b. For all Training, the Company shall provide each and every Pilot attending Training notices of his confirmed travel in their Company e-mail account that contain the following information:

(i) Travel dates for Training,

(ii) The Airline and flights booked for travel,

(iii) The confirmation number(s) for each portion of the travel provided by the Company,

(iv) The confirmation number(s) for hotels that are required for training (if not already provided), and

(v) Information on any of the ground transportation organized by the Company in addition to, or in lieu of airline travel including but not limited to the vendor, pick-up location, drop-off location, etc.

2. Initial, Upgrade, and Transition Training

a. Each and every Pilot assigned to Training will be notified of the specific information related to the event at least five calendar days prior to commencement of Training, unless the Pilot waives such notice.

b. The Company may reschedule a Pilot Training event when operationally necessary for reasons beyond the control of the Company in accordance with 10.E.5 at any time. The Pilot shall not suffer a loss of days off due to a schedule change by the Company.

3. Recurrent and Requalification Training

Commented [JBN8]: Joint Bargaining Note: A change in instructor due to last minute conflicts won’t require a 5 day advance notice.

10-6

a. The Company will provide notice in the applicable bid package, in accordance with Article 6, which Pilots’ required Training is due. The Company will provide notice in the bid package of the assigned date(s), locations, types, start times, and end times of recurrent Ground School, or similarly named recurrent ground Training program.

b. In addition to the notice of their monthly scheduled bid award, the Company will provide each and every Pilot with notice of his scheduled required Training no less than five calendar days in advance of the commencement of Training in accordance with Article 10.D.1.b. The Company shall provide each and every Pilot with a travel notice within five calendar days of the scheduled travel date in accordance with 10.D.1.b.

4. All notices of Training will be posted in advance of the Training dates on the Company memo system and in accordance with Article 10.D.1.

E. Training Schedules

1. The Company shall publish notices of all required Training and any associated available schedules with a list of Pilots requiring such Training in the applicable bid package for that Bid Period. Pilots who require Training that is scheduled shall bid for their preference and be awarded available Training periods in accordance with Article 6.

2. Each and every Pilot in his Late Grace Month for Training shall be assigned to Training. Training dates shall be awarded in accordance with Seniority as bid.

3. Each and every Pilot in their Base Month shall be awarded Training in Seniority order up to the number of available Training slots after all Late Grace Pilots have been accounted for.

4. Each and every Pilot in his Early Grace Month shall be awarded Training in Seniority order up to the remaining Training Slots. A Pilot who is in his Early Grace Month may bid to “pass” and will not be assigned Training unless there are no Junior Pilots to him available to fill the Training slots remaining that month.

5. Rescheduling Training

a. In the case where a Recurrent Training or Checking Event needs to be rescheduled to an earlier date, the Company shall provide Pilots with at least a seven calendar day notice.

b. In the case where the start of Initial, Transition, or Upgrade Training needs to be rescheduled to an earlier date, the Company shall provide Pilots with at least a seven calendar day notice.

c. Training may be rescheduled for reasons beyond the control of the Company subject to the following provisions:

(i) No Pilot shall suffer any loss in pay as a result of having any Training period rescheduled. This includes any reschedule where

10-7

the Pilot is no longer qualified due to the reschedule. The Pilot shall not be pay protected if the reschedule is caused exclusively by the Pilot.

(ii) If the rescheduled Training conflicts with scheduled day(s) off, his Training may only be rescheduled to occur on those day(s) off with the expressed consent of the Pilot. If this occurs, his originally scheduled Training period will become days off. In no event will the reschedule result in lost day(s) off for any such Pilot.

d. If Training is rescheduled because of a lack of Training resources (e.g. Check Airmen, Instructors, facilities, or similar resources), travel, or scheduling errors made by the Company, the reschedule shall be made in accordance with Article 10.E.5.c.ii. If the Pilot is rescheduled to complete the Training on a Day Off he will be paid for the rescheduled event as in accordance with Article 3, Compensation and Article 6, Scheduling.

F. Scheduling of Training, Rest Periods, and Days Off

1. Scheduling of Training

a. All Ground School and similar Training will be scheduled for no more than eight classroom hours per day, exclusive of breaks. If the Training Curriculum requires an extra day of less than four hours, that time may be prorated over the period of the Ground School.

b. The Company will use reasonable efforts not to schedule Simulator or flight Training between 01:00 and 05:00. No Checking Event in a Simulator shall be scheduled to begin after 22:00 and no Checking Event in a Simulator shall begin after 23:00.

c. Except for OE, Pilots in Training shall not be required to remain on Duty for more than 12 consecutive hours. Duty may be extended to 14 hours to return the Pilot to Base. Travel to and from a city outside of the Contiguous United States is exempt from this limitation.

d. Holidays for Initial, Upgrade, and Transition Training

(i) The Company shall not schedule Training, other than OE and In-Aircraft Checking Events on Thanksgiving, December 25, or January 1.

(ii) The Company shall not schedule Training, other than OE and In-Aircraft Checking Events later than 14:00 on the day before: Thanksgiving, December 25, or January 1. In an effort to complete the training segment the Pilot and Company may agree to go beyond 14:00 but no later than 20:00.

(iii) The Company shall not schedule Training, other than OE and In-Aircraft Checking Events to begin prior to 13:00 the day after: Thanksgiving, December 25, or January 1.

Commented [JBN9]: Joint Bargaining Note: If the Pilot is in Late Grace due to any factor, not caused by the Pilot, he shall be protected for one sick/commute/etc. If he caused himself to be in Late Grace through sick/commute/etc., he shall lose his protection if he misses that event.

Commented [JBN10]: Joint Bargaining Note: This means to complete a course (e.g. the last Simulator Session, the last day of Ground School, etc.

10-8

(iv) The Company will attempt to have any travel to return any Pilot to his Base from a Training or Checking Event scheduled be completed by 17:00 Local Base Time on the day before Thanksgiving, December 25, or January 1. Travel to return a Pilot to Training from his Base will not be scheduled to commence prior to 09:00 Local Base Time on the day after Thanksgiving, December 25, or January 1.

2. Rest Periods

a. Pilots who are attending any Ground School or a Graphic Flight Simulator (GFS) shall be provided at least ten hours of rest prior to each Duty Period containing a Ground School session or travel/Ground School.

b. Pilots who are attending any Simulator Event shall be scheduled at least 12 hours of rest prior to each Duty Period containing a Simulator Event or travel/Simulator Event and receive no less than 10 hours of actual rest. If, upon completion of the Training or Checking Event, except for In-Aircraft Checking Events, the Company is unable to return the Pilot to his Base within the Duty limitations set forth in this Article, the Pilot will be provided a rest period of at least 12 hours.

c. All Pilots shall be awarded a circadian stable schedule for Simulator Training, whereas only one change between the following windows is allowed over the complete Training cycle, except no Pilot may be required to switch between a morning and evening or evening and morning schedule without a 48 hour Rest Period between the two conflicting events:

(i) Morning Windows shall start 05:00-14:00

(ii) Midday Windows shall start 10:00-19:00

(iii) Evening Windows shall start 14:00-01:00

3. Days Off

a. Prior to and After Initial, Upgrade, and Transition Training:

(i) Each and every Pilot assigned to Initial, Upgrade, or Transition, Training shall have a minimum of two Calendar days Free from Duty at their Base immediately prior to the commencement of, or travel to, Training.

(ii) Each and every Pilot in Training will receive five days off at the end of Training prior to beginning OE. If moving days off are required by other Articles in this agreement, moving days may, if coincident with the actual move, run concurrent with this provision.

b. During Training:

Commented [JBN11]: Joint Bargaining Note: These are windows for Simulator session start times.

Commented [JBN12]: Joint Bargaining Note: Intent is to not stack days off.

10-9

(i) Scheduled days off will be published in the Training schedule for each and every Pilot in Training for Ground School up through Systems, with a projected Simulator timeframe. Each and every Pilot will be provided his specific Simulator schedule no later than the last day of Basic Indoc or start of Systems if Basic Indoc is not required.

(ii) Each and every Pilot in Ground Training or re-Training will be provided at least 66 consecutive hours Free From Duty in every rolling seven consecutive day period.

(iii) No Pilot shall be required to perform any non-Training related Duty or Trip Pairing while he is assigned to Training. No Pilot shall be required to operate flights either to or from any Training event, except as required of OE.

c. During the Simulator portion of Training, the Pilot will be afforded one break of no less than 40 hours Free from Duty each, which may be waived with the concurrence of all impacted Pilots on an individual and non-precedent setting basis. There shall be at least two Simulator sessions before and after the required 40 hour break

4. Pilots shall not be scheduled for any Training during their awarded Vacation except if they have bid for Initial, Upgrade, or Transition Training. However, Pilots scheduled to begin an Initial, Upgrade, or Transition Training may request a deferral to the next class and if agreed to by the Company may delay their start of Training to keep their Vacation. Said Pilots shall be placed in the next available Training class following their vacation and have any associated pay adjustment made as if they were originally scheduled in the later class.

G. Training Programs

1. Initial, Upgrade, and Transition Training

a. Each and every Pilot assigned to Initial, Upgrade, or Transition Training will be removed from Line Flying for Training required in accordance with the Company Training Curriculum including, but not limited to, Ground School, Simulator, and OE. Pilots shall not be considered completed with Training until such time as they are authorized to operate an Aircraft without a Check Airman or similar Instructor onboard the Aircraft.

b. The minimum requirements for a First Officer Upgrade to Captain are:

(i) ATP Certificate,

(ii) 2,500 hours total pilot time,

(iii) 500 hours multi-engine, and

(iv) 1,000 SIC in a Part 121 operation.

Commented [JBN13]: Joint Bargaining Note: All things being equal, two Pilots shall be allowed to trade simulator slots to accommodate a Pilots request.

Commented [JBN14]: Joint Bargaining Note: OE is completed during line flying.

10-10

c. The Company shall meet, confer, and reach a mutual agreement with the Union before waiving any of the requirements in Article 10.G.1.b. Waiving said requirements shall be on a non-discriminatory basis and shall apply to each and every Pilot covered by this Agreement. The waiving of such requirements shall be accomplished subject to the Seniority provisions of this Agreement.

d. Unless there are no qualified Pilots on the Seniority List who have bid for the Position, the Company may not hire a Captain directly who has not been first employed as a First Officer with the Company.

e. Before progressing to Flight Training, each and every Pilot must successfully pass all Ground Training, Oral evaluations. Upon mutual agreement of the Pilot and the Company, said Pilot may begin Flight Training prior to completing his Oral evaluation.

2. Recurrent Training and Checking Events in Aircraft

a. The Company shall provide Recurrent Training as outlined in the Company’s FAA approved Training Program applicable to the specific Aircraft and Category. Pilots shall participate in all required Training and Checking Events as outlined in the Training Curriculum. Such Checking Events shall be administered by an FAA authorized Check Airman or FAA examiner, as required.

b. A First Officer may be given an in-Aircraft Checking Event at the same time as the Captain with whom he is paired, as required by the Company Training Curriculum.

c. If the Pilot is not provided a Training session in a Simulator the day prior to being given a Checking Event in a Simulator, the Pilot may fly a profile. The purpose of this profile is to let the Instructor and the Pilot evaluate his/her ability to adjust to the characteristics of the Simulator. If it is determined by mutual agreement that more time is needed prior to performing the Checking Event, the Pilot may take up to two hours, including time required to fly the profile, to become better familiar with the Simulator.

3. Requalification and Recency of Experience Training

a. Each and every Pilot who loses qualification as a result of an approved Leave of Absence will be provided the requalification Training required to regain qualification as set forth in the Company’s FAA approved Training Curriculum and paid in accordance with Article 12.

b. Pilots who lose currency as required by the FARs will be provided the recency of experience Training required to regain currency as set forth in the Company’s FAA approved Training Curriculum.

c. Pilots who have been on an approved Leave of Absence or have lost currency for between eight and 12 months shall be afforded an additional Simulator session for Training if requested by the Pilot.

10-11

H. Failure to Qualify

1. Initial, Upgrade or Transition Failures

a. Each and every Pilot shall be provided the following attempts to complete their first opportunity at Initial, Upgrade, or Transition Training while participating in a Training Program:

(i) Each and every Pilot who does not successfully complete an Oral Examination administered in connection with the Checking Event will be provided with additional Training and a second Oral Examination. The second Oral Examination will not occur on the same day as the first Oral Examination unless the Pilot, and the Company agree otherwise.

(ii) Each and every Pilot who does not successfully complete any portion of a Checking Event, other than the Oral Examination, will be provided additional Training as appropriate, followed by a second Checking Event.

(iii) At each and every affected Pilot’s request, the second Checking Event may be monitored by the FAA, if available, or a representative of the Union. Such requests shall not unreasonably delay the Checking Event. Said Pilot may defer the beginning of the additional Simulator Training until after an intervening rest period of a minimum of 14-hours from the conclusion of the failed Checking Event.

b. Each and every Pilot who does not successfully complete his second consecutive attempt at a Checking Event during his first opportunity at Initial, Upgrade, or Transition Training as provided in this subsection, will be returned to his former Position and Certificate, provided he can successfully complete the re-qualification check for that Equipment. If, after a second opportunity, he does not successfully complete the Checking Event for his former Position, he may be discharged.

(i) Each and every Captain who does not successfully complete Training and cannot return to his former Position and Certificate because it is no longer available, will be downgraded to First Officer in the Equipment to which he was attempting to transition provided he can successfully complete the First Officer Checking Event for that Equipment.

(ii) Each and every First Officer who does not successfully complete Initial, Upgrade, or Transition Training and cannot return to his former Position because it is no longer available shall be trained on the Position that is available or may be discharged.

(iii) Each and every Pilot will be given two attempts, following the required Training, to be recommended or to successfully complete his Checking Event. If this is his second attempt each and every Pilot who does not successfully complete the Checking Event or is

Commented [JBN15]: Joint Bargaining Note: This would be limited to non-aircraft Checking Events.

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not recommended for the second Checking Event may be discharged.

c. Each and every Pilot who fails to qualify on his first opportunity for Upgrade, Transition, or Initial Training and his previous Position and Certificate is available and he can re-qualify for it as provided in this subsection will not be eligible to be awarded another Position requiring Initial, Upgrade, or Transition Training (a future Effective Date) for six Bid Months from the end of the calendar month containing the failure.

2. Recurrent Training, Requalification, and In Aircraft Checking Event Failures

a. Each and every Pilot who does not successfully complete recurrent Ground School shall be provided additional Training and given a second attempt at completing the Ground School.

b. Each and every Pilot who does not successfully complete an Oral Examination administered in connection with a Recurrent or Requalification Checking Event will be provided additional Training and a second Oral Examination. A second Oral Examination will not occur on the same day as the first Oral Examination unless the Pilot and the Company agree otherwise.

c. Each and every Pilot who does not successfully complete any portion of a Recurrent or Requalification Checking Event, or In Aircraft Checking Event, other than the Oral Examination, will be provided additional Training as appropriate, followed by a second Checking Event.

d. Unless the TRB recommends otherwise, a Captain who does not successfully complete any portion of Recurrent or Requalification Training on his second consecutive attempt will be downgraded for six bid periods to the position of First Officer in the same Equipment and Base, provided he successfully completes the First Officer Checking Event in that Equipment.

(i) The six bid period downgrade will begin upon the start of the first Bid Period immediately following successful completion of the First Officer Checking Event. If, after a second attempt, he does not successfully complete a First Officer Checking Event, he may be discharged.

(ii) Upon completion of the six bid periods, said Pilot will be eligible to attend Training in accordance with the Company Training manual, in the next available Training class, to re-qualify as a Captain on the same Equipment. The Pilot must notify Crew Planning of his desire to attend training.

(iii) Upon successful completion of the required Training and Checking Event, said Pilot will be given any necessary OE, as determined by the Company or the FAA, and returned to his previous Position.

10-13

(iv) If said Pilot does not successfully re-qualify as a Captain in conformity with Article 10.H.2.d.(i) and Article 10.H.2.d.(ii), after review, the TRB may make a recommendation to the Director of Operations. The Director of Operations will make the final determination if the Pilot should be discharged.

e. Unless the TRB recommends otherwise, a First Officer who does not successfully complete Recurrent or Requalification Training on his second sequential attempt may be discharged.

I. Travel To and From Training Away From Base

1. Air Travel to and from Training shall be scheduled as “Positive Space Must Ride” or “Crew Movement”, if available, under applicable code share partner policy over the most direct route possible. All travel for Training shall be paid in accordance with Article 3.

a. Travel will be set up as required by the Training Bid result to get the Pilot from his Base to attend Training and returned back to his Base, as required by Articles 6, 10 and 23. Any change to travel must be coordinated with the Training Department to ensure proper adjustments and cancellation of Deadheads required by the Pilot’s travel arrangements.

b. The Company is solely responsible for arranging scheduled travel for any Pilot attending a Training event. The Pilot may choose to waive the travel to Training at any time on a once-off, non-precedent setting basis. If the Pilot chooses not to take the scheduled travel he must notify the Company. If the Pilot waives the travel to Training, he shall be paid for the original Block Time scheduled for the travel. The Pilot shall notify the Company if he chooses to waive the travel to Training in advance.

c. In the event of a travel disruption where the Pilot is on Company scheduled travel, the Pilot shall not be responsible for any delay in arriving to Training. The Company shall provide overnight accommodations to any Pilot who, while in transit on Company provided travel, has his travel interrupted and cannot reach the intended destination. The Company shall ensure that personnel with the appropriate authority to coordinate the accommodation and adjust schedules, are available at all times where Pilots are in transit for Training, including during unscheduled delays.

2. Drive to Training Option

a. The Company may offer a drive to Training option to all Pilots in lieu of air travel for travel distances by vehicle of 150 miles or less. The offer and acceptance of driving to training will be done during the Training Bidding process and travel days will be adjusted appropriately. The Pilot’s choices will be;

(i) To have the Company book normal air travel as appropriately required from his Base,

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(ii) To elect to drive his personal vehicle and be reimbursed actual mileage expenses up to 150 miles each way, pursuant to Article 4 of the Agreement;

(iii) If offered by the Company, at its expense, the option of a rental vehicle for Pilots who are traveling from the same city or Base, up to a maximum of three Pilots per sedan or two Pilots per bench seat per vehicle. The rental vehicle shall be provided in accordance with Article 4.C.4, and the Pilots shall be paid at their normal hourly rate for time spent in transit at the same rate as a Deadhead;

(iv) If offered by the Company, a Chauffeured Transportation option to Pilots. The Chauffeured Transportation shall comply with Article 3. If the Pilot chooses this option, a maximum of three Pilots per sedan or two Pilots per bench seat per vehicle, and the Pilots shall be paid at their normal hourly rate for time spent in transit at the same rate as a Deadhead.

b. In the event the Pilot(s) experiences an incident or accident while using the Chauffeured Transportation to Training options included herein, the Pilot shall not be held responsible for any delay of Training.

c. If the Pilot has selected a Drive to Training option and, adverse weather conditions exist at the departure point, the destination, or at any point in between, the Pilot shall contact the Company to coordinate rescheduling or alternate transportation options for the Pilot. Examples include winter storms, blizzards, freezing rain, flooding, or as otherwise agreed upon by the Company and the Union.

J. Training Outside of the Contiguous United States

1. Expenses

a. If the Company conducts training, outside the Contiguous United States the Pilot will receive International Per Diem as described in Article 4.

b. The Company shall provide a calling card, or similar monetary item, that allows said Pilots the ability to place a reasonable number of phone calls, at no cost to the Pilot, to the United States while outside the United States for Training.

c. In lieu of per diem for any Assignment longer than three calendar days that includes Training outside of North America (Overseas), all Pilots shall be reimbursed at a rate of two times the current Domestic Per Diem rate in Article 4 or the Foreign Per Diem rates for Meals and Incidental Expenses (M&IE) per the United States Department of State whichever is less for each and every calendar day, or partial calendar day, spent on the Assignment.

2. On any single segment to or from Training scheduled for more than six hours gate to gate, all airline travel shall be booked as positive space in business class

Commented [JBN16]: Joint Bargaining Note: The Pilot shall not incur loss of pay, day off, occurrence, de-qualification, etc.

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or better, and shall be at no cost to the Pilot. Any Pilot, at his election, may accept any flights that are not booked and confirmed as described in this paragraph.

3. Scheduling

a. Duty days for travel shall be limited to 18 hours, inclusive of additional Duty time for Customs. The Company shall extend the Report Time at the departure city to 90 minutes, and shall add 60 minutes of Duty at the arrival city, to accommodate the additional time for Customs and transportation.

b. If the travel to Training includes a change of more than four time zones from the Pilot’s Base, the Pilot shall receive an un-interrupted acclimation period prior to beginning any Training.

c. If the travel from the Training event includes a change of more than four time zones from the Pilot’s Base, the Pilot shall receive the greater of 72 hours of rest, or the rest required by the FAA, prior to any additional Duty period.

4. All sections of Article 10.J shall apply to Pilots involved in Training outside of the Contiguous United States from the Report Time on the first calendar day of travel through the Release Time on the last calendar day of travel.

K. Training Review Board (TRB)

1. The TRB will be established by the Company and the Union and will be comprised of the Director of Training, the Aircraft Program Manager for the Aircraft involved, the Director of Flight Operations or his respective designees, and two Pilots selected by the Union.

2. The purpose of the TRB is to review and evaluate the progress of Pilot Training in a timely and expeditious manner. Three TRB members, consisting of no more than two Company representatives and one Union representative, will be present at all sessions of the TRB and will constitute a quorum. Participation may be by telephone if unanimously agreed to by the TRB members.

a. All recommendations of the TRB will require a unanimous vote of the quorum.

b. If a unanimous vote is not reached, any decision regarding the Pilot shall be at the discretion of the Company and the overriding vote shall be made by the Director of Operations.

c. Pilots on probationary status after completion of New Hire Training shall be entitled to TRB review and evaluation, and shall be subject to the recommendation(s) of the TRB. The Company shall notify the Training Committee of any New Hire Pilot who has failed any Checking Event.

3. The TRB will review and evaluate the progress of a Pilot’s Training when:

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a. Requested by the Director of Training, the Aircraft Program Manager for the Aircraft Type involved, or the Director of Flight Operations, or

b. Said Pilot does not successfully complete his second Checking Event attempt during Initial, Transition, Upgrade, or Recurrent Training, or

c. Said Pilot fails a second Checking Event in the Aircraft, or

d. Any time any Pilot is not recommended by the Instructor or Check Airman to continue Training or move forward into any Checking Event, which will be considered a second Failure of the Checking Event, or

e. Any other Training failures as determined by the TRB.

4. Each and every Pilot who is the subject of a TRB meeting may request the attendance of a Training Committee representative as set forth in this Article during TRB proceedings.

5. The TRB will consider any information directly related to the Training and/or proficiency of the Pilot.

6. The TRB will have access to all Training records pertaining to Pilots whose Training or proficiency is being reviewed and may call or question any individual who may have information relevant to the Pilot’s Training and proficiency.

7. The TRB has the authority to recommend a number of remedies to include, but not be limited to the following:

a. Additional Training for the Pilot,

b. A change of Instructor for the Pilot,

c. The voluntary withdrawal of the Pilot from Training,

d. The involuntary withdrawal of the Pilot from Training, or

e. Any other appropriate action the TRB deems necessary.

8. The TRB will issue a written report on its recommendations. Copies of the recommendations shall be made available to the Vice President of Flight Operations, the Union, and the affected Pilot. The affected Pilot shall be given the opportunity to submit a rebuttal letter that will become a part of his Personnel File as set forth in Article 10.A.3.

L. Professional Standards Committee

The Union will appoint a Professional Standards Committee (PSC) composed of Pilots who confer with the Company on matters pertaining to the professional proficiency of Pilots. The PSC will be called upon to promote professionalism by all Pilots in regards to all aspects of their role as professional Pilots.

M. Training Hotline

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The Company shall maintain a method of communication that is accessible 24 hours a day, seven days a week, 365 days a year, and that is staffed with the appropriate personnel who can coordinate any necessary modifications to any Pilots’ Training schedule for travel and accommodations, including Check Airmen and Instructors. Such method of communication will be available to all Pilots.

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Article 11 Furlough, Recall, and Separation

A. Furlough

1. When it becomes necessary to Furlough Pilots covered by this agreement, a minimum of 30 days’ notice will be given to all affected Pilots, or pay in lieu thereof, except in cases of emergency, strikes, an Act of God, grounding of Aircraft by government order, or other causes beyond the control of the Company.

2. The Company shall not involuntarily Furlough any Pilot on the Seniority List unless the Company can reasonably expect a sustained need for a reduction in force that exceeds a period of 90 calendar days.

B. Furlough Mitigation

1. Prior to and during any Furloughs, or Downgrades that will cause Furloughs, the Company and the Union will meet monthly to develop and adjust mitigating strategies to reduce the number of involuntary Downgrades or Furloughs. These strategies may include but are not limited Company Offered Leaves of Absence (COLA’s) and reductions in line construction values.

2. Prior to and during any Furlough or Downgrades, the Company shall offer COLAs and grant each and every Pilot, in Seniority order, who volunteers for any pre-defined periods of a COLA up to the limit of the number of COLA’s sought by the Company. The benefits awarded Pilots as a Part of the COLA shall be in accordance with Article 12, Leaves of Absence. After awarding COLA’s the Company shall also offer Voluntary Downgrades and Voluntary Furloughs in the following order:

a. Captains up to the number of Captains that is needed to be reduced:

(i) Captains In the same Equipment and Certificate where needed,

(ii) Captains in the same Equipment,

(iii) All Captains

b. First Officers up to the number of First Officers that is needed to be reduced:

(i) First Officers in the same Equipment and Certificate where needed

(ii) First Officers in the same Equipment

(iii) Any First Officer

3. Line construction values shall be reduced to a minimum of 72 credit hours. Both line construction and maximum values shall be limited to 82 credit hours per Pilot. Target may be adjusted to no more than 77 credit hours. Personal credit

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threshold below target must be honored and all other thresholds must be honored as long as they do not exceed 82 credit hours.

4. The Company shall not recruit, hire, or Train any Pilot not on the Seniority List during any time of Furlough or Furlough Mitigation unless all Pilots on Furlough have been offered and deferred a Recall and Furlough Mitigation is no longer in place.

C. Furlough Process

1. General

a. All involuntary Furloughs will be sequential and in reverse order of Seniority beginning with the most Junior Pilot on the Seniority List.

b. Probationary Pilots shall be Furloughed in accordance with this Article.

2. Notification of Furlough

a. The Company shall notify all Pilots and the Union of any potential for a reduction in force that may result in Downgrades or Furloughs.

b. If the Company provides less than a 60-calendar day written notice, each affected Pilot shall be paid the greater of the MMG or the average of said Pilot’s credit hours from the last three months. This shall be continued for the next two pay periods (equivalent of 30 calendar days).

c. Official notification shall include a minimum of an e-mail sent to the Pilot’s Company e-mail address and written notifications shall be sent Certified Mail or UPS, marked “Deliver to Addressee Only.” Proof of delivery of each shall be delivered to the Union upon request.

3. Pilots on Furlough shall receive the following benefits:

a. Insurance Benefits

(i) The benefits specified in Article 14 will continue in effective at active Pilot premium rates for the first 90 days of the Furlough.

(ii) From the expiration of Company offered benefits, the furloughed Pilot is eligible to continue certain insurance benefits through COBRA. These insurance benefits will be at the Pilot’s expense. COBRA benefits shall be available for the maximum period allowed by law.

(iii) The furloughed Pilot shall be responsible for his portion of the premium rates as provided in Article 11.C.3.a.(i)., which may be paid out of unused PDOs or by a check to the Company.

b. PDOs

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When any Pilot is Furloughed, his unused PDOs shall be paid as either a lump sum, Benefits Cash Out, or any combination thereof, at the request of the Pilot.

c. Pass Privileges

Each and every Furloughed Pilot will retain his current travel benefits for which he has enrolled through the end of the enrollment period. The Furloughed Pilot will be eligible to re-enroll for travel benefits when he is recalled from Furlough and returns to active service with the Company.

d. Seniority and Longevity

Each and every Pilot who is Furloughed will retain and continue to accrue both Seniority during his entire time of Furlough. Longevity will continue to accrue for the first 90 days of his Furlough.

4. Downgrade

a. Each and every Captain who is downgraded as a result of a reduction in staffing shall wear his Captain specific uniform items.

b. At the Pilot’s request, all accrued PDOs shall be paid at the Pilot’s Captain rate of pay from his last flight as Captain up to 30 calendar days past the date of the official Downgrade.

D. Communication between the Company and Furloughed Pilots

1. The Company shall provide a secure website to all Furloughed Pilots. The website shall provide access to information and functionality required for Furloughed Pilots, including but not limited to Company e-mail, software to update his Standing Bid, the current Seniority List, the current Furloughed Pilot List, a contact information update form, and any other information mutually agreed by the Union and the Company.

2. Each and every Furloughed Pilot shall have on file with the Company the address to which he desires notice of Recall to be sent, and a current phone number.

3. Once the Company determines any Pilot is Awarded Recall, the Company shall offer Recall by contacting the Pilot within five calendar days of the Award.

a. The Company shall send an e-mail detailing information regarding the Recall, and

b. The Company shall send a written recall notice marked “Deliver to Addressee Only” via First Class Certified Mail or UPS with the details of the Recall and instructions on how to accept, bypass, or decline the Recall to the Pilot’s address on file.

4. The Company shall provide the Union proof of submittal and delivery of all notices to the Pilot upon request.

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5. The Pilot shall respond within 14 calendar days of receipt of the written recall notice as to his intent to accept, bypass, or decline the Recall. Failure to respond within the 14 calendar days shall be considered as a refusal for Recall, and all Seniority and Recall Rights will be forfeited by the Pilot.

E. Recall Rights

1. Each Pilot on Furlough from the Company shall have the option to fill any Vacancy before the Company may hire any Pilots not already on the Seniority List. If no Furloughed Pilot accepts an available Position, Pilots may be hired to staff the unfilled position.

2. Each Pilot shall maintain Recall Rights for eight years from his Furlough Date.

3. Each Pilot may bypass Recall for three years from the first offer of Recall. This bypass shall not extend beyond the eight years of total duration of Furlough. After the three year bypass limit, the furloughed Pilot must either accept the next Recall opportunity or forfeit all Recall Rights.

4. All Recalls will be offered and awarded on a monthly basis in Seniority order, as bid in Article 11.F.

5. Once the Pilot on Furlough accepts Recall, he shall be given 14 calendar days to report to Duty from Furlough.

6. Any Pilot who can no longer maintain or who has forfeited Recall Rights shall be removed from the Seniority List and will not be entitled to Recall.

F. Recall Bidding and Awards

1. The Company shall allow all Pilots on Furlough and / or on Recall to update their Standing Bid in accordance with Article 26. All awards shall be processed in accordance with Article 26.

2. Each and every Furloughed Pilot shall be afforded the opportunity to bid for Standby Recall, where he shall fill a Position if a more Senior Pilot cancels or otherwise does not accept a Position in a class in a manner that precludes the normal recall of the next eligible Pilot due to time constraints.

3. Refusal of the accelerated offer shall not constitute a bypass of Recall in accordance with Article 11.F.8.

4. The Company shall maintain a system to allow Pilots on furlough to electronically bid their preference for Recall to include each and every Base and Position, and shall also allow bids for “All Available” and “Bypass”.

a. Each and every “All Available” bid will constitute a bid for every Base in every Status by Certificate and Equipment, and shall be awarded accordingly. Each and every Pilot awarded “All Available” shall be recalled at his first opportunity of return, but shall be awarded his Base, Equipment, and certificate after all other Pilots with his same recall Effective Date have had their requests honored.

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b. Each and every bid for “Bypass” shall forfeit that Pilot’s Recall Rights for that Bid Award only.

c. Bids for “All Available” and “Bypass” shall be an additional bid line that is used in coordination with other System Bids and shall not be exclusive of any other System Bid option.

d. If the Pilot does not submit a Recall bid, it shall be considered a bid for “Bypass.”

5. Each and every Furloughed Pilot shall be awarded his choice of any scheduled training class offered by the Company in Seniority Order through the end of the following calendar month of his award.

6. Any Pilot who does not provide seven days advance notice that he will be unable to attend a Training class in conjunction with a Standing Bid Award for Recall shall lose all Recall rights and forfeit all Seniority. Exception shall be granted if he was unable to notify the Company due to an extenuating circumstance.

7. Each and every Pilot who accepts Recall from Furlough will be guaranteed at least six calendar months of employment.

a. If the Company has a need to return this Pilot to furlough status before the end of this six calendar month period, the Company may return him to Furlough status, but he will be paid Guarantee for the remaining months or proration thereof until the six calendar month Guarantee period is completed.

b. Each and every Pilot who is on a paid status after Recall and subsequent Furlough can be immediately Recalled with at least seven calendar day notice while he is on paid status. If the Pilot declines his Recall, he will be placed on unpaid leave for an additional seven days, after which, if he has not requested a return to work date, his Recall rights and paid status shall be terminated.

8. Standby Recalls shall be offered in Seniority Order to Furloughed Pilots who also indicated Short Notice on their Standing Bid that they would be willing to accept a standby class date.

9. Any Pilot who is Recalled who is assigned to a Base different from the Base to which he was assigned at the time of Furlough shall receive moving expenses and related benefits pursuant to Article 5. If the Pilot resigns his employment from the Company within 12 months of his Recall notice, the Pilot shall repay the moving expenses, prorated by month.

G. Separation from the Company

1. Voluntary Separation

a. The Company and the Pilot shall mutually honor a standard Two-Week procedure for voluntary separations as follows:

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(i) Each and every Pilot shall notify the Company via email of his Two-Week Notice (fourteen calendar days) of his intention to separate from the Company.

(ii) Each and every Pilot’s Two-Week Notice must be sent from the Pilot’s Company e-mail to the Company at “twoweekpilot@rjet.com” with a copy to his Chief Pilot.

(iii) The Company agrees to accept each Voluntary Separation for any Pilot in good-standing. However if a Pilot is under current investigation or is otherwise pending termination, the Pilot will be treated in accordance with Article 11.G.2.

(iv) The Pilot is expected to fly his remaining schedule during the Two-Week Notice period, unless the Pilot already has approved Vacation scheduled during the Two-Week Notice period, or in accordance with Article 11.G.1.b.

(v) During the Two-Week Notice the following will be provided

1) The Pilot will remain active in CASS until 23:59 p.m. HST on the last day of the Pilot’s Two-Week Notice,

2) At a minimum, any applicable Travel Pass benefits for the Pilot and his enrolled dependents will remain active until 23:59 p.m. HST on the scheduled last day of the Pilot’s Two-Week Notice,

3) If the Pilot has a trip that ends in his Base on the last day of his Two-Week Notice, and such trip does not provide enough time for the Pilot to jump-seat home on the same-day, the Pilot may notify Human Resources at-least three days in advance of said trip and Human Resources will work to ensure that CASS and Travel Pass benefits remain active for one additional day to allow for the Pilot to return home. The Company will ensure that the Pilot has travel benefits and CASS available to him should flights on his scheduled last day of work be delayed beyond his scheduled last day of work.

(vi) Benefits upon Voluntary Separation

1) Any Company sponsored medical benefits will remain active through the remainder of the same Calendar Month in which the last day of the Pilot’s Two-Week Notice falls.

2) If the Pilot requires medical benefits for any additional time, the Pilot will be afforded access to said benefits via COBRA at the Pilot’s expense.

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(vii) The balance of the Pilot’s PDO Bank will be paid out at 100% to the Pilot after separation and at the Pilot’s option from the following:

1) Paid into the Pilot’s retirement account (Company sponsored 401K plan), in accordance with the Company 401k SPD, up to the annual contribution limits for the plan (note, a portion may be subject to repayment in the following year per the plan requirements);

2) Paid as a lump sum in the final paycheck, once the Pilot has returned all outstanding Company equipment;

3) Any combination of the above; or

4) If the Pilot does not indicate a preference in his original Two-Week Notice email, the Company will automatically payout the remaining PDOs as a lump sum payout;

(viii) If any Company bonus that has been announced for the Pilots is scheduled to be paid out during the separating Pilot’s Two-Week Notice period, the Company will pay said bonus to the separating Pilot.

b. The Pilot shall notify Human Resources at twoweekpilot@rjet.com , as soon as practicable, of any discrepancy in the processing of a Voluntary Separation under this Agreement and include any request for correction or special accommodations. Such request must be sent via the Pilot’s Company email account. The Company shall respond to said request within three business days and make reasonable efforts to correct or accommodate the Pilot’s request.

c. A Pilot who is in “good standing” at the time of providing notice to voluntarily separate with the Company or who demonstrates reasonable cause for providing the Company with less than 14 Calendar Days of notice, will not be marked ineligible for re-hire based solely on this consideration. Such circumstances will be reviewed and ultimately decided upon by the Employee Services Review Board or its designee.

d. If a Pilot gives notice and abandons his remaining work schedule, without providing good cause to the Company, he may have his separation date accelerated to the last date of official Company business and the separation will then be treated as Involuntarily under Article 11.G.2. Such determination will be made by the Employee Services Review Board or its designee.

e. The Company shall publish a form via the Company intranet, EFB, or other mechanism that describes the process for Voluntary Termination, including the requirements for returning Company property, benefits afforded the Pilot, past tax information, and any other relevant

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information. The Company shall pre-pay for all postage associated with the return of items to the Company.

2. Involuntary Separation, Involuntary Termination, or Resignation in Lieu of Termination

a. Pilots who Involuntarily Separate, are Involuntarily Terminated or Resign in Lieu of Termination, shall have a separation dates as determined by the Company, but will not be earlier than the date of the Pilot’s Article 18 hearing or Resignation in Lieu of Termination date.

b. Pilots who Involuntarily Separate from the Company and are away from home on Company business at the time of separation, shall be provided access to space available (or better if available to the Company) travel to return to home as soon as practicable. In cases where facilitating such travel for a separated Pilot would expose the Company to undue risk, the Company may elect to not facilitate travel for the separated Pilot. Only the Employee Services Review Board or its designee may make the determination to deny travel under Article 11.G.2.b.

c. The balance of the Pilot’s PDO Bank will be paid out at 100% to the Pilot after separation in lump sum.

H. Personnel Files and PRIA Records.

a. A Pilot may request to review his personnel file at the Company’s headquarters at any time by contacting Employee Relations.

b. The Company will provide former Pilots with copies of PRIA requests in accordance with FAA Form 8060-11A, if indicated by said Pilot on the PRIA authorization request.

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Article 12 Leaves of Absence

A. Personal Leave

1. General

Each and every Pilot may request a Personal Leave of Absence by completing a Request for Leave of Absence form and submitting it to the designated Company Leave Representative no later than 30 calendar days before the bid closing for the month in which the Leave is requested to begin. The Company, at its discretion, will determine whether a Personal Leave request is to be granted and the date for return to service.

2. Eligibility

Pilots must have been continuously employed for twelve months before a request will be considered.

3. Seniority and Longevity

Each and every Pilot will retain and continue to accrue Seniority while on Personal Leave and will retain and accrue Longevity for the first 30 calendar days of Personal Leave.

B. Medical Leave

1. General

a. Medical Leaves of Absence will be allowed for disability or incapacitation due to illness, injury, or pregnancy upon receipt of written documentation, as specified by the Company, from a qualified medical doctor.

b. After seven consecutive work days of illness, each and every Pilot is required to contact the Leave Department to apply for a Medical Leave of Absence.

c. Medical Leave will be requested by submitting a Request for Leave of Absence to the designated Company Leave Representative as soon as practicable after the reason for the Leave is known.

d. Medical Leave will not exceed five years.

e. Each Pilot on a Medical Leave must submit documentation, as specified by the Company, from his doctor, each year within 60 calendar days (30 calendar days prior to or 30 calendar days after) of the anniversary date of the Leave.

f. Maternity and other pregnancy related conditions shall be treated like any other disability in accordance with Medical Leave. If her medical condition no longer allows her to safely perform her duties, she will be placed on Medical Leave in accordance with Article 12.B.

Commented [JBN1]: Reminder: Insurance, Pass Privileges, and PDO’s will be addresses in their respective articles and the Union reserves the right to republish those issues in this article for clarity.

Commented [JBN2]: Joint Bargaining Note: Not being able to exercise the privileges of the Pilot’s FAA medical certificate would be considered a disability.

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g. Any Pilot who exercises Medical Leave for the purpose of her pregnancy and childbirth, at the conclusion of Medical Leave for pregnancy and childbirth, may elect to continue her time off by up to an additional nine months by transitioning to an unpaid Leave. Such election shall be made at least 30 days before the scheduled end date of the Medical Leave, shall commence immediately following the Medical Leave, and shall be for the care of the Pilot’s newborn.

h. At his sole election, each Pilot on Medical Leave will be allowed to draw full pay, partial pay, or sufficient compensation to pay for benefits costs (less taxes) from his PDO bank until all accrued PDO Bank, Sick Bank, and Vacation Bank PDOs are exhausted.

i. The Company, at its discretion, may offer a non-flying position to any Pilot who can no longer perform his job due to the inability to exercise his FAA Medical Certificate due to illness or injury. Such non flying position will be compensated at the applicable rate of pay for that position.

2. Eligibility

All Pilots covered by this Agreement.

3. Seniority and Longevity

Each and every Pilot will retain and continue to accrue Seniority while on Medical Leave and will retain and accrue Longevity for the first 90 calendar days of Medical Leave.

C. Parental Leave

1. General

a. Pursuant to FMLA, each and every Pilot may take up to three months of unpaid Parental Leave for the birth of his child or for the adoption of a child. Such Leave shall be taken within one month of the birth or adoption.

b. Each and every Pilot who exhausts his Parental Leave may thereafter extend his Leave on a month-to-month basis, with Company approval for an additional nine months. If the Company’s operational requirements allow for such Leave extension, it shall be granted in Seniority Order prior to the granting of any COLAs.

c. The Company, at its expense, will provide a baby blanket to all new born or adopted new born children of any Pilot employed by the Company.

2. Eligibility

All Pilots covered by this Agreement.

3. Seniority and Longevity

Commented [JBN3]: Joint Bargaining Note: Such offer may be mutually agreed to by the Company and the Pilot and the extension of such offer will not disqualify the pilot from an approved Medical Leave.

Commented [JBN4]: Joint Bargaining Note: Covers Maternity Leave

Commented [JBN5]: Joint Bargaining Note: FMLA runs concurrent with any FMLA leave but if an employee does not have three months of FMLA available at the time of the child’s birth, the Company will still grant Parental Leave up to three months.

Commented [JBN6]: Joint Bargaining Note: Will not retrospectively pull a pilot off a COLA.

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Each and every Pilot will retain and continue to accrue Seniority while on Parental Leave and will retain and accrue Longevity for the first 90 calendar days of Parental Leave.

D. Military Leave (Long-Term & Short-Term)

1. General

a. Each and every Pilot will be granted Military Leave in accordance with USERRA and applicable Federal law. Military Leave must be noticed to the Company by submitting a Notice for Military Leave of Absence to the designated Company Leave representative within 72 hours of receipt of notification of the Military duty for which the Leave is requested unless precluded by Military necessity.

b. Short-Term Military Leave

Each and every Pilot on Short-Term Military Leave shall have his Short-Term Military Leave days pre-awarded on his schedule, unless precluded by Military necessity. Said days will have a virtual credit equal to the highest virtual credit offered for any type of Leave as specified in Article 6.

2. Eligibility

All Pilots covered by this Agreement shall be eligible for Military Leave in accordance with USERRA.

3. Seniority and Longevity

Each and every Pilot will retain and continue to accrue Seniority and Longevity while on Military Leave in accordance with USERRA.

4. Return to Service

Return from Military Leave of Absence shall be in accordance with Article 12.M or applicable law, whichever is more favorable to the Pilot.

E. Family Leave – FMLA

1. General

a. Each and every Pilot may request FMLA in writing in accordance with the Family and Medical Leave Act of 1993 as amended.

b. FMLA may run concurrently with all applicable types of Leave.

2. Each and every Pilot who requests an FMLA leave for a certified absence, shall notify the Company Leave Representative the earlier of 24 hours following the notification to Crew Scheduling of the planned absence or within 24 hours after the scheduled Report Time of the Trip Pairing or Assignment unless incapacitated due hospitalization or other similar status.

3. Eligibility

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Each and every Pilot shall be eligible for an FMLA Leave in accordance with applicable law.

4. Seniority and Longevity

Each and every Pilot will retain and continue to accrue Seniority and Longevity while on FMLA.

F. Bereavement Leave

1. General

a. In the event of a death in a Pilot’s immediate or extended family, as defined in Article 12.F.1.b., the Pilot may, as soon as practicable, notify the Company Leave Representative, or his designee, if he desires a Bereavement Leave and shall be granted Bereavement Leave.

b. Each and every Pilot may take up to five consecutive days off with pay for a death in the Pilot’s family limited to the Pilot’s mother, father, brother, sister, child (including miscarriage), grandchild, grandparent, spouse, domestic partner, or the mother or father of the Pilot’s spouse or domestic partner. Such days off shall commence within seven days of the death of the covered family member. Any special requests to deviate from the timeline of this provision may submit to the Employee Services Review Board for consideration.

c. Upon request, at Company discretion, Bereavement Leave may be extended for a mutually agreed period, either without pay or with pay charged against a Pilot’s Vacation PDOs.

2. Eligibility

All Pilots covered by this Agreement.

3. Seniority and Longevity

Each and every Pilot will retain and continue to accrue Seniority and Longevity while on Bereavement Leave.

G. Emergency Leave

1. General

a. In emergency situations not otherwise provided for in this Article, Pilots may request Emergency Leave. Requests for Emergency Leaves will be submitted to the designated Company Leave Representative and may be granted upon review by the Employee Services Review Board.

b. Emergency Leave shall be unpaid.

c. At his sole election, each Pilot on Emergency Leave will be allowed to draw full pay, partial pay, or sufficient compensation to pay for benefits

Commented [JBN7]: Joint Bargaining Note: Currently these are the Family and Medical Leave Act of 1993 and the Airline Flight Crew Technical Corrections Act of 2009.

Commented [JBN8]: Joint Bargaining Note: Paid for trips missed only. No pay on scheduled days off.

Commented [JBN9]: Joint Bargaining Note: Intent is late stage miscarriage.

Commented [JBN10]: Joint Bargaining Note: The Company reserves its right in life threatening illness (e.g. heart attack, stroke) resulting in medical leave, to extend medical benefits at Company premium rates for a period up to twelve months.

Commented [JBN11]: Joint Bargaining Note: VP LR, VP HR, DIR Benefits. Also Union may select one member of the Pilot management team to participate on an annual basis. Said member will be HIPPA trained. The Company will agree to review, with designees of the E-Board, the types of cases considered every six months or as requested by the Union.

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costs (less taxes) from his PDO bank until all accrued PDO Bank, Sick Bank, and Vacation Bank PDOs are exhausted.

2. Eligibility

All Pilots covered by this Agreement.

3. Seniority and Longevity

Each and every Pilot will retain and continue to accrue Seniority while on Emergency Leave and will retain and accrue Longevity for the first 30 calendar days of Emergency Leave.

H. Union Leave (Long-Term & Short-Term)

1. General

a. Long-Term Union Leave

(i) At the request of the Union, with advance notice given prior to bidding for the month in which the Leave is requested to commence, a Pilot shall be granted an indefinite Union Leave of Absence without pay to accept employment with the Union. No more than one Pilot per 1,000 active Pilots on the Seniority List, or portion thereof, shall be permitted on indefinite Union Leave at one time, except with Company approval. A Pilot on Union Leave will be allowed to fly when necessary to remain current as a Pilot.

(ii) At the request of the Union, the Company shall place up to four Pilots, on Long-Term Union Leave for the purpose of Contract Negotiations. Said Pilots shall be in addition to the number of Pilots allowed under Article 12.H.1.a(i).

b. Short-Term Union Leave

The Union may request Short Term Union Leave with pay, subject to reimbursement of the Company as set forth in Article 12.H.3. Subject to Operational needs, the Company may grant Short Term Union Leave for Pilots each month for the purpose of conducting Union business. The Union will give the Company appropriate advanced notice of all Leave requests to allow pre-awarded days off for the month in which the Leave requests are being made. The Company shall not unreasonably withhold the approval of said requests by the Union.

2. Eligibility

All Pilots covered by this Agreement.

3. Flight Pay Loss

a. Short-Term Union Leave

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(i) Scheduled Line Pilots: The Union will reimburse the Company at the full hourly rate applicable to that Pilot, plus 23% to cover the cost of benefits (e.g., FICA, etc.), for each day he or she is on Short-Term Union Leave only for the scheduled time dropped.

(ii) Reserve Pilots: The Union will reimburse the Company at the full hourly rate applicable to that Pilot, plus 23% to cover the cost of benefits (e.g., FICA, etc.), using the formula of five hours for each reserve day dropped.

b. The Union agrees to reimburse the Company within 30 calendar days after receipt of the Company’s bills. Such billings shall be submitted to the Union no later than 45 calendar days following the month in which the flight pay loss was incurred.

4. Seniority and Longevity

Each and every Pilot will retain and continue to accrue Seniority and Longevity while on Union Leave.

I. Company Offered Leave of Absence (COLA)

1. General

a. When staffing dictates, the Company may offer a COLA. Such Leaves can be for any number of days, or an indefinite period, as specified by the Company.

b. COLAs shall be unpaid.

2. Eligibility

a. The Company may offer COLAs at its discretion.

b. The Company may elect to offer a COLA to Pilots in a specific Certificate and Position. The Company must offer the COLA in Seniority order and may not restrict the offer to certain Bases.

3. Seniority and Longevity

Each and every Pilot will retain and continue to accrue Seniority and Longevity while on a COLA.

J. Workman’s Compensation Leave (WKC)

1. General

Worker’s Compensation will be administered in accordance with the applicable State law and Company policy.

2. Eligibility

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All Pilots covered by this Agreement shall be eligible for WKC Leave in accordance with applicable laws.

K. Federal Flight Deck Officer (FFDO) Training

Each and every Pilot who wishes to attend initial or recurrent FFDO training and informs the Company of his intentions to do so shall coordinate with Crew Planning to request the necessary days off pre-awarded to his schedule. In consideration of operational demands, such time off may be granted without pay. The Company shall not unreasonably deny such requests.

L. Jury / Witness Duty Leave

1. General

a. When any Pilot receives a jury summons he will provide a copy of the Court Summons to Crew Scheduling within 72 hours of receipt of the jury summons to such Pilot. Said Pilot will be allowed to resume his original trip, if practicable, on days he was originally scheduled to fly that do not conflict with the Jury Duty. Any Pilot who performs Jury Duty will receive pay for actual trips missed while on Jury Duty.

b. A Pilot who is subpoenaed to appear as a witness on behalf of the Company will be paid for trips missed, and in addition will receive a COB day for such required appearance on any day off, when subpoenaed for Company related matters.

c. A Pilot who defers his Jury Duty service after being released from the Company to perform Jury Duty, shall immediately notify the Company of his availability to the Company.

2. Eligibility

All Pilots covered by this Agreement.

3. Seniority and Longevity

Each and every Pilot will retain and continue to accrue Seniority and Longevity while on Jury / Witness Duty Leave.

M. Return from Leaves of Absence

1. Return from FMLA covered Leaves or from Military Leaves will be in accordance with Article 12.M.2 or applicable law, whichever is more favorable to the Pilot.

2. Each and every Pilot who goes out on Leave shall:

a. Maintain a current Standing Bid at all times,

b. Bid for any Vacancies or Displacements that he chooses in accordance with Article 26, and

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c. Upon return from Leave, he shall resume the Position of his most current Standing Bid Award.

3. Each and every Pilot who, at the conclusion of a Leave of Absence, is not current and qualified to hold the Position to which he is returning shall be placed in the first available Training Class for that Position. His pay shall commence on the earlier of the first day of Training or 30 days from his return to work date as notified by the Pilot, so long as he has made himself available to attend Company assigned Training.

4. Where a Pilot requires a release in order to return to work, he shall notify the Company within 72 hours of receiving a release notice from his doctor or AME. Where a release from the Pilot’s AME is required, the AME’s release will control his return to work.

5. Any Pilot returning from Military Leave will provide a return notice in accordance with USERRA.

N. General

1. Nothing in this Article shall prevent the Company and the Union from agreeing to extend any Leave as a Personal Leave.

2. For all Bases where there are 50 or less Pilots, they shall be covered by all Leave programs in the same manner as Bases with more than 50 Pilots.

3. Each and every Pilot shall be able to use accrued PDOs while on Leave to offset the Pilot costs of any benefits program.

4. Nothing in this Agreement shall prevent the Company and the Pilot from agreeing that the Pilot may pick up flying while on a Leave of Absence if the Pilot is current and qualified.

5. Approval of any Leave of Absence beyond FMLA is at the discretion of the Company; however, such approval will not be denied unreasonably or in bad faith.

6. While on a Leave of absence, a Pilot shall not engage in other aviation employment as a pilot with another air carrier without prior permission from the Company, or business activities that are adverse to the Company’s interest.

Commented [JBN12]: Joint Bargaining Note: To be reviewed by the Employee Services Review Board

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Article 13 Physical Standards

A. Medical Certificates

1. The medical standards required of Pilots in the employ of the Company shall be those established by the FAA, including its waiver policy. Each Pilot must maintain a first class FAA Medical Certificate, except as provided for in 13.A.3.

2. In the event that the FAA medical standards change, the Company and the Union shall meet and confer in order to address the new standards.

3. If any Pilot fails a medical examination, he must notify the Company’s Director of Flight Operations or Crew Scheduling. Any Pilot who fails to qualify for a first class FAA Medical Certificate, but who is able to qualify for a second class FAA Medical Certificate, may continue to fly for the Company as a First Officer at the applicable First Officer’s pay rate, provided that such practice is permitted by the then current FARs.

4. Each and every Pilot must have a valid Medical Certificate on file with the Company. Such Medical Certificate should be emailed to the Company no later than the 20th day of the month in which it is due.

a. The Company shall notify said Pilot(s) via FLiCA or other scheduling software as applicable, starting in the month prior to the month in which the Pilot’s FAA Medical Certificate is due to be renewed.

b. Prior to bidding for his monthly schedule in which a Pilot’s FAA Medical Certificate is due, the Company shall restrict the crewmember from bidding for his schedule until the Pilot has acknowledged that he knows that he is required to submit a valid medical by the 20th of his due month.

c. The Company shall notify Pilots via Company email prior to the 20th Calendar Day of the month in which the Pilot’s FAA Medical Certificate is due to be renewed, if the FAA Medical Certificate has not yet been delivered to the Company.

d. If the FAA Medical Certificate is not presented to the Company by the 20th day of the month in which it is due and the Pilot has a medical examination scheduled, the Pilot will email the Company no later than 08:00 Headquarters Time on the 20th of his due month with his intention to comply with the requirement and provide the date on which his medical examination is scheduled.

e. If the Company has not received the Pilot’s FAA Medical Certificate or the notification referenced in A.4.d. by the 25th Calendar Day of the month that it is due, the Company may remove the Pilot from flying status for the remainder of the current month for the period of time necessary to ensure coverage and the following month. The Company may remove any Pilot from any flying taking place during the expiration month that would create

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a conflict due to his disqualification in the following month. This is limited to Trip Pairings that touch the following month.

f. If the Pilot had his Trip removed in accordance with 13.A.4.e, and subsequently provides his FAA Medical Certificate on or prior to the last day of the month, the Company shall reinstate the portion of the Pilot’s schedule that was removed, provided the flying has not been picked up by a Line Holder. A Reserve Pilot that was assigned to cover the flying will be placed back on Reserve for the period of time removed.

B. Fitness for Duty

In the event any Pilot believes another Crewmember is not fit for duty, he shall immediately report his belief to a manager on duty and request an assessment of the Crewmember who is believed to be not fit. A fitness assessment will be made prior to that Crewmembers next flight departure. The Company shall require both Crewmembers to complete an Irregularity Report within 48 hours of the report to the Company.

C. Alcohol/Drug Testing

1. The Company will maintain and administer drug and alcohol testing programs in accordance with applicable laws and regulations.

2. All Pilots will be provided with access to an electronic copy of the Company’s FAA-approved drug and alcohol program.

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Article 14 Insurance and Benefits

A. General

1. Upon Union request, the Company and the Union will meet annually, at least 150 days prior to the benefits Open Enrollment period, to discuss issues pertaining to all insurance and other benefit plans. At that time the Company will provide electronic copies of the latest edition of the following documents to the Union for each of the Medical, Dental, Vision, and Life Insurance plans offered to the Pilot group.

a. Summary Plan Descriptions (SPDs)

b. Most recent Form 5500 Annual Reports

c. Aggregate participant data (including participant share of health insurance for all health plans per each tier)

d. Year end 401(k) Asset Performance Reports

2. The Company will eliminate the Spousal Surcharge and will not replace it with any like surcharge.

B. The Company shall offer Open Enrollment for benefit plans to the Pilot group on at least an annual basis and to each and every Pilot for the 30 Days following any Qualifying Life Event.

C. The Company shall pay each and every Pilot $100.00 per evaluation up to two times annually for the evaluations related to the required FAA Medical Certificate. Each and every pilot who is required by the FAA to receive an EKG due to his age will receive an additional $100.00 per required EKG, up to twice annually. At its discretion, the Company may request supporting documentation prior to providing payment to any Pilot for a second EKG in the same calendar year.

D. Preventive Care

The medical plans offered by the Company will pay benefits for preventive care services provided on an outpatient basis at a physician’s office, urgent care, minute clinic or other primary care physician setting. Preventive care services encompass medical services that have been demonstrated by clinical evidence to be safe and effective by either the early detection of disease or prevention of disease and have been proven to have beneficial effect on health outcomes.

1. For all covered adults enrolled in a Company sponsored medical plan the following preventive care services shall be covered to the extent they are recommended by the guidelines outlined in the U.S. Department of Health and Human Services Agency for Healthcare Research Quality Guide to Clinical Preventive Services 2014 and subject to the terms of the applicable Company sponsored medical plan:

a. Abdominal Aortic Aneurysm screening

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b. Annual PSA exams for men

c. Alcohol Misuse screening and counseling

d. Blood Pressure screening

e. Cholesterol screening

f. Colorectal Cancer screening

g. Depression screening

h. Diet Counseling

i. Domestic and interpersonal violence screening and counseling

j. Type 2 Diabetes screening

k. HIV infection screening, counseling,

l. Obesity screening and counseling, and treatment

m. Tobacco Use screening

n. Tobacco Use cessation

o. Sexually Transmitted Infection (STI) prevention, counseling, and treatment

p. Aspirin for prevention of cardio vascular disease

q. Immunizations as defined by the Centers for Disease Control and Prevention (CDC) / Advisory Committee on Immunization Practices (ACIP)

(i) Hepatitis A

(ii) Hepatitis B

(iii) Herpes Zoster

(iv) Human Papillomavirus

(v) Influenza (Flu Shot)

(vi) Measles, Mumps, Rubella

(vii) Meningococcal

(viii) Pneumococcal

(ix) Tetanus, Diphtheria, Pertussis

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(x) Varicella

(xi) Any other recommended immunizations per Article 14.D.1.q.

2. For all covered women enrolled in a Company sponsored medical plan the following shall be covered to the extent they are recommended by the guidelines outlined in the U.S. Department of Health and Human Services Agency for Healthcare Research Quality Guide to Clinical Preventive Services 2014 and subject to the terms of the applicable Company sponsored medical plan:

a. Anemia screening

b. Bacteriuria urinary tract or other infection screening for pregnant women

c. BRCA counseling about genetic testing for women at higher risk

d. Breast Cancer Mammography screenings

e. Breast Cancer Chemoprevention counseling for women at higher risk

f. Breastfeeding comprehensive support and counseling from trained providers, as well as access to breastfeeding supplies, for pregnant and nursing women

g. Cervical Cancer screening for sexually active women

h. Chlamydia Infection screening for younger women and other women at higher risk

i. Folic Acid supplements for women who may become pregnant

j. Gestational diabetes screening for women 24 to 28 weeks pregnant and those at high risk of developing gestational diabetes

k. Gonorrhea screening

l. Hepatitis B screening

m. Osteoporosis screening for women over age 60 depending on risk factors

n. Annual PAP exams

o. Rh Incompatibility screening for all pregnant women and follow-up testing for women at higher risk

p. Syphilis screening for all pregnant women or other women at increased risk

3. For all covered children enrolled in a Company sponsored medical plan, the following shall be covered to the extent they are recommended by the guidelines outlined in the U.S. Department of Health and Human Services Agency for Healthcare Research Quality Guide to Clinical Preventive Services 2014 and subject to the terms of the applicable Company sponsored medical plan:

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a. Alcohol and Drug Use assessments for adolescents

b. Autism screening for children at 18 and 24 months

c. Behavioral assessments for children of all ages

d. Blood Pressure screening for children

e. Cervical Dysplasia screening

f. Congenital Hypothyroidism screening for newborns

g. Depression screening for adolescents

h. Developmental screening for children under age 3

i. Dyslipidemia screening for children at higher risk of lipid disorders.

j. Gonococcal ophthalmia neonatorom preventive medication for the eyes of all newborns

k. Hearing screening for all newborns

l. Height, Weight and Body Mass Index measurements for children

m. Hematocrit or Hemoglobin screening

n. Hemoglobinopathies or Sickle cell screening

o. HIV screening for adolescents at higher risk

p. The following immunizations as defined by the Center for Disease Control Prevention (CDC), and Advisory Committee on Immunization Practices (ACIP) for children from birth to age 18 at the ages and doses recommended:

(i) Diphtheria, Tetanus, Pertussis

(ii) Haemophilus influenzae type b

(iii) Hepatitis A

(iv) Hepatitis B

(v) Human Papillomavirus

(vi) Inactivated Poliovirus

(vii) Influenza (Flu Shot)

(viii) Measles, Mumps, Rubella

(ix) Meningococcal

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(x) Pneumococcal

(xi) Rotavirus

(xii) Varicella

(xiii) Iron supplements for children ages 6 to 12 months at risk for anemia

q. Lead screening for children at risk of exposure

r. Obesity screening and counseling, and treatment

s. Phenylketonuria (PKU) screening

t. Sexually Transmitted Infection (STI) prevention counseling and screening for adolescents at higher risk

u. Tuberculin testing for children at higher risk of tuberculosis.

v. Vision screening

E. Medical Insurance Program

1. Maintenance of Benefits

The Company shall offer no less than the following medical insurance plans for the benefit of the Pilots and their qualified dependents as outlined here in. The covered services offered under each Plan below shall be the same or better than the services covered by the Plan at the Date of Signing, except as otherwise required by law:

a. Legacy PPO Medical Plan

b. Pilot Health Plan (HDHP/HSA Medical Plan) – Effective January 1, 2016

c. Traditional PPO Plan

2. Legacy PPO Medical Plan

a. The Legacy PPO Medical Plan shall be available only to Pilots who meet the following requirements:

(i) A Pilot on the Seniority List; and

(ii) A Pilot currently enrolled in the Legacy PPO Medical Plan on the Date of Signing of this Agreement; and

(iii) A Pilot who has not opted out of the Legacy PPO Medical Plan at any time either before or after the Date of Signing of this Agreement.

b. The Pilots premium contribution for the Legacy PPO Medical Plan shall not exceed 35% of the total anticipated aggregate costs of the Legacy

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PPO Medical Plan. The Company’s contribution shall never be less than 65% of the anticipated aggregate cost of the Legacy PPO Medical Plan.

c. The Company shall maintain the Legacy PPO Medical Plan until the earlier of the following:

(i) December 31, 2018; or

(ii) The plan anniversary date in which fewer than 100 Pilots are still enrolled in the Legacy PPO Medical Plan

3. Pilot Health Plan

a. The Company agrees to establish a Pilot Health Plan (PHP) and make the PHP available to each and every Pilot as of January 1, 2016. The Company shall maintain the PHP for the term of this Agreement and shall not limit enrollment for any current or future Pilots covered by this Agreement without the mutual consent of the Union.

b. The Pilots premium contribution for the Pilot Health Plan shall never exceed 25% of the total anticipated aggregate costs of the Pilot Health Plan and the Company’s contribution shall never be less than 75% of the anticipated aggregate cost of the PHP.

c. The monthly premium for the PHP will not increase from the below rates until after December 31, 2017:

(i) Individual Pilot - $99 per month

(ii) Pilot plus +1 family member - $190 per month

(iii) Pilot plus family - $280 per month

d. The Company will fund each participating Health Savings Account associated with the PHP according to the following schedule:

(i) Individual - $800

(ii) Individual plus 1 or Family - $1,600

(iii) The Company may raise or contribute additional funds to Health Savings Accounts at its discretion, but may not lower its contribution level during the Term of this Agreement without the mutual consent of the Union or unless otherwise required by law.

e. If the PHP is offered to any other employee group, it will not be offered at more favorable terms than offered to the Pilots.

f. Unless required by changes to current Federal regulations, annual deductibles and maximum out-of-pocket costs for the PHP shall not exceed the following during the first three years of this Agreement.

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Thereafter the annual deductible levels may not increase by more than 3% or the Consumer Price Index for the prior year, whichever is less.

Annual Deductible Maximum Out-of-Pocket

In-Network Out-of-Network In-Network Out-of-Network

Pilot $1,300 $2,600 $3,750 $7,500

Pilot + 1 $2,600 $5,200 $7,500 $15,000

Pilot + Family $2,600 $5,200 $7,500 $15,000

Service In-Network

Co-insurance

Out-of-Network

Co-insurance

PCP/Specialist office visits (1)

20% 40%

Well visit $0 40%

Immunizations $0 40%

Inpatient services 20% 40%

Outpatient services (2) 20% 40%

Emergency room (3) 20% 20%

Urgent care (4) 20% 40%

Lab and x-ray 20% 40%

Chiropractic services 50% 50%

(1) Office visits only. All other services in office subject to deductible and coinsurance.

(2) Outpatient services include physical, occupational, respiratory, inhalation, and IV therapy. Calendar year visit limits apply. Occupational therapy combined limit of 30 visits per calendar year.

(3) Emergency room co-payment is waived if admitted.

(4) If invoiced as outpatient services coverage will be paid at outpatient services level.

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g. For the avoidance of doubt, the covered medical services and inclusions in the Plan Design for the Pilot Health Plan shall be the same or better than those in the Legacy PPO Medical Plan at the time of signing of this Agreement. Additionally, the Company will not reduce the covered medical services and inclusions of the PHP without mutual consent of the Union. For further clarity and agreement, the following shall apply to the PHP:

(i) Emergency room services, whether provided at an “In-Network” or “Out-of-Network” provider will be covered by the PHP as “In-Network” services.

(ii) If the Company were to select a new health plan administrator prior to January 1, 2019 (e.g. Anthem to United Health Care) and such a decision by the Company resulted in a Pilot losing access to his current “In-Network” physician or medical provider, then upon request of the Pilot, his current physician or medical provider shall continue to be recognized by the Company as an “In-Network” provider until January 1, 2019. This provision does not apply to physicians or medical providers who leave the Anthem network not as a result of actions taken by the Company.

(iii) “Out-of-Network” appeals: The Company will continue to review unique situations of specific medical necessity that require the utilization of “Out-of-Network” service providers and may approve such situations on a non-precedent setting case-by-case basis to be treated as “In-Network”.

4. Traditional PPO Plan (TPO)

a. The Company agrees to maintain the Traditional PPO Plan and to make the TPO available to each and every Pilot for the Term of the Agreement and shall not limit enrollment for any current or future Pilots covered by this Agreement without the mutual consent of the Union.

b. The Pilots premium contribution for the Traditional PPO Plan shall never exceed 35% of the total anticipated aggregate costs of the Traditional PPO Plan and the Company’s contribution shall never be less than 65% of the anticipated aggregate cost of the Pilot Health Plan.

c. The cost and benefits of the TPO will not be any less advantageous than for any other employee group enrolled in the TPO.

5. Eligibility and Participation

a. All Pilots may enroll in a Company sponsored medical insurance plan and other offered Benefits during the annual Open Enrollment period, or within 30 days of their Date of Hire or a qualifying life event.

b. Medical, Dental, Vision, and other Benefits for Pilots hired less than 30 days before ratification or at any time after the date of ratification of the Agreement may begin for Pilots and qualifying dependents, immediately

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following a 30-day waiting period for each and every Pilot who enrolls in said Benefits.

c. Each and every Pilot who fails to enroll during the Open Enrollment period or his Initial Enrollment Period will be required to wait for the subsequent Open Enrollment period, unless he meets the requirements for enrollment under a Qualifying Life Event.

F. Dental Insurance Plans

1. In the Open Enrollment period following the Date of Signing of this Agreement, the Company will offer to each and every Pilot covered by this Agreement, at least the following two dental insurance plans for the benefit of the Pilots and their qualified dependents, the benefits of which shall not be less advantageous than the existing program coverage and benefits except as otherwise required by law:

a. Met Life Standard Dental Plan (Standard Dental Plan) for Pilots

b. Met Life Dental Plus Plan (Dental Plus Plan) for Pilots

2. The design of the Dental Plan offered to the Pilots will be the same as the design of the Dental Plan offered to all other employees.

3. Premium costs for Pilots who elect Dental Coverage shall be no more than the following rates until January 1, 2018 at which time the rates offered shall not exceed the rates then in effect for all other employee groups.

Per Pay Dental Premiums Met Life Standard Employee Only $0 Employee +1 $20 Family $25 Met Life Dental Plus Employee Only $6 Employee +1 $35 Family $40

4. Plan Improvements

Effective on January 1, 2016, the per person Ortho Lifetime Maximum will be increased to $1,500.00 in the Dental Plus Plan for In-Network and Out-of-Network.

G. Vision

The Company shall provide a vision plan to each and every Pilot and their qualified dependents that will cover one yearly exam plus no less than a $125.00 annual allowance for lenses, contacts or, frames. The vision plan for Pilots and qualified dependents may be the same plan offered to other employee groups but in no case shall be less beneficial than the vision plan offered to any other employee group.

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H. Short Term Disability / Long Term Disability

The Company will make available a Short-Term Disability and Long Term Disability Insurance Policy to each and every Pilot at the same rates available to other employee groups.

I. Flex Benefits

The Company will provide a 125 Flexible Benefits Plan to all Pilots, the benefits of which shall not be less advantageous than the existing program on the Date of Signing except as otherwise required by law, and shall allow each and every Pilot to use the plan to the maximum extent allowed by law.

J. Life Insurance

1. The Company will provide each and every Pilot covered by this Agreement with a life insurance policy after 30 days of service, the benefits of which shall not be less advantageous than the existing program on the Date of Signing coverage and benefits except as otherwise required by law. The Company will pay one hundred percent (100%) of the premium for the following coverage:

a. Group Term Life Insurance

(i) Benefit equal to two times each Pilot’s basic annual earnings, then rounded to the next higher $1,000, to a maximum of $500,000

(ii) “Basic annual earnings” for each affected Pilot will be determined using the Pilot’s current hourly pay rate and multiplied by 950 as defined by the SPD.

b. Accidental Death & Dismemberment Insurance (A.D.& D.)

(i) Benefit equal to four times each Pilot’s current basic annual earnings, then rounded to the next higher $1,000, to a maximum of $1,000.000

(ii) “Basic annual earnings” for each affected Pilot will be determined using the Pilot’s current hourly pay rate multiplied by 950 as defined by the SPD.

c. Dependent Life Benefits

(i) Spouse $10,000.00

(ii) Children-Birth -26 years $5,000.00

2. Living Benefit (Accelerated Benefit) Option

Effective with the Date of Signing of this Agreement, a living benefit option will be included in the life insurance contract. This benefit will allow a terminally ill Pilot to choose to receive a percentage (in accordance with the plan provisions) of his

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benefit prior to death. The maximum Living Benefit any terminally ill Pilot can receive is 75% of the group life insurance coverage amount.

3. Supplemental Life Insurance

a. The Company will continue to make available for the Term of this Agreement the Supplemental Life Insurance benefits under the same terms and conditions as stated in the Summary Plan Description (SPD). The Company may amend or improve such benefits with the concurrence of the Union.

b. If elected by the Pilot, Supplemental Life Insurance benefits shall be exclusive of and paid out in addition to all other insurances and benefits listed under this Agreement.

K. 401 (k) Plan

1. The Company will provide a retirement 401(k) benefit to all Pilots that is no less advantageous than exists as of the Date of Signing and is no less advantageous than the 401(k) plan offered to other employee groups except as otherwise required by law.

2. Unless specifically elected otherwise by the Pilot, each and every new hire Pilot shall have a 401(k) contribution of 3% automatically deducted from their pay.

3. Each and every Pilot is always 100% vested in both their own and the Company’s 401(k) matching contributions.

4. Each and every Pilot may elect to contribute additional funds up to the legal maximum into his 401(k). There will be no additional match above that specified in this Article.

5. All contributions to 401(k) plans shall be made available in the Pilot’s account in accordance with federal laws and regulations governing the timing of contributions to applicable 401(k) plans.

6. If the Pilot does not select any funds for his contributions into any of his 401(k) or other Retirement or Savings Plans, all contributions shall be invested in the Target Date Fund as specified by the plan.

L. Profit Sharing

If a profit sharing program is established for any other employee group, the Company will afford each and every Pilot a profit sharing plan that is at least as favorable as any said program made available to any other collectively bargained employee group. The formula for calculation for any future Pilot profit sharing program will be no less favorable as any historic formula used for calculation of any year-end bonus program.

M. Stock Purchase

If the Company develops an employee stock purchase program, Pilots will be able to participate at the same level as management and all other eligible Company employees.

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N. Travel Privileges

1. Upon request, the Company shall meet with the Union at least once per year to discuss the Travel Privileges afforded the Pilots.

2. The Company shall work in good faith to negotiate Travel Privileges for each and every Pilot with all Code Share Partners. Such Travel Privileges shall be subject to the rules, eligibility, and restrictions as governed by each Code Share Partner.

3. Each and every eligible Pilot shall have access to the Jumpseat on all flights operated by the Company, in compliance with applicable statutes and Company policy.

4. The Company will provide each and every Pilot at least a $100 annual credit toward any applicable and incurred Travel Privilege enrollment fees.

5. The Company shall negotiate in good faith for ZED fares for all Pilots, and qualified dependents per the applicable ZED fare participant’s rules and regulations.

6. The Company will publish all Company-related Travel Privileges, including Travel Privileges associated with each Code Share Partner. The Company shall make available to each Pilot an Airline Interline/Code Share Agreement List, updated when there are substantial changes. The Travel Privileges provided by our Code Share Partners for the Pilots will be no less favorable than any privilege afforded to all other employee groups of the Company not covered by this Agreement, except as limited by the governing Code Share Partner providing said Travel Privileges to the Company.

7. Each and every Pilot who abuses the Company’s the Code Share Partners’ Travel Privileges or violates the Company’s travel policy shall be subject to loss of Travel Privileges and may be subject to discipline up to and including termination.

8. Retirement Travel

a. Pilots who have retired from the Company in accordance with the Company’s retirement policy as defined by the Associate Handbook, shall be entitled to maintain the Travel Privileges then afforded to retirees of other employee groups to the extent permitted by law and each applicable Code Share Partner.

b. In the event of the death of a Pilot, the surviving Spouse or domestic partner, and qualified Dependents, will be entitled to retain his current Travel Privileges for the remainder of the current eligibility period, to the extent permitted by law and as governed by each applicable Code Share Partner.

9. Jumpseat Committee

a. The Union will maintain a Jumpseat Committee for the purpose of facilitating reciprocal Jumpseat agreements, subject to applicable laws

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and regulations; provided, however, that final authority for Jumpseat agreements lies with the Company.

b. The Company and the Jumpseat Committee shall share contact information for all Jumpseat agreement airlines and the appropriate escalation points at the Jumpseat agreement airline. The Company shall share any information presented to the Company regarding the jumpseats and the Jumpseat Committee shall do the same for the Company.

c. The Jumpseat Committee shall be the primary contact for the Pilots where there are issues in accessing the Jumpseat on any carriers or if there are any personnel issues related to the Jumpseat. The Company shall authorize the Jumpseat Committee to contact other carriers’ Jumpseat committees to notify the other carriers of any Jumpseat issues. The Jumpseat Committee shall have the support of the Company to resolve any Jumpseat issues.

O. Death Benefits

1. Upon the death of any Pilot, the Company shall pay to the Pilot’s designated beneficiary or estate all compensation and benefits due the Pilot, including any unused PDOs in accordance with Article 8.

2. The Company shall continue to provide existing medical, dental, and vision benefits to the Pilot’s covered dependents, with Company paying 100% of premiums, for three months following the death of the Pilot. COBRA rights shall apply thereafter. If a Pilot shall die while traveling on Company Business the Company shall transport the Pilot’s remains to his home airport within the contiguous United States. The Company shall afford the affected Pilot’s next of kin positive space travel to collect and accompany the Pilot’s remains.

P. Property Damage and Civil Liability Indemnification

1. A Pilot will not be required to compensate the Company for Company property damaged by the Pilot while performing his duties in a professional and responsible manner with the Company.

2. The Company will continue to provide liability insurance covering pilots while in the performance of their duties with the Company. Such coverage shall also apply to civil actions for damages against a Pilot’s estate. It is expressly understood that all indemnification and holding harmless of any Pilot is limited by the terms and exclusions of the Company’s policy with its insurers.

Q. Personal Information Change

A Pilot will immediately notify the Company of any change of address or telephone contact number.

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Article 15 Supervisory Duty/Miscellaneous Flying

A. Management Pilots

1. A Management Pilot is any officer, director, or manager of the Company who is qualified to be a Pilot with the Company and continuously serves in the Flight Operations Department or in a position with direct authority over the Flight Operations Department without having left the service of the Company. Management Pilots, other than Chief Pilot(s) and Assistant Chief Pilot(s), hired by the Company without first being trained and qualified as a Line Pilot by the Company will not be given a Seniority Number until they complete training.

2. Except as provided in the previous paragraph, a Management Pilot shall retain and continue to accrue seniority and longevity.

3. The Company shall publish open Management Pilot positions via the then-current memo system. All qualified Pilots on the Seniority List will be eligible to apply for such positions. Current and qualified employees will be given hiring preference prior to outside candidates.

4. The total number of Management Pilots shall not exceed 5% of the number of active Pilots on the Seniority List. Any Pilot who acquires 12 months of line experience with the Company, or any pilot who is hired as a required Management Pilot under FAR 119, will not count toward the percentage limitation referenced above. In the event the Company identifies a need to increase the number of Management Pilots beyond the above limit, the Company shall request and obtain such approval from the Union prior to increasing the number of Management Pilots. The Union shall not unreasonably withhold its agreement.

5. Among other roles, the Chief Pilot shall serve as primary intermediary between the Pilots and the Company.

6. Prior to candidate selection, the Company shall request and utilize Union input about each candidate that meets the qualifications and is being considered for the position.

7. Current and Ongoing Qualifications

a. Each Chief Pilot shall be qualified on one equipment Type on his certificate within one year from the date he takes the Position.

b. The Company shall develop, maintain, and utilize a mechanism to solicit and receive feedback from Pilots regarding Management Pilots.

c. For each Equipment Type per certificate there must be at least one Assistant Chief Pilot or Chief Pilot who is current and qualified.

B. Flying As A Management Pilot

1. Management Pilots will not be eligible to bid or be awarded any flying through the bidding process.

Commented [JBN1]: Company intent is to ensure that CP and ACP complete annual Line Ops Observations to keep in touch with pilot line issues.

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2. Management Pilots may fly for the purpose of maintaining FAR currency requirements. If any Pilot is displaced due to this section, that Pilot shall be dropped from the affected flying and pay protected for the Trip Pairing.

3. Management Pilots shall not fly as a Captain unless they are Senior to the most Junior Captain on the same Equipment and Certificate, or unless the seniority of the Management Pilot allows him to hold the Status of Captain on that Certificate.

4. Management Pilots may be assigned scheduled flying in lieu of a Line Pilot in the event of an emergency when no other Line Pilots, other than Short Call Reserve Pilots are available or as otherwise provided in this Agreement.

5. No Management Pilot shall fly as Captain with a senior Captain flying as First Officer, unless the Captain flying as First Officer is doing so on a voluntary basis.

6. Management Pilots shall not be allowed to pick up, or otherwise be assigned, Open Time more than 36 hours prior to the Report Time of the Trip Pairing.

7. The Company shall ensure that the Union may validate the flying schedule of Management Pilots through the Crew Scheduling software solution on property. If access to view the flying schedule of Management Pilots becomes unavailable, the Company shall provide the Union the monthly flying schedules of all Management Pilots in a format acceptable to the Union.

C. Return to Flying as a Line Pilot

1. During the course of being a Management Pilot, each and every Management Pilot shall:

a. Maintain a current Standing Bid at all times,

b. Bid for any vacancies or displacements that he chooses in accordance with Article 26, Vacancies,

c. Upon return to Line Flying, he shall resume the Position of his most current award.

2. Each and every Pilot who becomes a Management Pilot prior to completion of his probationary period shall be required to complete his probationary period if he returns to flying as a Line Pilot.

D. Discipline of Management Pilots

A Management Pilot, as defined in Article 15.A.1, who is disciplined by the Company may not avail himself of the grievance and arbitration procedures contained in this Agreement.

E. Miscellaneous Flying

1. Higher Qualifications Recommended Flights

Commented [JBN2]: Current Management Pilots will be grandfathered with their applicable Position in accordance with their seniority. After such placement, they will bid positions and will be awarded in accordance with the agreement going forward.

15-3

a. The following are considered “Higher Qualification Recommended” flights: certain Operational Check Flights and any flight which intentionally involves any of the following:

(i) In-flight shutdown of an engine

(ii) Non-normal extension of the landing gear

(iii) Non-normal operation of the flight controls

(iv) Activation of the stall warning system

(v) Flight involving any unusual flight attitudes (+/- 30 degrees pitch and +/- 60 degrees bank)

(vi) Any similarly higher-risk activity

b. Each and every Pilot assigned to a flight under 15.E.1.a, who after reviewing all facts and information regarding the flight has a safety concern regarding the operation of that flight, shall discuss the specifics with the Director of Operations or his designee. The Company shall not unduly influence the decision of the Pilots or subject the Pilots to any disciplinary or punitive actions if after the discussion the pilot believes the flight is beyond his personal level of comfort.

c. Flight Environment

(i) All “Higher Qualification Recommended” flights must depart and arrive at an airfield with weather minimums appropriate to the situation.

(ii) With the exception of normal takeoffs and landings, all maneuvers and actions described in 15.E.1.a.i through 15.E.1.a.v shall be performed in VMC and with surrounding weather conditions that allow the aircraft to divert or land at an airfield with weather of at least five statute miles visibility and 1,000 foot ceilings.

(iii) If the Aircraft is being checked for a flight control malfunction or any system that, if it fails, would result in the declaration of an emergency, the flight shall be conducted in weather conditions appropriate to the flight and agreeable to both Pilots.

d. Persons Onboard Aircraft

All “Higher Qualification Recommended” flights shall be performed with at least two Pilots at the controls of the aircraft who are current and qualified in the Equipment being checked under CFR 121 and have agreed to the operation of the flight.

e. The Company shall provide all required documentation to safely perform all “Higher Qualification Recommended” Flights in 15.E.1.a.

Commented [JBN3]: Based on “Reasonable Man” test.

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f. No Pilot shall be required to operate a flight defined by 15.E.1.a.

2. Each and every Pilot may agree to perform an Aircraft system test on the ground that requires any abnormal, non-normal, or non-routine procedure involving the movement of the Aircraft under its own power.

3. Any flying that becomes available on aircraft currently on the Airlines Operating Specifications outside of scheduled flying available to a Line Pilot, except as provided in Article 1.D.2., shall be flown by qualified Pilots on the Company’s Seniority List on a voluntary basis.

4. Pilots may not fly commercially outside the Company so as to reduce the number of available flight hours per month as scheduled in relation to applicable FAA regulations except for flying associated with military, reserve, or guard duties, unless prior approval by the Company is granted.

5. The Company shall not transfer any Company aircraft or schedule any Pilots to fly any trips for airlines that are on strike, unless mutually agreed by the Company and the Union.

16-1

Article 16 Check Airmen

A. Duties

1. A Check Airman is a Pilot, as selected per Article 16.B, who is designated by the Company and authorized by the FAA to administer a Check Event. Check Airmen include, but are not limited to, Line Check Airmen, Proficiency Check Airmen, Standards Check Airmen, FAA Observation Designees, and Aircrew Program Designees.

2. The performance of Check Airmen duties by Line Pilots on the Seniority List shall not cause those Pilots to become Management Pilots.

3. Management Pilots who do not have disciplinary responsibilities shall be permitted to act as Check Airmen. A Director of Operations or Chief Pilot may act as a Check Airman so long as:

a. It is during the first six months of a New Aircraft line operation or the last six months when removing an Aircraft from service with the Company, and

b. There are no other qualified Check Airmen available.

4. In addition to FAA Inspectors, only Pilots who are current, qualified, on the Seniority List, and who are designated by the Company as Check Airmen, may perform the following types of events:

a. Additional Training as directed by the Director of Training if required (e.g. simulator, proficiency check (PC), etc.)

b. Knowledge Validation

c. Procedures Validation

d. Maneuvers Validation (MV)

e. Special Purpose Operational Training (SPOT)

f. Initial Operating Experience (IOE)

g. Line Checks

h. Line Oriented Evaluation (LOE)

i. Line Oriented Flight Training (LOFT) other than Initial, Upgrade, Transition, Bridge, or Requalification

j. Type rating certifications

k. Recurrent training events (e.g. Proficiency Checks (PC), re-qualification checks, AQP, etc.)

Commented [JBN1]: Joint Bargaining Note: First six months begins when aircraft starts scheduled service.

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l. Systems Integration Training (SIT) other than Initial or Upgrade, Transition, Bridge, or Requalification

m. Cockpit Procedures Training (CPT) other than Initial or Upgrade, Transition, Bridge, or Requalification

n. Simulator training in preparation for a Proficiency Check or Type Rating certification, other than Initial, Upgrade, Transition, Bridge, or Requalification

o. Any other training or Check Event that must take place in an Aircraft or simulator, except those events listed in Article 16.A.6

5. All of the events in Article 16.A.4 shall be conducted in Company Aircraft or FAA approved training devices.

6. Except in accordance with Article 16.A.7, a Contract Instructor may only conduct ground and simulator Training Events and he may not conduct any events in an Aircraft.

7. In the event that the Company adds a New Aircraft Type for which there are no qualified Check Airmen, the Company may designate Contract Instructors or Interim Company Check Airmen to perform Training and Checking to the extent necessary, until there is a sufficient amount of Check Airmen. The length of time any Contract Instructor or Interim Company Check Airman can be used, shall encompass no more than an 18 month window from the date of the first revenue flight conducted on the New Aircraft Type. No Contract Instructor may operate any revenue flights other than in a required checking or training role.

B. Selection of Check Airmen

1. The selection and retention of Line Check Airmen (LCA) and Proficiency Check Airmen (PCA) shall be at the discretion of the Company. The Company shall solicit for input on candidates from current Check Airmen, the Professional Standards Committee, and the Training Review Board. The Company may use or solicit the opinions or input from any other department only in direct relation to the reliability and professionalism of the candidate.

2. In addition to Article 16.A., in order to become a Check Airman, Pilots must meet the following:

a. He must be a Pilot on the Seniority List as a current and qualified Captain (if it is not a New Aircraft Type),

b. The Company shall solicit input from a significant sampling of the First Officers who have flown with the Check Airman candidate within the previous six months.

3. A Check Airman who wishes to relinquish his position as a Check Airman, shall give at least a 30 day notice, in writing, of his desire to vacate the position. By mutual agreement between the Pilot and the Company, the effective date of the Pilot’s relinquishment of Check Airman status may be advanced or delayed.

Commented [JBN2]: Joint Bargaining Note: Exceptions are allowed for the first 18 months of operation of a New Aircraft Type. (Company-wide, not just on a certain certificate.)

16-3

4. Each and every Pilot who becomes medically disqualified from line flying may, with agreement of the Company become, or continue to be, a PCA or APD, for a period of time not to exceed 24 months.

C. Scheduling of Check Airmen

1. Proficiency Check Airmen and Aircrew Program Designees

a. A PCA or APD will bid his schedule based on his Seniority in accordance with Article 6, Scheduling. The awarded schedule shall be used for pay purposes only.

b. The Company shall provide the PCA/APDs with the monthly training requirements. A PCA/APD representative will be offered the ability to coordinate the construction of their actual schedules in order to accomplish the training requirements.

c. If the Company requires a PCA or APD to conduct any event(s) in a simulator, the Check Airman will be removed from all Trip Pairings, or portions thereof, that conflict with the simulator event(s).

d. No Check Airman, PCA, or APD will be scheduled or rescheduled to:

(i) Fewer consecutive days off than specified in Line Construction in Article 6, Scheduling,

(ii) More than six consecutive days of work, including travel, or

(iii) Less than the minimum number of days off per bid period for a Line Holder in accordance with Article 23, Hours of Service.

e. All provisions of Article 16.C.1.d may be waived by each Check Airman, PCA or APD.

f. Once a Check Airman’s Training Schedule is published for the month, a PCA or APD will not be scheduled to work on any day off without his consent.

g. Any Trip Pairing assigned or reassigned to a PCA or APD must comply with Article 6, Scheduling.

h. A PCA or APD may only be scheduled to a maximum of four Check Events in total per day. These events may consist of a maximum of five hours of Simulator Time and a maximum of eight hours of Pilot Contact Time.

i. The Company will notify a PCA or APD of any change or modification to a scheduled training event as soon as practicable. This notification may be via email, telephone, or any other method acceptable to the Check Airman.

Commented [JBN3]: Joint Bargaining Note: The provisions of 16.C.1 shall apply to all PCA, APD, and any Pilot acting in the capacity of a PCA or APD. “A Check Airman by any other name is a Check Airman”

Commented [JBN4]: Joint Bargaining Note: Ghost bid for line value and days off.

Commented [JBN5]: Joint Bargaining Note: To rotate between PCA/APDs in a manner that is fair.

Commented [JBN6]: Joint Bargaining Note: Specific reference required when Article 6 is complete

16-4

j. Each and every PCA and APD will be scheduled to bid and shall fly an awarded line in accordance with Article 6, Scheduling, on average, every fourth month or the equivalent thereof on an annual basis. Those Check Airmen who are medically disqualified shall be exempt from this provision.

k. The Company will publish the PCA and APD monthly schedule no later than 5:00 p.m. local Headquarters time on the 24th Calendar Day of the prior month.

2. Line Check Airmen

a. A LCA will bid his schedule based on his Seniority in accordance with Article 6 (Scheduling).

b. An LCA will not be scheduled to work on any day off without his consent.

c. Each and every LCA who is required to perform OE or a Line Check will be notified of such by the Company as soon as practicable prior to the event. The notification shall include the name of the Pilot, contact information of the Pilot, the reason for the OE, and the flight segments of the OE.

D. Travel and Accommodations for PCA and APD Simulator Events

1. The Company shall provide positive space round trip travel from the PCA or APD’s home of record, unless another location is otherwise agreed to by the Director of Training, to PCA and APD simulator events. When traveling on a code share partner, travel shall be in accordance with code share agreements.

2. In lieu of the positive space travel in 16.D.1, the Company may offer the Check Airman a rental car to drive to and/or from the training event.

3. In lieu of the positive space travel in 16.D.1 and the rental car in 16.D.2, the Company may opt to allow the Check Airman to use his own personal vehicle to drive to and/or from the training event.

4. The Check Airman may select which one of the travel methods, offered by the Company from 16.D.1 through 16.D.3, he will utilize.

E. Compensation

1. Each and every Check Airman and Line Pilot Instructor shall be paid the following hourly rate, based on their highest qualification, in addition to the rates listed in the applicable tables attached to Article 3 for all time spent performing Check Airmen or Line Pilot Instructor duties, as provided in paragraph 16.E.2:

a. Line Check Airman $22.00 per hour

b. Proficiency Check Airman $23.00 per hour

c. APD/FAA Observation Designee $24.00 per hour

d. Line Pilot Instructor $18.00 per hour

Commented [JBN7]: Joint Bargaining Note: Intent is to fly a line every fourth month unless the training schedule requires him to perform Check Airman duties. (EX. Could be in SIM 4 months in a row and then fly line for 2 months in a row.)

Commented [JBN8]: Need to verify date with Article 6 Scheduling.

Commented [JBN9]: Joint Bargaining Note: The provisions of 16.C.1 shall apply to all PCA, APD, and any Pilot acting in the capacity of a PCA or APD. “A Check Airman by any other name is a Check Airman”

Commented [JBN10]: Joint Bargaining Note: The Director of Training shall make similar allowances for all PCA’s or APD’s regarding travel exceptions.

Commented [JBN11]: Joint Bargaining Note: Company is not obligated to offer all three. Company offers, CKA selects from those offered.

Commented [JBN12]: Joint Bargaining Note: Not to be confused with a permanent employee hired as an Instructor.

16-5

e. The rates specified in paragraphs 16.E.1.a through 16.E.1.d. shall be increased by 1% on each anniversary of the effective date of this Agreement.

2. The Check Airmen duties referred to in Article 16.E.1 are: all oral examinations, knowledge validations, procedures validations, simulator and flight pre-briefings, simulator and flight post-briefings, Simulator Events, OE, Line Checks, Conference Calls, Standardization Rides, Check Airman meetings, required Check Airman events, and any other training related duties assigned by the Director of Training.

3. All Check Airmen duties, as described in Article 16.E.2, shall be paid in accordance with Article 16.E.1, at the greater of scheduled or actual time spent in the performance of Check Airman duties.

4. Check Airman will be paid for all deadhead travel to and from every training event which he is conducting, to and from every Check Airman meeting, and to and from any required Check Airman event. This pay will be exclusive of any other pay for duty performed that day.

5. A PCA or APD will be pay protected for the value of his line as defined in Article 16.C.1.a if removed for the month, or portion thereof, to perform Simulator events.

F. Line Pilot Instructors

1. In order to provide Aircraft specific instruction, each and every Line Pilot Instructor must have six months of line experience in the Aircraft Type in which he is instructing.

2. Each and every Line Pilot Instructor will bid a schedule in accordance with Article 6, Scheduling. Any day where he is scheduled as an instructor shall be added as pre-awarded days on his schedule. He and the Company can agree on an alternate method.

3. Each and every Line Pilot Instructor shall not be required to instruct more than five hours in the simulator per day.

4. Each and every Line Pilot Instructor shall not be required to have more than ten total hours of pilot contact time per day.

5. Each and every Line Pilot Instructor shall provide not less than 30 days’ notice before relinquishing his position as a Pilot Instructor.

6. Each and every Line Pilot Instructor will be scheduled to bid and shall fly an awarded line in accordance with Article 6, Scheduling, on average, every fourth month or the equivalent thereof on an annual basis.

Commented [JBN13]: Joint Bargaining Note: On days which only DH is performed it is considered a day of work and no additional pay is credited. Not valid for a CKA commute.

Commented [JBN14]: Joint Bargaining Note: Not applicable to Initial Cadre.

17-1

Article 17 Bases

A. General

A Base is an airport where Pilots are stationed. This is the place from which a Pilot’s Duty and Assignments are calculated to begin and end. For any Base, there shall be only one designated report facility for any Pilot, except that a Co-Base shall have a single designated report facility per Airport in the Co-Base. No Pilot shall ever be required to report to any location other than his Base.

B. Bases

1. Large Bases are defined as any Base with at least 45 awarded Hard Lines per Equipment and Certificate (not including Composite Lines or Reserve Lines) available for bid. Each and every Large Base must either operate as an Airline Hub or connect that Large Base with at least two Airline Hubs on routes flown on that Equipment and Certificate, or has a Designated Maintenance Hangar.

2. Regular Bases are defined as any Base with at least 25 awarded Hard Lines per Equipment and Certificate (not including Composite Lines or Reserve Lines) available for bid. No Regular Base shall be opened unless the previous conditions are met or the Union and the Company have come to a mutual agreement. Each and every Regular Base must either operate as an Airline Hub or connect that Regular Base with at least two Airline Hubs on routes flown on that Equipment and Certificate, or has a Designated Maintenance Hanger.

3. Small Bases are defined as any Base that has fewer than 25 awarded Hard Lines per Equipment and Certificate but no fewer than 11 awarded Hard Lines. The criteria for a Small Base shall be the same as for a Regular Base.

4. Base Ratios

a. Until the date on which the Company achieves MOTCP or Single Certificate, the Company will work toward conformity with the following Base Ratios for any future base allocation:

(i) The Company may have a maximum of one and one-quarter Regular Bases for every one Large Base (1.25:1).

(ii) The Company may have a maximum of one Small Base for every two and one-half Large Bases (1:2.5).

b. On the date MOTCP or Single Certificate has been achieved, the ratios in Article 17.B.4.a will adjust to the following:

(i) The Company may have a maximum of one and one-half Regular Bases for every one Large Base (1.5:1).

(ii) The Company may have the greater of the number of Small Bases in existence at the time of MOTCP or Single Certificate, or a maximum of one Small Base for every two Large Bases (1:2).

Commented [JBN1]: JBN: For airports with multiple passenger terminals, this could be the combination of any number of terminals. If the report location is anything other than the main area that passengers are serviced, there may be only one report location. Eg. Hanger, FBO, etc.

Commented [JBN2]: JBN: Training Article 10. Any Pilot with is assigned multiday training will be offered a hotel. Any Pilot who accepts a hotel during training will be paid per diem.

17-2

c. Bases utilized to support any fleet that has fewer than 40 scheduled aircraft lines of flying shall not be included in ratio calculations under Article 17.B.4.a and Article 17.B.4.b. The Company shall only open Large Bases, Regular Bases, or Small Bases applicable to this paragraph. There shall be a maximum of two Fleets applicable to this paragraph at any given time.

5. Isolated Bases

a. Any new Base that cannot be opened as a Large Base or Regular Base may be opened as an Isolated Base, but only if each of the following conditions are met:

(i) The Base has less than 25 Hard Lines per Bid Month,

(ii) The Base has at least two Company Aircraft to cover the flying assigned to the new Base. The Company shall be allowed three months to place both Aircraft into service,

(iii) The Aircraft and flying assigned to the Isolated Base must be a result of expansion, growth, or a significant realignment of Customer flying.

(iv) The staffing of the Isolated Base could not be accomplished by overnighting crews in the Isolated Base or by having the Pilots join the trip at another Base or Airline Hub,

(v) The Isolated Base is not within a 50 nautical mile straight-line distance of an existing Base on any Equipment, and

(vi) The Base is the airport with the most number of departures supporting the flying as referenced in Article 17.B.5.a(iii).

b. All Vacancies and staffing of any Pilots in an Isolated Base shall be filled with volunteers only, except that New-Hire Pilots may be awarded a Vacancy in an Isolated Base in accordance with his Standing Bid Award.

c. The Company cannot restructure, or close and then re-open, any Base as an Isolated Base to circumvent any provisions of this section.

d. Isolated Bases will not be included in the ratio calculations under Article 17.B.4.a and Article 17.B.4.b.

6. Reserve Base

a. Reserve Bases are Bases opened with the sole intent of being staffed with Reserve Pilots only. There will be no scheduled Pairings built for bid in a Reserve Base.

b. The Company shall only open a maximum of two Reserve Bases per Certificate and they may contain a maximum of 11 Pilots in each Status per Base.

Commented [JBN3]: JBN: The intent is to prevent “street captains” from being hired to circumvent the CBA.

17-3

c. The Reserve Base must be located in an Airline Hub or where the Company has a Designated Maintenance Hanger.

d. Reserve Bases may be converted to another Base Type, subject to the ratios in Article 17.B.4.a and Article 17.B.4.b.

e. All Vacancies for a Reserve Base shall be filled with volunteers only. No Pilot may be Involuntarily displaced to a Vacancy or forced to fill the Vacancies in a Reserve Base, except that New Hire Pilots may be awarded a Vacancy in a Reserve Base in accordance with his Standing Bid Award.

f. Reserve Bases will not be included in the ratio calculations under Article 17.B.4.a and 17.B.4.b.

7. Foreign Base

a. If the Company decides to establish a Base outside the Contiguous United States, in addition to the requirements of Article 17.C, the Company and the Union will meet to negotiate all specific additional considerations reasonable and necessary to facilitate the opening and staffing of that Base in accordance with Article 1.E.

b. No Pilot shall be Involuntarily Displaced to or otherwise required to fill an opening in a Foreign Base, except that New Hire First Officers may be awarded a Vacancy in a Foreign Base in accordance with his Standing Bid Award. Captains upgrading to a Foreign Base shall be exempt from the protections of Article 26.D.11.

8. Temporary Base

a. Temporary Bases are Bases opened with the sole intent of filling a temporary need for flying. Each certificate shall be limited to two Temporary Bases in any 12 Bid Month period. Each Temporary Base may be open for no more than three consecutive bid months.

b. Temporary Bases shall contain no more than 11 Pilots in each Status each month, unless mutually agreed upon by the Company and the Union.

c. Temporary Bases shall only be filled with Temporary Vacancies.

d. The Company and the Union may mutually agree to extend the period of time in which a Temporary base may stay open as referenced in Article 17.B.8.a.

e. Temporary Bases may be converted to another Base Type, subject to the ratios in Article 17.B.4.a and Article 17.B.4.b. Staffing for the new Base type will be completed as though it was a New Base per the Article 26. If a Pilot is not awarded the Base through the Vacancy Bid he shall return to his awarded Base.

17-4

f. Temporary Bases will not be included in the ratio calculations under Article 17.B.4.a and Article 17.B.4.b.

9. Co-Bases

a. Co-Bases are defined as any combination of Airports established for the purpose of scheduling geographical flying to improve quality of life and operational productivity.

b. When the Company wishes to implement a specific Co-Base, they will meet with the Union to negotiate an LOA for that specific Co-Base. Within 15 calendar days of reaching an agreement on an LOA the Union shall put the LOA out to the entire Pilot group for a majority vote. The vote shall be conducted in the following manner:

(i) Pilots who are based in any Base that is a part of the proposed Co-Base shall vote on the LOA. If a majority of the affected Pilots vote in the affirmative, then a separate vote to all of the Pilots shall be made.

(ii) Votes shall be conducted in an expedited manner in accordance with the Union bylaws.

c. The LOA will include at a minimum the following:

(i) A list of Airports that will constitute the Co-Base,

(ii) The Reserve callout periods specific to each Airport within the Co-Base,

(iii) The stipend and/or authorized Pilot commuting expenses specific to each Airport within the Co-Base which is not designated as his main Airport to include at least tolls and/or transportation.

d. Once a Co-Base LOA is approved by the Union membership, that Co-Base shall be considered opened the first month following such approval in which the Co-Base pairings have been constructed, but in no case less than 30 days after the LOA is approved. If the Co-Base LOA is not approved then the Company shall not implement the Co-Base.

e. A Pilot will designate his main Airport within a Co-Base.

f. All Trips will begin and end at the same Airport.

g. Each and every Pilot based in a Co-Base will have the option to enter a preference in FLiCA for specific pairings that start at a specific airport within a Co-Base.

h. A parking pass will be made available for each and every airport in the Co-Base to each and every Pilot in a Co-Base at no cost to the Pilot, if requested, or if a parking pass is not available, such parking will be reimbursed through the employee expense reimbursement process.

Commented [JBN4]: JBN: The Company and the Union agree that there will be a six month moratorium on Co-Bases from the Date of Signing of the Agreement.

Commented [JBN5]: JBN: When adding an Airport to a Co-Base, a new LOA shall be required before the Airport can be included in the Co-Base. This new LOA will be solely for the addition of the Airport to the Co-Base. If the LOA passes, the Airport shall be added to the Co-Base. If it does not pass, the Airport shall not be included in the Co-Base and the Co-Base shall remain as it was.

17-5

C. Opening Bases

1. A Base of any type may be opened in accordance with the criteria and ratios provided in Article 17.B.4.a and Article 17.B.4.b, except that the Company shall not open any Base as a Small Base, unless the Base is an Airline Hub or has a Designated Maintenance Hangar.

2. When opening a new Base the Company shall have the following time frame to meet the criteria of the Base Type:

a. Large Base – Six months

b. Regular Base – Four months

c. Small Base – Three months

d. Reserve Base – Criteria met on date of opening

e. Isolated Base – Criteria met on date of opening

f. Temporary Base – Criteria met on date of opening

3. All new Bases shall be considered opened no later than the departure of the first flight from that Base with a Captain or First Officer that is awarded a Standing Bid filling a Vacancy in that Base.

4. Excluding Temporary and Reserve Bases, the Company shall provide a minimum of a 60-calendar day notice to the Pilots and Union prior to the first day of the first Bid Month of any New Base (Open Date). If the Company chooses to open a Base in advance of the Open Date the Base shall be staffed by Temporary Vacancies.

D. Adjusting Base Type

The Company and the Union recognize that the staffing of a Base may fluctuate periodically, and the Company would be required to adjust a Base designation under the following conditions:

1. Once an established Base Type meets the criteria of a larger Base Type designation, it shall be adjusted to that larger Base Type (for the purposes of ratio calculation in Article 17.B.4.a and Article 17.B.4.b) once that designation has been met for five consecutive months.

2. Once an established Base Type meets the criteria of a smaller Base Type designation, it shall be adjusted to that smaller Base Type (for the purpose of ratio calculation in Article 17.B.4.a and Article 17.B.4.b) if any of the stated criteria defining a larger Base Type in Article 17.B has not been met for five consecutive months.

3. A Large or Regular Base may not be reduced to a Small Base unless it has been continuously open for at least 18 consecutive calendar months and has met the staffing requirements of Article 17.B.1 or Article 17.B.2 each of the previous 18 consecutive calendar months.

17-6

E. Closing Bases

1. The Company and the Union recognize that the staffing of a Base may fluctuate periodically, but in the interest of stability, the Company would not be required to close a non-conforming Base unless any of the stated criteria defining a Base in Article 17.B has not been met for at least five consecutive months or the ratios in Article 17.B are not met Company wide.

2. The Company shall provide a minimum of a 60-calendar day notice of any closure or forced reduction of staffing in any Base. If, however such notice is less than 60 calendar days, the affected Pilots will be considered TDY to their new Base for the balance of days remaining in the 60 calendar day notice.

3. No Pilot shall be considered Based in two Bases during any one Bid Period.

F. Crew Rooms

1. The Company shall provide standard Crew Room facilities at each Base. In addition, the Company shall provide standard Crew Room facilities at Airports where the Company operates more than 30 departures per day that may not be a Base where the Company can secure acceptable facilities.

2. The Company and the Union shall meet jointly on an annual basis to review the standard provisions for each facility including size and location of available crew room facility, appropriate technology, storage, and furnishings.

3. Crew Room facilities at each Base shall consist of:

a. Sufficient access to the Internet on Company provided devices capable of performing Company business,

b. Adequate seating and furnishings consistent with facility size and that accommodates the regular flow of crews at the airport,

c. A telephone with dial-out access to toll-free numbers and direct dial to the Company,

d. At least one 43 inch or greater television and DVD player (or other similar technology),

e. Secure storage facilities for bags and flight cases,

f. At least one refrigerator and microwave,

g. At least two work tables with seating appropriated to the table,

h. If Pilots or employees report issues with rodents, bugs, or other infestations, the Company shall immediately seek to resolve the problem through commercial means,

i. The Facility shall be cleaned (vacuum, mopped, tables wiped, microwave, and refrigerator cleaned, trash removed, etc.) a minimum of once every week.

Commented [JBN6]: JBN: The intent is that a Pilot shall only be “based” in a single base during any bid month. Short-Term assignments to Temporary Bases, Reserve Bases and TDY will have a pilot in a different base for flying, but their “permanent” base is still in place.

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Article 18 Resolution of Disputes

A. Settlement of Disputes

A Pilot or the Union may file a grievance concerning any interpretation or application of any of the terms of this Agreement by the Company, including that a Pilot has been unjustly disciplined or discharged, which dispute has not been settled or resolved in conference with Company officials, under the dispute resolution procedures as established herein.

B. Union Representatives

When material in a Pilot’s personnel file or training record is relevant to a grievance involving that Pilot, a designated Union Representative shall, upon request, be granted access to such material for purposes limited to that specific grievance. The Company shall not provide any HIPAA protected information to the Union. The Union shall keep the Company informed of the identities of current Union Representatives.

C. Investigative Hearing – Discipline and Discharge

1. A Pilot shall not be disciplined or discharged without just cause and without previously being afforded a hearing before the Chief Pilot or his designee, provided that the Pilot has made himself available for the hearing. A Probationary Pilot may be disciplined or discharged for any reason without recourse to this Article 18.

a. The Pilot shall be notified of the time and place of the hearing and the nature of the matter or incident to be discussed (disciplinary, investigatory, discharge, or other). The notice must specifically reference that discipline may be assessed and that the Pilot is entitled to a Union Representative at the hearing as provided in Article 18.C.1.b. The Union shall be notified at the same time as the Pilot. The Pilot and Union shall be notified pursuant to Article 18.H.

b. The Pilot shall have the right to be accompanied to the hearing by a Union representative of his choice. One additional Union representative may be present at the hearing if he has specialized knowledge of the issue. With prior approval of the Company, up to two Union Stewards in training may accompany the Union representative to the hearing. Unless the Pilot waives his right to Union representation, in no case will the hearing be held without Union representation if such representation is requested and is available within a reasonable period of time.

c. Teleconferencing may be used in lieu of “in person” investigatory hearings upon mutual consent of the Pilot, Company, and Union.

d. The purpose of an investigatory hearing is to provide the Pilot an opportunity to provide relevant facts and mitigating circumstances regarding his situation prior to the disposition of his case.

Commented [JBN1]: Access to personnel file is granted with written permission of the Pilot.

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2. Nothing herein shall prevent the Company from holding a Pilot out of service with pay until a meeting has been held and a decision arrived at in writing by the Company.

D. The Grievance Process

1. Discipline and Discharge

a. Within 15 Calendar Days of the investigative hearing prescribed in Article 18.C, the Company shall provide the Pilot and Union with a copy of its written decision regarding the incident or matter that was the subject of the hearing. The Pilot and Union shall be notified of this decision pursuant to Article 18.H.

b. From date of the Pilot’s receipt of the written decision, the Pilot or Union shall have 15 calendar days to grieve the decision. The Union will submit the grievance, including the grievance fact sheet, to the V.P. of Labor Relations or his designee.

c. The parties shall meet monthly to discuss pending disciplinary grievances. Within 15 calendar days of the monthly meeting, the Company shall render a final written decision in the matter. The Pilot and Union shall be notified of this decision pursuant to Article 18.H.

d. If the Company’s decision is adverse to the Pilot, the Union may appeal the decision to the System Board of Adjustment within 30 days of the date of the decision by the Company in accordance with Article 18.D.1.c.

2. Non-Disciplinary Grievances

a. A Pilot, or the Union on behalf of a Pilot or group of Pilots, may file a grievance concerning any action of the Company affecting him or them. As an eligibility requirement to filing such a grievance, the Pilot or the Union will discuss the matter with his supervisor. This discussion shall be memorialized in writing, via e-mail, to his supervisor, the Union, and the V.P. of Labor Relations, and delivered to the designated e-mail addresses. For group grievances filed by the Union on behalf of the Pilots, the Union shall deliver said notice to the Director of Operations. Such meeting or correspondence will occur within 30 calendar days of the date the Pilot or Union knew, or reasonably should have known, of the event(s) giving rise to the grievance.

b. Non-Disciplinary Grievances shall be in writing, signed by the affected Pilot or Union official, and shall state the date of the correspondence as required in Article 18.D.2.a, the facts in detail upon which the claim is based, identifying the specific provisions of the Agreement claimed to have been violated, and a statement of the relief sought. Incomplete grievances will not be accepted. The grievance must be submitted to the VP of Labor Relations within 45 calendar days from the time the Pilot or Union knew, or reasonably should have known, of the event(s) giving rise to the grievance

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c. The grievance shall then be discussed at next Grievance Settlement Conference as applicable.

d. Following the Grievance Settlement Conference, the Company shall notify the Union of its decision, in writing, regarding the matter. Notification to the Union shall be pursuant to Article 18.H.

e. If the Company denies the grievance, the Union may appeal the Company’s decision to the System Board of Adjustment within 60 calendar days of the date of the decision by the Company in accordance with Article 18.D.2.d.

E. Grievance Settlement Conferences

1. Unless the parties agree to by-pass the Grievance Settlement Conference, each case shall be submitted to the Grievance Settlement Conference pursuant to the procedures outlined below. At least once per quarter, the Union and Company shall meet to discuss all pending cases. Whenever possible, the parties shall meet monthly.

2. The Union shall notify the Company five days prior to the date of the Grievance Settlement Conference of the cases to be discussed.

3. The Grievance Settlement Conference shall be informal and without the assistance of a designated mediator. The presentation of evidence is not limited to that presented at any previous step of the grievance process. The rules of evidence will not apply and no transcript of the Grievance Settlement Conference will be made.

4. Within 10 days of the Grievance Settlement Conference, the Company shall notify the Union, in writing, of its decision in each case discussed. Notification to the Union shall be pursuant to Article 18.H. For cases that are settled, the settlement agreements shall be reduced to writing and signed by both parties.

5. The Union may appeal the Company’s decision(s) to the System Board of Adjustment any case not resolved at the Grievance Settlement Conference, pursuant to the time limits stated in Article 18.D.2.e.

6. Nothing in this Section is intended to prevent the Union and Company from meeting more frequently to discuss or resolve outstanding grievances.

F. System Board of Adjustment (Arbitration)

1. Establishment

In compliance with Section 204, Title II of the Railway Labor Act, as amended, there is hereby established a System Board of Adjustment for the purpose of adjusting and deciding disputes which may arise under the terms of the Agreement and which are properly submitted to it, which Board shall be known as the Pilot System Board, hereinafter referred to as the “Board.”

2. Membership

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a. The Board shall consist of three members, one selected by the Union, one selected by the Company, and one neutral member.

b. The third member neutral shall be selected by mutual agreement of the parties. The Company and the Union, on alternating basis, shall proffer a list of five arbitrators within 30 calendar days of the Board filing. Such arbitrators shall be members of the National Academy of Arbitrators and shall have aviation arbitration experience. The party to whom the list is proffered shall select an arbitrator within 15 calendar days of receipt of the arbitrator proffer list. If a party fails to select an arbitrator from the proffered list, or the parties are otherwise unable to agree on the selection of an arbitrator, either party may request the National Mediation Board to provide the parties with a panel of seven neutrals who are members of the National Academy of Arbitrators with aviation arbitration experience. The parties shall, by the alternate strike method, select an arbitrator from the panel within 15 calendar days of receipt of the panel. The party who proffered the original list of arbitrators or whose turn it was to do so shall have the first strike from the National Mediation Board panel.

c. The Board hearing shall convene within 60 calendar days following the selection of the arbitrator if the arbitrator proffers available dates within the time period prescribed. If the arbitrator is not available within 60 calendar days, the hearing shall convene as soon as possible thereafter. In the event that the arbitrator is not available within six months of selection, the parties may agree to select another arbitrator in conformity with Article 18.F.2.b.

3. Jurisdiction

The Board shall have jurisdiction over disputes concerning any employee covered by this Agreement and the Company growing out of grievances or out of interpretation of any of the terms of this Agreement. The Board shall consider any dispute properly submitted to it by the Union when such dispute has not been previously settled in accordance with the terms provided for in this Agreement. The jurisdiction of the Board shall not extend to changes in hours of employment, rates of compensation, or working conditions covered by existing agreements between the parties herein.

4. Submission of Dispute

All submission of disputes properly referred to the Board for consideration shall be addressed to the Board with one copy each to the Company and the Union, and one copy for each member. One copy of the submission shall be submitted to the neutral third member. Such submission shall show:

a. Question or questions at issue,

b. Statement of facts,

c. Position of the Union,

d. The understood position of the Company, and

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e. The relief sought.

5. Documents, Witnesses, Evidence, and Representation

a. The Union will designate its representative and the Company will designate its representative. Evidence may be presented either orally, or in writing, or both.

b. The Board shall, when requested by the Company representative, by the Union representative, or by an individual member of the Board, summon any witnesses who are employed by the Company or the neutral member may direct the production of relevant documents deemed necessary by either party to the dispute or by a Board member. Nothing herein shall prohibit an arbitrator from summoning a non-employee witness upon request of either party.

c. The number of witnesses summoned at any time shall not be greater than the number that can be spared from the Company’s operation without interference with the services of the Company. Witnesses may be called telephonically if required.

6. Decisions Final

A majority vote of all members of the Board shall be competent to make a decision. Decisions of the Board in all cases properly referred to it shall be final and binding upon the parties. Board findings and decisions shall be in writing and shall be rendered as soon as practicable after the close of the hearing.

7. Location of Board Hearings

The Board shall meet in the city where the Company’s general offices are located unless the parties mutually agree to a different location.

8. Rights and Privileges of Parties

Nothing herein shall be construed to limit, restrict, or abridge the rights and privileges accorded to the Pilots, the Union, the Company, or their representatives, under provisions of the Railway Labor Act, as amended.

9. Expenses - Board Members/Witnesses

a. The expenses of compensation of the neutral member will be borne equally by the parties. Each of the parties will assume the compensation, travel expenses of their Board members, witnesses, and representatives.

b. The grievant (whether an employee of the Company or not), employee witnesses, employee Board Members, and representatives who are employees of the Company shall receive free transportation on the lines of the Company, from their point of duty or assignment to the point at which they must appear as witness or representatives, and return, so far as space is available, to the extent permitted by existing policies and travel agreements and law.

Commented [JBN2]: The Company shall pre-award all witness requests by the Union.

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c. Employee Board members shall, when attending meetings or hearings of the Board, receive on-line Company business positive space passes for Company transportation to the extent permitted by travel agreements and law.

d. Should a hearing be postponed or canceled without mutual consent of the Company and the Union, the party requesting such postponement or cancellation shall bear any and all cancellation fees and/or expenses incurred by the neutral member.

10. Stenographic Report

When it is mutually agreed that a stenographic report is to be taken of any three-member Board hearing, the cost will be borne equally by both parties to the dispute. In the event it is not mutually agreed that a stenographic report of proceeding will be taken, any transcripts made by either party shall be furnished to the other party upon request, provided that the stenographic costs shall be borne equally by both parties. No stenographic report or other recordings are permitted at other hearings except by mutual agreement in advance.

11. Freedom to Discharge Duties

Each Board member shall be free to discharge his duty in an independent manner without fear that his individual relations with the Company, with the Pilots, or with the Union, may be affected in any manner by any action taken by him in his capacity as a member of the Board.

G. Resolution of Disputes - General

1. Any time limits prescribed in this Article may be waived by mutual consent of the Company, on the one hand, and the grievant or the Union on the other. If any hearing or decision required of the Company under the provisions of this Article is not provided within the time limits prescribed herein, or any extension mutually agreed upon, the Pilot may consider the grievance denied and it shall automatically be appealed to the next step in the grievance procedure as specified in this Article.

2. A Pilot shall be on probation for the first twelve months of active service with the Company. Nothing in this agreement shall be construed to extend the right to arbitrate a grievance concerning his discipline or discharge to a probationary Pilot, or to require that such discipline or discharge be based on just cause. However, a probationary Pilot shall have the right to submit grievances.

3. If, as a result of any hearing or appeal therefrom as provided herein, the Pilot is exonerated, he shall if he has been withheld from service, be reinstated without loss of Seniority or Longevity, and shall be paid for such time lost in an amount which would have ordinarily been earned had such Pilot been continued in service, during such period. The personnel records shall also be cleared of any and all charges related to that matter.

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4. The Board shall have the authority to order a party to comply with any provision(s) of the Agreement as necessary to remedy or correct violations or to require specific performance of a provision of the Agreement.

5. The periods of time for hearings, decisions, and appeals established in this section shall be considered as maximum periods and that when hearings, decisions and appeals can be handled in a period of less than the maximum time stipulated, every effort will be made so as to expedite such cases.

6. The procedures set out in this Article shall be followed only in cases pertaining to and covering alleged grievances, disputes, claims, and causes of action arising or accruing and filed subsequent to the effective date of this Agreement.

H. Notices

As applicable, all notices required under this Article shall be made via:

1. The Pilot’s Company email account, and

2. The Union’s designated email accounts, and

3. Telephone, to the phone number designated by the Pilot, and

4. Any other method mutually agreed upon by the Company and the Union, and

5. In the event a Pilot is terminated, notice shall be mailed to his address of record, via overnight delivery with signature required.

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Article 19 Dues Checkoff and Union Security

A. Union Membership

As a condition of employment all employees of the Company who are covered by this Agreement shall, not later than the first month after the effective date of this Agreement, and monthly thereafter, either tender to the Union directly or authorize the employer to check off periodic and uniformly required Union initiation fees, dues and assessments or in the alternative, service fees in an amount not more than the amount of initiation fees, dues and assessments. It shall be a condition of employment that all crewmembers of the Company covered by this Agreement and hired on or after its effective date shall, prior to the end of the fourth complete calendar month following the beginning of such employment, become and remain members in good standing in the Union, or in the alternative, tender to the Union monthly dues required of the Union members, such sums to be recognized as “Service Fee”. If the Pilot has authorized dues check-off, dues, assessments, and fees shall first be deducted from the Pilots paycheck on the 15th of the fourth complete calendar month after the Pilot was hired.

B. Initiation Fees and Dues Deduction

1. The Company shall deduct from the wages of any employee covered by this Agreement said employee’s dues and assessments, or service fee, upon receiving the employee’s voluntary and individual written authorization for the Company to make such deductions, signed by the employee. Such authorization form to be provided by the Union. An employee who authorizes the Company to make said wage deductions shall be allowed to have his initiation fee spread out and deducted over a period of two months with equal monthly payments. It is expressly agreed that no employee shall be deprived of employment under this article for any reason other than his failure to tender or authorize the check-off of periodic dues, assessments and/or initiation fees which are uniformly required as a condition of acquiring and retaining membership in the Union, or service fees and initiation fees, which shall be not more than the dues, assessments and initiation fees uniformly required for the Union members. The Company shall deduct said employee’s dues and assessments in the month in which the employee is recalled from furlough or returns from a leave of absence. In the event the employee is recalled from furlough or returns from a leave of absence after the dues and assessments have been deducted for the month, the Company will make a double deduction in the following month.

2. The Company shall provide the Union with a monthly check-off file. Such file shall be provided in a format acceptable to the Union on the 15th Calendar day of the month and shall include the following fields:

a. Seniority Number

b. Last Name

c. First Name

d. Suffix

Commented [JBN1]: If a Pilot is hired on the first calendar day of the month, dues shall first be deducted on the 15th of the third calendar month following the hire month. If a Pilot is hired on any day other than the first calendar day of the month (e.g. 2-31), dues shall first be deducted on the 15th of the fourth calendar month following the hire month. Example 1: the Pilot is hired on January 1, 2015, dues, fees and assessments should first be deducted from the paycheck on April 15, 2015. Example 2: the Pilot is hired on January 10, 2015, dues, fees and assessments should first be deducted from the paycheck on May 15, 2015.

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e. Status

f. Certificate

g. Equipment

h. Base

i. Original Date of Hire (DOH)

j. Leave of Absence status (A or L)

k. Leave of Absence Start Date (YYYYMMDD)

l. Social Security Number

m. Current Employee Number

n. Chautauqua Employee Number (if exists, or has existed)

o. Republic Employee Number (if exists, or has existed)

p. Shuttle America Employee Number (if exists, or has existed)

q. Date of Hire, Longevity (DOH)

r. Compensation rate (as listed in Ultipro)

s. Title (as listed in Ultipro)

t. Assessment 1 (CNACS)

u. Assessment 2 (UNCFA)

v. Union Pilot dues (UNPO)

w. Union Initiation Fee (UNINT)

x. Current address on file

y. Phone number on file

z. Any additional fields mutually agreed upon by the Company and the Union

3. The Union shall have until the 20th Calendar Day of the month to audit and provide corrections from the monthly check-off file to the Company. Upon notice on or before the 20th Calendar Day of the month, the Company shall correct the check-off information file and check-off payment amount to accurately reflect the monies contractually obligated by this Agreement.

4. Should a deduction be missed, or if an insufficient amount is deducted, the Company will be responsible to make the proper adjustment the following month. In this case, if requested by the Union, the Company shall deduct two times the

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normal amount of dues each month until such time that the Pilot is current on his dues. In the event the Company deducts too much, provided the funds have not been paid to the Union, the Company shall reimburse the Pilot directly, and within 5 business days of notification.

5. The Company shall pay to the proper officers of the Union the wages withheld for such service fees and/or Union dues and assessments. The amount so withheld shall be deducted from guaranteed earnings of the first paycheck (15th of the month) and paid to the Union between the 21st and 25th Calendar Day of the month via check or electronic remittance, or other agreed upon method.

6. The Company and the Union shall meet no less than quarterly to review and/or optimize the dues deduction process.

7. Nothing in this Article shall prevent the Company and the Union from agreeing to alternate methods or amounts of dues payments and/or withholdings.

C. Indemnification Clause

The Union agrees that it shall indemnify the Company and hold the Company harmless from any and all claims which may be made by the employee or employees against the Company by virtue of the wrongful application or misapplication of any of the terms of this Article.

D. Dues Collection After Termination

In the event of termination of employment as a Pilot, there shall be no obligation upon the Company to collect dues until all other deductions have been made. As a part of the Pilot separation / termination process or checklist, the Company shall notify the Union of any Pilot who has separated from the Company, including the official Separation Date.

E. Failure to Pay Dues or Service Fees

1. Each and every Pilot covered by this Agreement who becomes delinquent in the required payment of the service charge or if any Union member becomes delinquent in the payment of dues, the Union may immediately notify such Pilot by certified mail, return receipt requested, with a copy sent by regular U.S. mail and an email copy to the VP Labor Relations, that the Pilot is delinquent in the payment of such service charge or membership dues as specified herein and is subject to discharge as a Pilot for the Company. Such letter shall also notify the Pilot that:

a. The required payment must be remitted within a period of 30 Calendar Days, or

b. The Pilot and the Union may agree to a payment plan, paid directly to the Union, to satisfy the delinquency, or

c. The Pilot will be discharged.

2. If upon expiration of the 30 Calendar Day period the Pilot remains delinquent or has not set up a payment plan in accordance with Article 19.E.1.b, the Union

Commented [JBN2]: Non-adjusted Minimum Monthly Guarantee

Commented [JBN3]: Also meant to cover a transfer to management or another department

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may certify in writing to the VP Labor Relations and copy to the Pilot that the Pilot has failed to remit payment within a grace period allowed and is to be discharged. The VP Labor Relations shall therefore notify the Pilot within ten Calendar Days of the receipt of notice from the Union that he is to be discharged from the service of the Company, of the reason for this action, and of his rights under this section to appeal this decision.

3. A Pilot who is to be discharged as a result of the provisions of this Article shall be entitled to challenge the validity of such action only by using the following procedure:

a. The Pilot must submit his request for a review within ten Calendar Days from the date of notification by the VP Labor Relations as provided in Article 19.E.2. The request must be submitted to the VP Labor Relations. The VP Labor Relations, or his designee, shall review the grievance and render a decision in writing within a reasonable time, not to exceed ten Calendar Days following the receipt of the grievance, with a copy to the Union.

b. The decision of the VP Labor Relations or his designee shall be final and binding on all interested parties unless appealed by either the Pilot or the Union within 30 Calendar Days from the date it was sent. The appeal shall be submitted in writing to the VP Labor Relations who shall, using the procedures contained in Article 18 (Resolution of Disputes) of this Agreement, select an arbitrator to hear the dispute. The fees of the neutral referee and all other costs of the proceeding shall be borne by the Union.

4. During the pendency of an appeal by the Pilot, pursuant to Article 19.E.3.b, a Pilot shall be in non-pay status and shall not be permitted to fly.

5. It is understood that the requirements of Article 19.A shall not apply to a Pilot during periods of time he holds a management position.

F. Employee List

The Company will notify the Union each month of all terminations and leaves (type and dates). The notification will include the employee’s first name, last name, suffix, address, social security number, category, classification, date of hire, and date of termination. Such notification shall be provided to the Union by the 20th Calendar Day of each month for the prior month’s information.

G. Individual Dues Payments

It shall be the responsibility of any employee who is not on a dues/assessments or service fee deduction program to keep his/her membership current by direct payment of monthly dues to the Union.

H. Bulletin Board, V-files, and Union Material

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The Company will provide space for a Union bulletin board in all crew rooms. If the necessary space is not available, the Company will meet with the Union to discuss alternatives.

I. Union Access

The Company agrees that Union Representatives and a designated Local Union employee shall have free access to its operations facilities to transact that which is necessary for the administration of this Agreement. The Company further agrees to provide the Union Representatives with proper ID to enter its operation facilities, if required.

J. Hospitality Committee

1. The Company agrees to formally set aside a mutually agreeable period of time during or immediately after any day but the last day of each New Hire and recurrent classes during which the Union Hospitality Committee may meet with each New Hire and recurrent classes. The Company and the Union will mutually agree upon those committee representatives that will present Hospitality Committee materials during the New Hire and recurrent classes. This approval shall not be unreasonably withheld.

2. At least two days prior to the beginning of each and every New Hire class, the Company will provide the Union the following information regarding each New Hire Pilot:

a. Pilot’s full name (first, middle, last, suffix),

b. Company class date, and

c. Hotel information for the first 10 days of initial employment for that Pilot.

3. The Company shall provide the Union notice of recurrent classes at least two days in advance of the class.

K. Agreement Distribution

1. The Company and the Union shall maintain both a master paper and electronic copy of the Agreement with signatures.

The Company will deliver electronic copies of the entire Agreement to each and every Pilot within 30 days of the finalization of the formatting of the document. The Company shall also provide new-hires with an electronic copy of this Agreement during initial training. All electronic copies shall be available to all Pilots via the Company website, via the Company manual distribution system, and via any style of Electronic Flight Bag that is in use at that time. The electronic copies shall be indexed, searchable, and available offline.

2. The Company will supply electronic copies of any and all changes or amendments to the Agreement for distribution to the Pilots within 14 Calendar Days of signing said changes or amendments. Changes and amendments to the Agreement include but are not limited to the following:

Commented [JBN4]: Electronic copies provided within 15 days of finalization of formatting.

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a. Letter of Agreement (LOA),

b. Letter of Understanding (LOU),

c. Memorandum of Understanding (MOU), and

d. Any other formal or informal agreement, process, or procedural change that materially affects the Agreement or the interpretation of the Agreement.

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Article 20 Uniforms

A. A Pilot shall wear the basic uniform as required by Company regulations at all times while on Duty or in connection with any event or special assignment where the employee is identified as a Pilot with the Company.

B. Basic Uniform and Luggage

1. The Company shall provide all Pilots newly added to the Seniority List with the Basic Uniform as described in 20.B.2, and Basic Luggage as described in 20.B.3, at no cost to the Pilot, inclusive of regular ground shipping costs. The uniform and luggage shall be delivered directly to the Pilot or to a location of his choice, prior to the start of IOE. If a Pilot leaves within the first 12 months of employment from his Date of Hire, he shall be responsible for the cost of the uniform and luggage.

2. The Basic Uniform consists of the following items:

a. Two pairs of uniform pants, and

b. Four white Pilot shirts (short sleeve, long sleeve, or combination thereof), and

c. One tie, and

d. One hat, and

e. One blazer, and

f. One outerwear garment, and

g. Two sets of First Officer wings, and

h. One hat badge, and

i. Two pairs of First Officer epaulettes.

3. Basic Luggage consists of the following items:

a. One Company approved roll-aboard style bag (Luggageworks “Stealth” bag or similar), and

b. The choice of:

(i) One tote bag, or

(ii) One rolling tote bag, or

(iii) One lunch cooler, or

(iv) One laptop bag, or

Commented [JBN1]: IMPLEMENTATION LOA ITEM: From the date of ratification, all Pilots shall have until their next anniversary date to spend their existing uniform allowance under the rules under CBA 2003. If the Pilots’ anniversary date is within 60 days of the date of ratification, the Pilot shall have up to 60 days to utilize the account. At the Pilots next anniversary date and every subsequent anniversary date, the Pilot shall be eligible to receive the items as defined in 20.F. All Pilots on the Seniority List on the Date of Ratification shall be eligible to the provision specified in 20.D on the second anniversary date of the ratification of the CBA (DOS+2).

Commented [JBN2]: Hotel van, Hotel Lobby, and Job Fairs are considered events. Commuting is not an event, and does not require the Uniform to be worn. The intent is that if the Pilot wears epaulettes, hat or blazer, the Pilot should wear the appropriate uniform for the season. If the uniform is worn, the Pilot shall wear the uniform in compliance with the RAH Pilot Style Guide or Company manuals.

Commented [JBN3]: Allows the Pilot to receive the uniform, obtain tailoring if required, and ensure that the uniform fits before starting IOE. The intent is not that the Pilot shall be able to delay IOE for “custom tailoring”.

Commented [JBN4]: A total of four shirts per longevity year.

Commented [JBN5]: Reference Sample bags document on 11/13/2014. 11/20/2015 - The Company may offer the ability for the Pilot to pay for bag upgrade (e.g. 26” Luggageworks bag). Other lightweight options may be offered.

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(v) One EFB bag

C. Upon completion of upgrade to Captain, the Company shall provide the following items at no cost to the Pilot:

1. One Captain’s hat, and

2. Two pairs of Captain’s epaulettes, and

3. Two sets of Captain’s wings, and

4. The material, labor, and shipping costs associated with adding a fourth Captain’s stripe to an existing blazer.

D. Each Pilot shall be eligible to receive, at no cost to the Pilot, a roll-aboard bag as described in Article 20.B.3.a after he has completed four years of longevity with the Company. Upon request, after four years of longevity following the issuance of the last roll-aboard bag received in accordance with this paragraph, the Pilot shall be eligible to receive a new roll-aboard bag as described in this paragraph, at no cost to the Pilot.

E. The Pilot may wear the official Union insignia pin on a place visible on the Pilot’s uniform. Pilot selectable lanyards and badge backer, as described in the RAH Pilot Style Guide, are permitted to be worn by the Pilot when authorized to wear the uniform.

F. After the first full year of Longevity, and after every year of Longevity accrued thereafter, each Pilot shall be eligible to receive the following items at no cost to the Pilot:

1. Two pairs of uniform pants, and

2. Four white Pilot shirts (short sleeve, long sleeve, or combination thereof), and

3. One tie, and

4. In June of each year, each pilot will receive a stipend of $100.00 to be used toward the purchase basic uniform items.

G. In the event of extraordinary circumstances, nothing in this article is designed to prevent the Company and the Pilot from agreeing on an alternate method or vendor to obtain the items specified in this article.

H. The Company shall meet with the Union to resolve problems involving procurement of uniform and luggage items or before making changes to the uniform.

I. The Company and the Union shall meet to discuss any changes to the basic uniform prior to changes being implemented by the Company, including changes caused by an outside agreement made by the Company.

1. If the Company changes any aspect of the required uniform that would require the Pilot to obtain new or additional uniform items, the Company shall provide the Pilot with all additional required uniform pieces in the quantities specified in Article 20.B.2 and if required, Article 20.C, at no cost to the Pilot.

Commented [JBN6]: As is current practice, it is intended that the pilot may, at their election, choose to wear a tasteful lanyard of their choosing. A union lanyard, sports team lanyard, or an aviation themed corporate lanyard shall be considered acceptable. (Aviation themed examples would be: EADS, Boeing, Embraer, etc.) The badge backers could be union or operations related as commonly worn by our Pilots. This shall exclude any lanyards of competitor airlines.

Commented [JBN7]: The Company has no intention to change current shirt style or manufacturer options from what is available to the Pilots prior to ratification of this Agreement.

Commented [JBN8]: A total of four shirts per longevity year.

Commented [JBN9]: An example is where a Pilot may have size requirements that exceed the vendors (e.g. size 18 feet).

Commented [JBN10]: The intent is to ensure that the Union and the Company work together quickly to resolve uniform issues as they arise.

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2. If a change in Base by a Pilot requires a change of uniform, the Company shall be responsible for supplying the Pilot with any additional required uniform pieces that are specific to that Base, in the quantity specified in Article 20.B.2 and if required, Article 20.C, at no cost to the Pilot.

3. Pilots shall not be required to carry uniform pieces from different uniform versions on the same trip unless they are considered minimal (i.e. tie, epaulettes).

J. Uniform and Luggage Vendors

1. The Company shall select at least five companies as Company approved vendors. At least three of the Company approved vendors shall be approved by the Union; such approval shall not be unreasonably withheld.

2. All vendors shall be subject to change upon mutual consent of the Company and the Union.

3. If an agreed upon item becomes unavailable from an approved vendor, the Company shall source the item from a new vendor. If the item is no longer produced or no longer meets the quality requirements of the Pilots, the Company and the Union shall mutually agree on a replacement item. Such agreement shall not be unreasonably withheld.

4. If the quality of products provided by any of these vendors should change, or if any of these vendors were to change their business model, or go out of business, a replacement vendor shall be selected with mutual agreement of the Company and the Union. Such agreement shall not be unreasonably withheld.

K. Return Policy

1. All unworn and unused items obtained through a Company approved vendor shall be subject to a 30-Calendar Day (from date of delivery), 100% no-cost return/refund policy. The policy includes shipping from the Pilot’s home.

2. This return policy shall include any item that is altered or unaltered, which has a defect or a fabric failure.

3. The items covered by this policy shall include but not be limited to the following:

a. Pants

b. Shirts

c. Hats

d. Blazers

e. Epaulettes

f. Overcoats

g. Ties

Commented [JBN11]: The Company and Union initially agree that the first agreed upon vendors include Murphy & Hartelius, A Cut Above Uniforms LLC, Crew Outfitters Inc. and its subsidiary web stores Crew Outfitters and The Stopover Store, and The Walking Company Holdings, Inc.

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L. Maternity Uniform Policy

1. Pilots who are expectant mothers, or returning mothers, shall be eligible to receive up to three maternity uniforms (Blazer, pants and shirts) at no charge, as requested by the Pilot.

2. The Pilot may exchange the maternity uniform on a one-for-one basis if she requires a size change. If the size of uniform requested by the Pilot is not available, the Pilot may order a new article from any of the Company approved uniform vendors at the Company’s expense. Any uniform item purchased in this manner shall be considered a part of the maternity uniform program and shall not be billed to the Pilot or deducted from her payroll.

3. The Pilot shall not incur any fees associated with receiving or returning any uniform item included in the Maternity Uniform Policy. The Pilot will return all maternity uniform items (via standard shipment or by providing the items to the appropriate manager in the Pilot’s Base) upon completion of the need for such maternity uniforms but no later than nine months after returning to work.

M. Optional Uniform Pieces

1. Company approved aviation themed accessories, as described in the RAH Pilot Style Guide, may be worn in accordance with the appropriate season. Examples would be:

a. Winter accessories (e.g. scarves, gloves, hat) consistent with a professional appearance, and

b. An aviation related pin or tie tack.

2. Patriotic themed, Holiday themed, and any specialty themed tie the Company specifically approves in support of a non-profit cause.

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Article 21 New Aircraft

Should the Company announce its intent to place into revenue service Aircraft other than Aircraft within the Equipment Group for which rates are specified in Article 3 of this Agreement, the rates for that Aircraft will be determined as follows:

A. The Company will give the Union notice of its intent to introduce the new Aircraft at least six months prior to the estimated scheduled revenue service date, or within 30 days after entering into the contract for procurement or lease of the new Aircraft type, whichever is later in time.

B. The parties will meet within 15 days following written request by either party to negotiate rates of pay for such Aircraft. At the first meeting between the parties, an arbitrator shall be selected to negotiate pay rates for a New Aircraft in accordance with the procedures set forth in Article 18. Should negotiations result in an agreement, the new Aircraft will be flown in accordance with the terms of the agreement. If negotiations do not result in an agreement within 30 days from the date of commencement of negotiations, the dispute will be sent to expedited final and binding interest arbitration.

C. The hearing will be conducted as soon as possible but in no event more than thirty days following the conclusion of the unsuccessful negotiations, unless mutually agreed otherwise. The proceedings will not be briefed by the parties. The arbitrator shall issue a bench decision within 2 days after the close of the hearing.

D. If the Union delays the negotiations or the arbitration hearing specified in Article 21 B., nothing set forth in this Article shall prevent the Company from introducing new Aircraft into revenue service before agreement is reached or an arbitration award is issued over the rates applicable to such Aircraft. The pay rates assigned to such Aircraft will be determined by the Company. The final rate, as awarded by the arbitrator will be retroactive to the implementation of the new Aircraft type.

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Article 22 INTENTIONALLY LEFT BLANK

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Article 23 Hours of Service

A. As of the Date of Signing of the Agreement, the Company operates under FAR Part 117 rules for Un-Augmented Operations. Should the Company at any time announce its intention to or actually operate under FAR Part 117 rules for Augmented Operations, the Company and the Union shall agree to appropriate modifications of the Agreement prior to the Company beginning operations under FAR Part 117 rules for Augmented Operations.

B. Rest Periods Limitations

1. Each and every Pilot will be scheduled with a minimum of a 10-hour Rest Period immediately prior to each and every FDP or RAP. This rest period shall allow for at least eight hours of uninterrupted sleep opportunity.

2. In Base, the amount of rest required between Duty periods for Pilots in a Co-Base shall be determined by LOA in accordance with Article 17.B.9.b.

3. Each and every Pilot must be given at least 30 consecutive hours free from all Duty within the past 168 consecutive hour prior to beginning an FDP or RAP.

C. Duty Time Limitations

1. No Pilot shall be scheduled or rescheduled to more than 14 hours of Duty, or as amended by FARs. The Pilot may be rescheduled beyond this limit where the last flight of the Duty Period is a Deadhead.

2. Actual Duty time shall not exceed 16 hours.

3. The combined time of the FDP and the rest opportunity provided for in a Split Duty Period shall not exceed, 14 hours from the Report Time.

4. Each and every Pilot’s Duty Time for a Trip Pairing or Duty Assignment shall commence at the later of the Pilot’s scheduled Report Time or actual Report Time. Duty shall be considered to begin at the beginning of an RAP for any Pilot on SCR or ASR.

5. Report Time shall be scheduled for 45 minutes prior to departure time of the first flight of the day at the Pilot’s Base and 30 minutes at field stations. Report Times may be extended by up to 15 minutes at the Company’s discretion. In extenuating circumstances, a Pilot may be assigned to a flight in which he will not have the required Report Time as specified by this paragraph.

6. Duty time will end after Block In plus 15 minutes or upon completion of any Duty assigned to the Pilot by the Company, whichever is later. If clearing customs, repositioning an Aircraft, or a combination thereof, Duty will end 30 minutes after the final Block In time or cessation of Aircraft movement, whichever is later.

7. Duty Time for Trip Pairings will begin and end at a Pilot’s Base. Pilots who are in a Co-Base will have their Duty Time for Trip Pairings end at the same airport where their Trip Pairing began.

Commented [JBN1]: Said Pilot shall not be subject to any discipline due to a late departure caused by the delayed show time nor shall he be subject to discipline for a missed deadhead as a result of this paragraph.

Commented [JBN2]: Joint Bargaining Note: Open Time / Trip Trades / pick-ups, etc. - the Pilot is considered in that Base for that trip for determining Duty. The intent is to continue practice as today that Company and Pilot can agree to different location (e.g. Pilot lives in DFW and picks up a leg from there.)

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8. Trip Pairings will not be scheduled in excess of five calendar days and shall not exceed 108 hours TAFB.

9. A Duty Period will contain a maximum of six legs. This may be extended to eight legs with the Scheduling Committee’s concurrence on a per instance basis.

10. Except in unusual circumstances, a Duty Period will contain a maximum of three scheduled consecutive round trips to the same destination.

D. FDP and Block Hour Limitations

No Pilot shall be scheduled for more than current FAR limitations, or, as amended, at any future date. As of the date of this agreement the current FAR limitations are:

1. Nine Block Hours in one Duty period,

2. 100 Block Hours in 672 consecutive hours,

3. 1,000 Block Hours in any 365 day period,

4. 60 FDP hours in 168 consecutive hours, and

5. 190 FDP hours in 672 consecutive hours.

E. Days Off

1. The Company will schedule all Pilots with at least 12 Days Off in Base per Bid Period exclusive of long term Training.

2. Each and every Pilot will be scheduled with at least two groups of at least three consecutive days off per Bid Month. All other periods of Days Off will be scheduled as groups of at least two except for the first and last day of the Bid Month, which can be a single Day Off.

3. If any Pilot is unavailable for Duty for a part of a Bid Period, his minimum scheduled Days Off will be prorated in accordance with Table 23-1 of the Agreement. Pilots are considered unavailable if they cannot perform Duty because, e.g. lack of current qualification exclusive of Training, Vacation, or a Leave in accordance with Article 12.

Table 23-1: Prorated Days Off Table

Days Unavailable

30-Day Month 31-Day Month Available Min Days

Off Max Days

On Available Min Days

Off Max Days

On 1 29 12 17 30 12 18 2 28 11 17 29 11 18 3 27 11 16 28 11 17 4 26 10 16 27 10 17 5 25 10 15 26 10 16 6 24 10 14 25 10 15

Commented [JBN3]: Joint Bargaining Note: The intent is that the Pilot may waive the to groups of 3 days off individually.

Commented [JBN4]: Joint Bargaining Note: Lack of current qualification is not because the Pilot began a Training event.

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7 23 9 14 24 9 15 8 22 9 13 23 9 14 9 21 8 13 22 9 13 10 20 8 12 21 8 13 11 19 8 11 20 8 12 12 18 7 11 19 7 12 13 17 7 10 18 7 11 14 16 6 10 17 7 10 15 15 6 9 16 6 10 16 14 6 8 15 6 9 17 13 5 8 14 5 9 18 12 5 7 13 5 8 19 11 4 7 12 5 7 20 10 4 6 11 4 7 21 9 4 5 10 4 6 22 8 3 5 9 3 6 23 7 3 4 8 3 5 24 6 2 4 7 3 4 25 5 2 3 6 2 4 26 4 2 2 5 2 3 27 3 1 2 4 2 2 28 2 1 1 3 1 2 29 1 0 1 2 1 1 30 0 0 0 1 0 1 31 0 0 0

4. Pilots shall not be scheduled and / or rescheduled to perform any Duty, excluding long term Training, for more than six consecutive days without two calendar Days Off.

5. No Pilot will be reduced below his minimum Days Off, in Base, for any reason, with the exception of long term Training, without receiving a replacement Day Off in the same month or in the following month.

a. Any Pilot who has lost any part of a block of only two Days Off may choose to have his Day(s) off restored at the end of that block; or,

b. Any Pilot who has lost a Day(s) Off may choose to restore the Day(s) Off by attaching to another block of Days Off of his choosing in the affected Month provided, if the lost Day(s) Off was in the last seven days of the Month, an affected Pilot shall restore the lost Day(s) Off by attaching to any block of Days Off of his choosing the next Month. However, restored Day(s) Off may not touch a Holiday or the first two days of the Month.

c. Any Pilot who has a Trip Pairing modified due to restoration of a Day(s) Off may be Reassigned to rejoin his original Trip Pairing. The Company shall inform such Pilot of any Reassignment at the time he notifies Crew Scheduling of his choice regarding when his Day(s) Off are to be restored.

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6. Each and every Pilot may waive the requirements of this Article voluntarily in the construction of their schedules on an individual per instance basis.

7. Each and every Pilot who voluntarily reduces his number of Days Off will not be entitled to replacement Days Off.

F. Contact and Notification

1. Each and every Pilot shall provide the Company with at least one phone number as a contact number and indicate whether or not he wishes to be contacted on his Days Off for the solicitation of additional flying. If the phone number is designated as “home”, the Company shall not call the number for operational reasons while the Pilot is on assignment for the Company. This phone number may be updated at any point via the Company’s appropriate website (Ultipro or its future replacement).

2. When the software becomes available to the Company, Pilots shall be able to notify the Company of their preference as to which method(s) of contact (e.g., e-mail, text, phone, etc.) they prefer while on a Company Assignment.

3. Once the Final Bid Award is posted, all Company-initiated changes to Pilot schedules and/or Reserve Assignments require positive notification of changes with the Pilot pursuant to Article 23.F.5.

4. Contacting the Pilot

a. Contact While on a Day Off

No Pilot shall be required to be contactable on a Day Off.

b. Contact while on Assignment but off Duty

(i) Unless provided for in Article 23.F.4.f, the only time the Company may attempt direct contact with the Pilot during a layover is:

1) Within one hour after Block-In time,

2) At one hour or less before scheduled Report Time, or

3) Prior to 10 hours before scheduled Report Time as long as it is not between 01:00 and 08:00 Local Time.

(ii) In accordance with Article 23.F.4.b.i, the Company may attempt direct contact by phone or other means with a Pilot during his Rest. The Company is limited to one contact. If the Pilot’s Sleep Opportunity is interrupted, the Pilot may require additional Rest, at his sole determination. The Pilot shall not be subject to any form of harassment, discipline, or discharge as a result of such determination. The Pilot is not obligated to call the Company in response to any such message, except he needs to notify the Company of any sleep interruption.

Commented [JBN5]: Joint Bargaining Note: In this instance it would be considered acceptable for a non-operations RAH employee to attempt contact via the “home” number, provided it is at a reasonable hour.

Commented [JBN6]: Joint Bargaining Note: The Company may make multiple attempts to contact the Pilot only if it is unclear as to whether or not the call went through.

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c. The Company may not notify, or attempt to notify, any Pilot of any change to his schedule via:

(i) Any other crewmember (e.g., Pilot, flight attendant, etc.) unless authorized by each crewmember;

(ii) Air Traffic Control (ATC), except when the Pilot would otherwise not be legal to complete the flight he is operating.

d. The Company may attempt to contact Pilots via a Hotel employee however under no circumstances may a Hotel employee withhold transportation, check-in, or occupancy from any Pilot who is afforded such by this Agreement.

e. The Company may attempt to contact any Pilot via e-mail at any time. The Pilot is not required to respond to e-mail for notification.

f. In the event of a personal or family emergency affecting the Pilot, the Company may contact the Pilot at any time through any means possible.

5. Positive Notification of Changes

a. The only methods in which the Company can notify Pilots of a change to schedule are via:

(i) Direct verbal communication with a Crew Scheduler or a Company employee who has been designated to make notification phone calls via telephone, or

(ii) Self-notification via CrewTrac, FLiCA, or similar electronic means.

1) Self-notification shall be non-compulsory and shall not be required to access any software, job function, schedule, or bid function.

2) The Company and the Union must agree to any self-notification software or access point prior to being offered to the Pilots. The Union shall not unreasonably withhold its approval of any software or access point proposed by the Company.

(iii) Any other acceptable means agreed to by the Union and the Company.

b. Solely viewing CrewTrac, FliCA, Company e-mail, or any other electronic scheduling method will not be considered notification of a schedule change.

6. Each and every Pilot who is unable to Report for Duty or is not fit for Duty, will notify Crew Scheduling as far in advance as practicable. If the reason is related to illness or injury, the provisions in Article 6.J. shall apply.

Commented [JBN7]: Joint Bargaining Note: Or any other non-invasive electronic means

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7. The Company will maintain and utilize a standard method of notifying Pilots if the scheduled departure time of a Company flight will be appreciably delayed more than one hour or canceled. All Pilots shall be notified as far in advance as is practicable.

G. No Pilot shall be required to keep the Company notified of his whereabouts while off Duty, nor shall the Company proactively track or attempt to track the Pilot’s whereabouts.

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Article 24 Missing, Internment, Hostage or Prisoner of War Benefits

A. Each and every Pilot who while in the performance of duties for the Company, through no fault of his own, becomes missing, is illegally interned, is held as a prisoner of war, is hijacked, or is held hostage, shall accrue Seniority and Longevity credit, and shall receive the following benefits until he returns to active employment with the Company or as otherwise provided in Article 24:

1. Compensation will be paid in the amount of the Minimum Monthly Guarantee, plus 10 hours less legally mandated deductions and deductions previously authorized by the Pilot. Where such Pilot would be entitled to Longevity and contractual raises, the Pilot shall be paid in accordance with those raises.

2. Continuation of travel benefits for dependents, family, and companions, if allowable by airline code share partners’ pass policies, of said Pilot as if that Pilot were continuously actively employed.

3. Contributions that were being paid by the Pilot and deducted from his wages will continue to be deducted from wages paid under the benefits in Article 24 and in accordance with applicable law.

4. Full accrual of vacation, Longevity, Seniority, sick leave credit, PDOs, retirement, and all other compensation or benefits in accordance with this Agreement.

B. In cases in which it is not apparent whether the Pilot is involuntarily or unlawfully detained, the above benefits will be paid for the first three months and then retroactively for subsequent months if such status is later confirmed.

C. If death is established under Article 24, or there is sufficient presumption of death, the following benefits will be paid:

1. Company provided life insurance at the accidental rate, and

2. $500,000.00, and

3. The Company will provide the continuation of health insurance benefits for the Pilot’s dependents for a period of eighteen months.

D. If the parties are unable to confirm whether a Pilot who is interned or unlawfully detained is alive or dead, compensation and other benefits shall continue to be paid by the Company to the beneficiaries (or trust account) indicated in the Pilot’s letter of instruction to the Company for a period of 18 months after such Pilot was last known to be alive. At the end of that 18 month period, if the Pilot’s status is still unconfirmed, death and survivor benefits shall be paid in accordance with Article 24.C.

E. If a Pilot who has been paid death/survivor benefits pursuant to Article 24 is later found to be alive, he shall receive retroactively the difference in pay between the total compensation (including death benefits) paid by the Company under this section and the monthly amounts he would have been due under this section had the Company known he was alive. If the Pilot remains interned or imprisoned, monthly payments shall then be resumed for the duration of internment or imprisonment. If the death/survivor benefits

Commented [JBN1]: By retirement, it is meant: 401(k) contributions.

Commented [JBN2]: Joint Bargaining Note: Company will pay 18 month COBRA.

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are greater than the benefits provided pursuant to this section, the Pilot shall not reimburse the Company for the excess received.

F. Once a Pilot is returned from any period of detention, internment, hijacking, or other missing event, as covered in Article 24.A.

1. The Company shall provide said Pilot medical and mental health services related to the event, as prescribed by a Company retained AME, at no cost to the Pilot, until the Pilot is cleared by the FAA to return to flying or until he has reached five years on a medical leave of absence, whichever is sooner. The five years begins at the first meeting between the Pilot and Company retained AME, which will occur at the Company’s request.

2. The Company shall provide said Pilot the Minimum Monthly Guarantee until the Pilot is cleared by the FAA to return to flying or until he has reached five years on a medical leave of absence related to the event, whichever is sooner.

G. Dangerous Areas

1. The Company shall provide the same vendors and level of service for hotels, transportation, and security as our current mainline code share partners in dangerous areas as defined by the US Department of State (DSSR 650).

2. In the event that the Union has concerns regarding the security of its Pilots under Article 24.G, the parties shall promptly meet to discuss security measures to be taken in light of the risk reasonably expected to be incurred.

H. The compensation set forth in Article 24.A and Article 24.C.2, will be credited to such Pilot on the books of the Company and will be distributed according to written directions from each Pilot. The Company shall allow each Pilot to designate, on an annual basis, the following:

1. A primary designee for all monies and benefits owed in accordance with Article 24 (name and address);

2. A designee in the event that the primary designee is deceased or otherwise unable to fulfill the requirements set forth (name and address);

3. Additional designees as needed or desired;

4. The dollar distribution or percentage distribution to each designee; and

5. If no annual designation is made, the default designation will be the last designation on record, if one exists.

I. If a Pilot due compensation under Article 24 has not completed a direction per Article 24.H, or the written direction does not cover the situation, such compensation will be held in an interest bearing account at a federally-insured financial institution until the Pilot is found or released and is able to claim the compensation. In the event of the Pilot’s death, the proceeds of said account will be paid to the legal representative of the Pilot’s estate.

Commented [JBN3]: Joint Bargaining Note: e.g. American Airlines, Delta Air Lines, United Airlines

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Article 25

Contract Implementation

A. There will be a Contract Implementation Period of six months during which the Company will implement the new or amended contract provisions in this Agreement, except that implementation of any contract provision that requires technology modification or development may exceed this six month period but shall be implemented as soon as practicable. New or amended contract provisions cannot be grieved until after the implementation date of such provision as outlined below. The Contract Implementation Period will commence immediately following the ratification of this Agreement.

B. Amended rates of pay set forth in Article 3 shall become effective on October 1, 2015.

C. Amended payroll procedures set forth in Article 3 that do not require technology

modifications or development shall become effective November 1, 2015.

D. Amended Domestic Per Diem set forth in Article 4 shall become effective November 1, 2015.

E. Duty and Trip Rigs and Minimum Day Guarantee shall become effective no later than December 1, 2015.

F. International Per Diem set forth in Article 4 shall become effective January 1, 2016.

G. Amended Filling of Vacancy procedures and Displacement procedures set forth in Article 26 shall be implemented for Vacancies and Displacements, not yet posted on the date of ratification, upon completion of the required FLiCA programming.

H. The Company and the Union will work jointly with the software provider to identify and

resolve the necessary SAP and FLiCA implementation procedures as promptly as possible following ratification.

I. Except for provisions that require technology modifications or development, as

referenced in Article 25.E and 25.G., amended Scheduling and Reserve provisions set forth in Article 6 and 7 shall be implemented no later than January 1, 2016 in order to allow for the training of Flight Operations Management, Scheduling, Planning, and Crew Payroll employees on the amended provisions.

J. The insurance plans and policy costs and caps specified in Article 14 shall be effective on January 1, 2016.

K. The Hotel Quality Handbook (HQH) and the Scheduling Support Document (SSD) will be developed and issued electronically on or before January 1, 2016.

L. Unless specifically set forth in this Agreement, all other new or amended provisions

and benefits shall be effective on or before January 1, 2016.

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Article 26 Vacancies and Displacements

A. Staffing

The Company will post a projected six month staffing outlook to the Pilots on the 25th of each calendar month on or before 12:00 p.m. Headquarters Time. This posting shall include the following information:

1. Current number of Pilots in each and every Position in each and every Base,

2. Desired number of Pilots in each and every Position in each and every Base,

3. Expected number of increase in overall number of Captains for this Award,

4. Expected number of Displacements in each Base for which Displacements are expected, if any, and

5. The number of Vacancies for each Position on every Certificate.

An example for illustrative purposes follows:

S5 - 145 Operation- Projected Staffing Outlook (Example)

APR MAY JUN JUL AUG SEP CA - Projection Current Desired Projection Projection

CMH 51 51 51 51 51 Intentionally Left Blank

JFK 41 45 45 45 45 LGA 23 26 28 29 34 SDF 46 46 46 46 46

CA- Total Projection 161 168 170 171 176 176 176

APR MAY JUN JUL AUG SEP FO - Projection Current Desired Projection Projection

CMH 48 48 48 48 48 Intentionally Left Blank

JFK 38 42 42 42 42 LGA 22 25 25 25 35 SDF 45 45 45 45 45

FO - Total Projection 153 160 160 160 170 170 170

As of March 25 2015 Temporary Vacancies, Effective Date of May 1, 2015

Captain: none First Officer: none

Vacancies, Effective Date of July 1, 2015 Captain

S5-E170: +4 RW-E170: +11

First Officer S5-E170: +10

Commented [JBN1]: Projection is not a guarantee, non-binding.

Commented [JBN2]: Subject to timelines.

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B. Standing Bids

1. The Company shall maintain and utilize a system to allow Pilots to submit a Standing Bid to be used in Standing Bid Awards. This system shall:

a. Display all bidding information, listed with either individually Pilot selectable ordering, or if unavailable, the following hierarchy of ordering, displayed and grouped alphanumerically in the following order: Equipment, Certificate, Base, Status, then Seniority,

b. Allow each and every Pilot to register a Standing Bid for any combination of Base, minimum Award Percentage in Base, Certificate, Equipment, and Status, regardless of eligibility, including the Pilots’ agreement to fill a Standing Bid Award on Short Notice,

c. Display to the Pilot his current relative position in each Base, including the list of all other Pilots in each Base listed in Seniority order,

d. Display to the Pilot a real-time view of the presumptive award, including his relative position in each Base, including the list of all other Pilots in each Base, listed in Seniority order, if the bid were to close at that time including the presumptive awards of all Pilots based on their most recently submitted Standing Bids, using the most recently announced desired staffing levels, if available through the vendor,

e. Allow the Pilot to indicate for each line of the Standing Bid his agreement to fill a Standing Bid Award on Short Notice.

2. Pilots may submit Standing Bids indicating order of preference for Vacancies, Displacements, and Temporary Vacancies in Position, Certificate, and Base. Each Pilot’s Standing Bid will include each of his preferences for each of the following:

a. Vacancies

b. Displacements

(i) Voluntary Displacement

(ii) Involuntary Displacement

c. Temporary Vacancies

(i) Short Term Vacancy

(ii) Voluntary TDY

(iii) Involuntary TDY

3. Each and every Pilot may change his Standing Bid after the Standing Bid Award is published and prior to the date the next Standing Bid Award is closed. The

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Standing Bid on file will be maintained by the Company. Each and every Pilot may view his Standing Bid at any time of his choosing.

4. Any Pilot who does not have a valid Standing Bid on file shall remain in Position, Certificate, and Base unless awarded an Involuntary Displacement due to Seniority. In such case, that Pilot shall be displaced to any remaining Position that his Seniority will allow after all other Displacements are awarded in that same tier.

5. The Company shall not declare an entire Standing Bid as invalid due to an ineligible line within the Standing Bid.

C. Vacancies

1. Subject to applicable restrictions set forth in this Agreement, Standing Bids will be awarded in order of Seniority using Standing Bids on file as of the date the Standing Bid is closed.

2. All Seat Locks

a. A Pilot may enter Training for a new Standing Bid Award prior to the completion of the term of his Seat Lock so long as the Effective Date of the new Standing Bid Award is after the completion of his Seat Lock.

b. Pilots who are awarded a Position due to any circumstance other than a Vacancy Award shall only be subject to prior Seat Locks, and no additional Seat Lock shall be added.

c. The Company may only waive Seat Locks based on Seniority, Position, or Certificate.

3. Captain Seat Locks

a. Subject to Article 26.C.5, Pilots who complete Training for a Captain Position as the result of a Vacancy award may not fill any Position on any Equipment that requires Training for a period of 24 calendar months. This Seat Lock shall commence with the Effective Date of the Standing Bid Award or the completion of Training, including any required OE, whichever is earlier.

b. Captains who have satisfied the provisions of Article 26.C.3.a shall be allowed to Bid and be awarded any Captain Vacancy their Seniority can hold, regardless of pay, or any Position that has an increase in pay. The Captain may choose to voluntary downgrade on his Certificate and Equipment or to any higher paying Equipment . This Pilot shall be held in Position for a period of a 24-calendar-months, except if the Award was to a First Officer Position, said Pilot may upgrade after 12-calendar-months of the 24-calendar month Seat Lock and will serve the remaining balance of his 24 month Seat Lock in addition to the Seat Lock required in his upgrade position.

Commented [JBN3]: Transfers to higher paying equipment not subject to 26.C.5. Transfers to equal or lower paying equipment will be subject to 26.C.5.

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c. If any Captain is unable to maintain a first class FAA Medical Certificate, and accepts a First Officer Position as a result, and he obtains his first class Medical Certificate within six months of his downgrade to First officer, he may re-assume his previous Certificate, Position, and Base upon reissuance of his first class FAA Medical Certificate and shall not be subject to any additional Seat Locks. If his previous Certificate, Position, and Base does not exist, he shall be returned to a Certificate, Position, and Base which his Seniority would have held had he not been downgraded. In the event that the aforementioned Pilot obtains his first class Medical Certificate later than six months following his downgrade to First Officer, he shall be returned in accordance with Article 12, Medical Leave.

4. First Officer Seat Locks

Subject to Article 26.C.5, each and every Pilot who completes Training for a First Officer Position, as a result of New Hire Training or a subsequent Standing Bid Award, will be Seat Locked as follows:

a. First Officers may fill a First Officer Position on other Equipment that requires Bridge, Transition, or Initial Training after a period of 24-calendar months, commencing with the Effective Date of the Award or the completion of Training, including any required OE, whichever is earlier.

b. First Officers who bid to upgrade but have not yet satisfied the 24 month Seat Lock resulting from their most recent Training, other than New Hire training, shall not be eligible to Upgrade until they satisfy at least 12 months of that Seat Lock. If at least 12 months of that Seat Lock have been satisfied, the First Officer may be awarded an upgrade bid and the remaining amount of that previous Seat Lock shall be added to the new Seat Lock specified in Article 26.C.3.a.

5. Certificate and Equipment Transfers Following Seat Lock

a. Captain Transfers within E 170/175/190

(i) Following the Date of Signing of the Agreement and until the implementation of the MOTCP or 30 months after the Date of Signing of the Agreement, whichever is earlier, Captains who have satisfied their Seat Lock may fill a Standing Bid Award on another Certificate within the same Position. The Company shall allow Captains to bid for and fill transfers on the following schedule:

1) Beginning in the third Bid Month following the Date of Signing, the Company shall allow four Captain transfers the first month and two Captain transfers the following month across Certificates.

2) Such transfers will continue on an alternating basis each month.

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(ii) Upon implementation of the MOTCP or 30 months after the effective date of the Agreement, whichever is earlier, Pilots may fill a Standing Bid Award within the same Position between Certificates and will not be subject to an incremental or new Seat Lock.

b. All other transfers

(i) Each and every Captain who has satisfied his Seat Lock may fill a Standing Bid Award to a higher paying Position.

(ii) Beginning in the third Bid Month following the Date of Signing, on a rolling 12 month basis, up to eight First Officers who have satisfied their Seat Lock, may bid for and fill a Standing Bid Award to another Equipment or Certificate with an equal paying Position at a rate of up to two per month.

c. Downbids

Beginning in the third Bid Month following the Date of Signing, on a rolling 12 month basis, up to six Pilots may bid for and fill Downbids to equal or lower paying Equipment in the same Status that would require Training at a rate of up to two per month.

d. Displacements and Hardships do not count towards the limits of Article 26.C.5.

D. Displacements

1. Any Pilot is Displaced when his Seniority will no longer allow him to hold his Position on his Certificate in his Base.

2. A change in a Certificate to which a Pilot is assigned as a result of MOTCP shall not be classified as a Displacement.

3. All Voluntary Displacements shall be in Seniority order. All Involuntary Displacements shall be in reverse Seniority order.

4. Involuntary Displacements shall be prohibited if there are Vacancy, or Voluntary Displacement Standing Bids on file that would prevent the Involuntary Displacement.

5. On a one for one basis, each and every more Senior Pilot in Certificate, Position, and/or Base, as applicable , may elect to be Voluntarily displaced rather than a more Junior Pilot being awarded an Involuntary Displacement. Each and every Pilot awarded a Voluntary Displacement shall hold all of the rights and privileges as if he were awarded an Involuntarily Displacement.

6. A Displacement shall not affect a Pilot’s current Seat Lock or add a new Seat Lock for the displaced Pilot.

Commented [JBN4]: The Company determines whether Certificate, Position, or Base apply.

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7. Any Pilot who is displaced from his Base, after the Date of Signing, shall be allowed to bid back into that Base anytime in the future, in accordance with his Seniority. All Seat Locks shall be waived so as to allow the Pilot to be awarded his bid back into the Base from which he was displaced. If the Award returning the Pilot to that Base requires Training, the applicable Seat Lock for the new Position will apply, if the Award does not require Training any previous applicable Seat Lock will continue to apply in his awarded Position at the new location. Pilots may have rights to return to more than one Base. However, once the Pilot is awarded a return to a former Base, all other rights under this provision shall cease unless he is again displaced. Such awards will not be counted toward the limitations set forth in Article 26.C.5.

8. Displacement Process

a. Captain

(i) Voluntary Displacement bids that match unfilled Vacancies will be awarded in Seniority order before any other Displacements. This step shall be known as Vacancy Matched Voluntary Displacements.

(ii) If, following the Vacancy Matched Voluntary Displacement Award, further Displacements are required then each and every Captain who is displaced shall displace the most Junior Captain to whom he is Senior in any Base of his choosing on his Equipment and Certificate. If there are no Junior Captains on his Equipment and Certificate, he will be displaced to any remaining Captain Vacancy on his Equipment and Certificate.

(iii) Each and every Captain who is unable to Displace in accordance with Article 26.D.8.a(ii), shall displace the most Junior Captain to whom he is Senior in any Base of his choosing in his Equipment throughout the Company.

(iv) Each and every Captain who is unable to Displace in accordance with Article 26.D.8.a(iii), shall displace the most Junior Captain or First Officer to whom he is Senior on any Equipment at any Base of his choosing throughout the Company or any open Vacancy in his Status. If unable due to insufficient Seniority and not already voluntarily downgraded, then such Captain shall be reduced in Status to First Officer and shall have displacement rights, as provided in Article 26.D.8.b.

b. First Officer

(i) Voluntary Displacement bids that match unfilled Vacancies will be awarded in Seniority order before any other Displacements.

(ii) If, following the Vacancy Matched Voluntary Displacement Award, further Displacements are required then each and every First Officer who is displaced shall displace the most Junior First Officer to whom he is Senior in any Base of his choosing in his

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Equipment Type and Certificate. If there are no Junior First Officers on his Equipment and Certificate, then he will be displaced to any remaining Vacancy on his Equipment and Certificate.

(iii) Each and every First Officer who is unable to Displace in accordance with Article 26.D.8.b.ii, shall displace the most Junior First Officer to whom he is Senior in any Base of his choosing in his Equipment throughout the Company.

(iv) Each and every First Officer who is unable to Displace in accordance Article 26.D.8.b(iii), shall displace the most Junior First Officer to whom he is Senior on any Equipment at any Base of his choosing, throughout the Company, or any open Vacancy in his Status.

(v) In the event that any First Officer cannot displace due to insufficient Seniority, he shall be furloughed in accordance with Article 13.

9. No Captain may displace into a higher paying Position if there is a Captain Senior to him who has a Vacancy bid for that Position.

10. No First Officer may displace into a higher paying Position if there is a more Senior Pilot to him who has a Vacancy bid for that Position.

11. The Company may not award a Displacement to any Pilot that would result in a reduction in Status while awarding any other Pilot a Vacancy that results in an increase in Status.

12. Each and every Pilot who is displaced will be entitled to the benefits of Article 5.

E. Temporary Vacancies

1. Temporary Vacancies are Vacancies that shall last no more than three months, unless a longer term is mutually agreed by the Company and the Union. Temporary Vacancies include Short Term Vacancies, Voluntary TDY and Involuntary TDY.

2. Temporary Vacancies will be filled by qualified Pilots in Seniority order in Certificate and Position, provided, however, the Company is not required to award a Temporary Vacancy to any Pilot who would leave a secondary Vacancy that would have to be filled by a TDY.

3. Pilots shall be awarded a Short Term Vacancy or Voluntary TDY until such time that the Temporary Vacancy ends, the Company terminates the Temporary Vacancy, or the Pilot removes his Standing Bid for that Temporary Vacancy prior to the Standing Bid Award closing for the Bid Month in which the Temporary Vacancy exists.

4. If there are no valid Short Term Vacancy or Voluntary TDY bids for the Temporary Vacancy, the Company may assign the most Junior Pilot who is

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currently qualified in the applicable Certificate and Position to the Temporary Vacancy for a period not to exceed one Month. At the close of the Standing Bid Award for the next Bid Month, if the Temporary Vacancies remain, the next most Junior Pilot who is currently qualified within the applicable Certificate and Position will be assigned to fill the Temporary Vacancy for the next awarded Bid Month. No Pilot may be involuntarily assigned to a Temporary Vacancy more than once every 12 Months.

5. Benefits for Pilots awarded Temporary Vacancies

a. Pilots awarded a Short Term Vacancy shall not receive any additional Per Diem, Hotel accommodation, or Deadhead in excess of what is awarded during Line Bidding. Such award shall be his Vacancy Award for that month.

b. If the TDY is an Involuntary TDY, the Company shall Deadhead the Pilot from his Base or home, at the Pilot’s discretion, to the TDY Base at the beginning and return him to his Base or home at the end of the TDY or any point prior to the end of the TDY. If the TDY is a Voluntary TDY, the Company shall Deadhead the Pilot from his Base or home, at the Company’s discretion, to the TDY Base at the beginning and return him to his Base or home at the end of the TDY or any point prior to the end of the TDY. In either case, a Pilot who is on TDY shall receive Per Diem, Hotel accommodations, and a Rental Vehicle for the period of time from which the Pilot leaves his Base or home and is returned to his Base or home.

c. Any Pilot who is awarded an Involuntary TDY shall be paid at 150% of his hourly rate for each and every PCH or MMG, whichever is greater.

6. Pilots who are awarded a Temporary Vacancy shall bid their Position in the Base of the Temporary Vacancy in their Seniority order.

7. Upon the completion of a Temporary Vacancy, each and every affected Pilot will return to his Base and Position, as awarded by the most recent Standing Bid Award.

F. Timeline for Standing Bid Awards

1. On the 5th of each month at 12:00 p.m. Headquarters Time, the Company shall close and record the Standing Bid for all Pilots.

2. On or before the 9th of each month at 12:00 p.m. Headquarters Time, the Company shall Publish the Standing Bid Awards from the bid that closed on the 5th of that month. The Company shall open the Standing Bid for all Pilots for the following Bid Month at the same time.

a. Standing Bid Awards for Temporary Vacancies and Automated Base Swaps have an Effective Date of the first day of the next available Bid Month after the Standing Bid Award is published (e.g., Standing Bid Award on 2/9, Effective Date on 3/1).

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b. Standing Bid Awards for Vacancies have an Effective Date of the first day of the fourth Bid Month after the Standing Bid Award is published (e.g., Standing Bid Award on 2/9, Effective Date on 6/1).

c. The Company shall publish name, employee number, previous Base/Position, awarded Base/Position, Effective Date, and award type for each and every Pilot with a change on each and every Standing Bid Award.

3. Objections to the Standing Bid Awards must be received by Crew Planning with a copy to the V.P. of Labor Relations or his designee, on or before the 13th of each month at 12:00 p.m., Headquarters Time.

G. Standing Bid Awards

1. Award Process

a. The Company shall use the following three-tier Standing Bid Award process, in sequential order, every month. The Standing Bid Award process includes the following:

(i) First Tier: Global Award

1) This process shall be used to award any net gain or reduction in staffing across the entire Company, including any and all upgrades, downgrades, Equipment transfers, and furloughs. These shall be Awarded in the following order:

a) Vacancy

b) Vacancy Matched Voluntary Displacements

c) Voluntary Displacements

d) Involuntary Displacements

2) The Company may elect to interrupt the Global Award process at any time. If the Company interrupts at the Vacancy step, it may resume the Global Award for Displacements only beginning with the Vacancy Matched Voluntary Displacements step. If the Company interrupts the Global Award at a Displacement step, the Company shall discontinue the Global Award and proceed to the Second Tier. Such interruption shall not constitute the creation of a Vacancy.

(ii) Second Tier: Same Equipment Award

1) This process shall be used when there is no net gain or reduction in staffing across the Pilot group. This award allows Pilots in the same Position to transfer across

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Certificates and Bases while on the same Equipment and shall be in the following order:

a) Vacancy

b) Vacancy Matched Voluntary Displacements

c) Voluntary Displacements

d) Involuntary Displacements

2) The Company may elect to interrupt the Same Equipment Award process at any time. If the Company interrupts the Same Equipment Award at any step, the Company shall discontinue the Same Equipment Award and proceed to the Third Tier.

(iii) Third Tier: Same Certificate Award

1) This process shall be used only after Same Equipment Award. It shall be used when there is no net gain or reduction in staffing across the Pilot group. This award is limited to movement of Pilots between Bases in the same Position on a single Certificate and shall be in the following order:

a) Vacancy

b) Vacancy Matched Voluntary Displacements

c) Voluntary Displacements

d) Involuntary Displacements

2) The Company may elect to interrupt the Same Certificate Award process at any time. If the process in interrupted at any step, the Company shall discontinue the Award Process.

2. Automated Base Swapping

The Company shall honor all Standing Bids that would allow qualified Pilots to move between Bases without any increase in the total number of Pilots in any given Base for Pilots on the same Certificate who have placed a Vacancy Bid for different Bases, in the same Status, on the same Certificate. Such swaps will be honored so long as both pilots are actually fulfilling the intent of the swap. A swap will not be honored if one of the pilots has tendered his resignation or tenders his resignation prior to the swap being effective.

3. The Company shall process Temporary Vacancies in the following order:

a. Short Term Vacancy

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b. Voluntary TDY

c. Involuntary TDY

4. The Company may stop the awarding of TDYs at any time.

5. The Company may alter the actual number of Vacancies awarded on the Standing Bid Award versus the published number of Vacancies on the Staffing Outlook in each Certificate. When the number of awarded Vacancies varies by more than five Pilots per Certificate and Equipment or 25% whichever is lower, as compared to the number of Vacancies posted on the Staffing Outlook, the Company shall advise the Union of reason for the variance. New Hire Vacancies will not be included in the calculation of the Staffing Outlook variance.

H. Filling the Award

1. Pilots who are awarded a new Base shall fill the Position on the Effective Date of the Standing Bid Award, or upon completion of Training, whichever is earlier. If, however, the Pilot causes his completion of Training to be delayed, the Effective Date of his pay shall also be delayed for the number of days of the Pilot’s absence, if such days of Training can be immediately reconciled. Any delay of the rescheduling of Training due to the Pilot’s absence for more than one week due to class, simulator or instructor availability, will delay the Effective Date of the Pilot’s Standing Bid Award by an equal length of time, provided he is rescheduled as soon as practicable. If the delay will result in a delay longer than the absence period plus 14 days, the Company and the Union, shall meet with the Pilot and determine the appropriate resolution.

2. If the Pilot is awarded a Standing Bid with a Short Notice preference or is contacted by the Company to fill the Position in advance of the Standing Bid Effective Date, he shall be placed in the new Base on the next available Bid Month, if qualified, in order of Seniority. He shall be notified of his Base move in accordance with Article 26.A.1.

3. A Pilot who is awarded but is not allowed to fill an Award for a higher paying Position and is bypassed by a Junior Pilot who fills such award, shall be pay protected at that higher Rate of Pay. Such pay protection shall commence on the Effective Date of the Award or the date the Junior Pilot fills the Award, whichever is earlier. Any Pilot who delays filling his Standing Bid, for any reason other than by Company request, shall forfeit the pay protections in Article 26.H.3. Once a Pilot is granted pay protection under this by-pass provision, he is required to bid for upgrade in the same Position and Base at the next opportunity available to him or his pay protection will be removed. If his Seniority can no longer hold a Position in that Base he shall amend his Standing Bid to include the following:

a. Awarded Position on the same Certificate, if his Seniority allows, if not, then

b. Awarded Position on any Certificate, if his Seniority allows, if not, then

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c. Awarded Status on any Certificate, if his Seniority allows, if not, then pay protection shall cease.

4. If the Pilot requires Training in order to fill the Standing Bid Award, he will commence Training in accordance with the following provisions:

a. The Company shall schedule all Pilots in the next available class appropriate to the Training required, in Seniority order except as otherwise set forth in this Agreement.

b. If any Pilot withdraws from Training or fails to satisfactorily complete Training for the Position, including OE, pay protection will cease on the day of the withdrawal or failure.

5. Each and every Pilot shall begin receiving his new rate of pay on the Effective Date of his Award or the completion of his Line Check for the new Position, whichever is earlier.

I. Changing a Standing Bid Award

1. Except for errors caused by an error or omission related to Article 9.C, if any Pilot disagrees with the published results of an award, he must file a written appeal via email to Crew Planning with a copy to the VP of Labor Relations or his designee within four days of the publication of the Award. A corrected Award will be issued, if necessary, after the appeals are considered. The Company shall consider additional appeals and correct any associated Company or system driven errors.

2. The Company may not delay the Effective Date of an Award subject to Article 26.H.1.

3. If the Company has given less than a 30-calendar day notice of the cancellation or change to an affected Pilot via Company e-mail, and the Pilot has moved his residence in reliance on the Award, he may choose to use the Displacement benefits as outlined in Article 5.

4. If the Company determines that a Standing Bid Award must be cancelled or changed, the Company shall post a notice of cancellation or change of any Standing Bid Award on the Company Intranet and shall also notify affected Pilots via Company e-mail. The Company may not cancel Automated Base Swaps.

5. Pilots who have their Standing Bid Award cancelled and have started Training, for the covered Award, shall complete said Training, unless the Company has removed, or is removing, the Aircraft from service, or there is a delay of Aircraft delivery.

6. Pilots who have their Standing Bid Award cancelled and are removed from Training, shall be displaced in accordance with Article 26. Each and every Pilot who has their Standing Bid Award cancelled and is not allowed to start Training will be retained in his previous Position until he receives a new Standing Bid Award. Each and every Pilot in that award who is Senior to the most Junior Pilot

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that continues Training in each Standing Bid Award shall be pay protected at his higher Rate of Pay.

7. If there is a later Training class date already scheduled of the same type of Training that is required, and there is a more Junior Pilot in that class, any more Senior Pilot who requests a trade or swap shall be allowed to trade or swap Training dates and awards on a one-for-one basis. This change shall not impact the compensation of any other Pilot. The request must be made at least 15 calendar days prior to the Training class date. A more Senior Pilot may replace the more Junior Pilot at both Pilots’ discretion. The Company may, at its discretion, reject any request for a trade.

J. Initial Assignments

1. New Hire Pilots shall be trained on the usage of the current bidding system and will be provided access to the system to register their Standing Bid within the first two weeks of Training. If any New Hire Pilot fails to register a bid, the Company shall assign such New Hire Pilot to a Base after all other bids have been awarded.

2. Initial assignments of New Hire Pilots to Bases shall be awarded in accordance with Standing Bid Awards from Article 26.G.

3. Each and every New Hire Pilot will be given either seven consecutive days off prior to OE or four consecutive days off after completion of OE to relocate to his initial assignment. The days off prior to OE must be scheduled and prospective in nature.

K. Hardship Transfers

1. When any Pilot desires to vacate a present or future Position and/or Base, his request to vacate shall be considered jointly by the Company and the Union and may be approved by mutual agreement.

2. A Hardship Transfer may be approved only to a Position that the Pilot’s Seniority can hold at the time of his transfer.

3. If any Pilot’s Hardship Transfer results in any Full, Transition, or Bridge Training, Seat Locks, as provided in Article 26, shall be applicable. Such awards will not be counted toward the limitations set forth in Article 26.C.5

4. Moving expenses shall not be allowed if the Pilot is changing Bases as a result of a Hardship Transfer.

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Article 27 Safety

A. Scope of the Safety Programs

The Safety Programs defined in Article 27 of this Agreement shall cover all Pilots under this Agreement in all required Aircraft flight operations. Safety Programs covered under Article 27 may be maintained, modified, or expanded only with mutual agreement between the Company and the Union. Unless mandated or otherwise restricted by regulations or laws, all future programs or agreements related to safety and the Pilots of the Company must be formalized through a mutual agreement between the Union and the Company. Each and every pilot who is no longer employed by the Company shall maintain all rights and protections for actions conducted while employed by the Company.

B. Union Safety Committee

The Union will appoint a Safety Committee that will confer with the Company on matters pertaining to safety operations. Safety Committee members shall be permitted to attend any hearing or investigation of an accident or incident of Company Aircraft operated by Pilots, subject to the regulations of the government agency involved. In addition, if the Company schedules a meeting with a Pilot to discuss a safety issue, said Pilot, at his discretion, shall be allowed to have in attendance the Safety Committee Chairman or his designee. The Company will cooperate in releasing such member from his schedule to participate in said meeting.

C. Record Storage, Disposition and Disclosure of Information

1. The Company shall ensure that all personal information obtained and submitted through any Safety Program is kept confidential unless disclosure is required by law and in accordance with the applicable Safety Program’s requirements.

2. The Company shall provide each and every Pilot access, via electronic means, to all of his records submitted electronically to the Safety Programs identified in Article 27.

3. Access by the Union

a. The appropriate Safety Committee members shall have access to any and all relevant information submitted through the Safety Programs that are identified in Article 27.

b. The Company shall, upon request, provide to the appropriate Safety Committee members all call recordings made by the Company related to a specific safety issue that is being reviewed by such committee.

4. Disclosure of Records by the Company

a. The Company shall advise the Union, its General Counsel, and the affected Pilot(s) within 24-hours of the discovery of any inappropriate disclosure of Pilot identifying confidential information pertaining to or in regard to the Safety Programs covered by this Article.

Commented [JBN1]: Joint Bargaining Note: Example if the Pilot submits an ASAP prior to his leaving the Company, he shall be afforded all of the rights, protections, and confidentiality components included in the ASAP MOU.

Commented [JBN2]: Joint Bargaining Note: WBAT or similar program

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b. In the event that the Company inadvertently or inappropriately discloses, distributes, or provides access to Pilot identifying confidential information obtained or recorded through the Safety Programs, except as required by regulation or court order, the Company shall:

(i) Immediately notify all parties,

(ii) Provide details on the disclosure, and

(iii) Provide the affected individuals direct and immediate support to ensure that any party having access to the information is notified that the information is confidential and not public information.

5. Confidentiality of Data

a. The Company will maintain confidentiality of data in accordance with the appropriate Safety Program requirements for existing and any future Safety Programs. Any information received through the Safety Programs shall not be used by the Company to support any disciplinary actions unless the data is excluded for cause as described by the Safety Programs.

b. The Company shall, at the request of the Union, provide access (during Company Headquarters’ business hours) to relevant Data for the purposes of confirming compliance with any Safety Program’s requirements.

D. Expenses

1. Pilots assigned to a Company requested Safety Program event shall be paid as Company Business days (COB), in accordance with Article 3 and Article 4 when participating in events in support of the following Safety Programs:

a. Aviation Safety Action Program (ASAP),

b. Fatigue Risk Management Program (FRMP),

c. Line Observation Safety Audit (LOSA),

d. Flight Operational Quality Assurance (FOQA),

e. Go Team,

f. Any other Safety Program developed in the future as agreed to by the Company and the Union.

2. Safety Committee Chairman

a. The Company shall pre-award the Safety Committee Chairman up to 10 calendar work-days (Monday-Friday) per month free from flight Duty to perform his duties as the Safety Committee Chairman. The Safety Committee Chairman shall work on safety related matters during this

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period. These days free from flight Duty shall be at the discretion of the Safety Committee Chairman.

b. The Safety Committee Chairman’s compensation, travel, hotel, and per diem expenses shall be split equally by the respective policies of the Company and the Union for time spent in accordance with paragraph 27.D.2.a.

c. The Company shall provide the Safety Committee Chairman a workstation within reasonable proximity to the Safety Department. Said workstation shall be equipped and designed in the same likeness as to that of other similar Company workstations in the same department.

E. Industry Conferences and Information Sharing.

1. The Company and the Union are both encouraged to participate in relevant industry conferences, trade shows, “Info Shares,” and other programs in place to enhance the Safety Programs covered by the Agreement or developed at a future date.

2. The Company shall not prevent any member of the Union from joining any external safety organization or group. No Pilot shall represent the Company or make any representations on behalf of the Company in connection with any such organization or group without prior authorization from the Company.

F. Logistics

1. All Company requested Safety related absences known prior to the bids closing shall be pre-awarded as Company Business days on the Pilot’s schedule. All Company requested Safety related absences added to the Pilot’s schedule after bids have closed Pilot shall be rescheduled in accordance with Article 6, and shall be paid at the greater of a Company Business days for each day he attended the safety related program event or his pay protection for flights missed.

2. Where it is technically feasible and supported, the Pilot shall be allowed to remotely access and administer the software for Safety Programs.

3. Travel and Expenses

a. When traveling to a Company requested Safety Program event, the Company will, if available from a Code Share Partner, provide Positive Space round trip travel from the Pilot’s home, unless another location is otherwise agreed to by the Company. When traveling on a Code Share Partner, travel shall be in accordance with code share agreements. Additionally, for Company requested Safety travel, the Company shall provide all ground transportation from the airport to the event facility, including a rental car in accordance with Article 4.

b. The Pilot may waive the Positive Space Travel requirement.

c. The Company shall reimburse all hotel and other expenses for Pilots requiring a hotel for a Company requested Safety Program event. Said

Commented [JBN3]: Joint Bargaining Note: As of the Date of Signing, Pilots may access the FOQA administrative software

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hotels shall be Company approved hotels and booked through the Company Travel Department.

G. Safety Program Meetings

1. The members of each Safety Program shall jointly determine the frequency of meetings. At a minimum, the Union shall have one representative at each meeting. The number of voting representatives between the Union and the Company at each meeting will be designated in the applicable Safety Program. This does not limit the number of attendees by either party at any meeting.

2. All Safety Program meetings will be held in-person or via teleconference, as determined by the members of each Safety Program.

3. The Company shall regularly update the Safety Committee on programs or initiatives related to flight operations that may be in place at the time of ratification or in the future.

4. At no time shall the Company assign any person to a Safety Committee position (e.g. ERC) who has disciplinary responsibilities over Pilots, except for the Director of Operations or the Chief Pilot during the first six months of a New Aircraft operation or the last six months when removing an Aircraft service.

H. Safety Hotline

1. The Company shall maintain a Safety Hotline for all employees and Pilots. The Safety Hotline will be accessible through a toll-free number domestically and internationally.

2. All calls to the safety hotline shall be recorded, logged, and tracked. If follow-up is required and possible, the Company shall, within two business days of a call, contact the caller, confirm that the information was received, and discuss any action taken to resolution the issue. In addition, the Company shall provide regular updates to the Pilots regarding safety issues.

I. Line Observations Safety Audit (LOSA)

1. So long as the program remains economically justifiable, the Company will continue to participate with the LOSA Collaborative (or similar program). The Company will notify and have the Safety Committee participate in the selection of Company observers.

2. The Safety Committee Chairmen will be invited to the LOSA out-briefing.

3. The Company will take recommendations from the Safety Committee Chairmen as a result of the LOSA report.

J. Go Team

1. The Union may designate up to four Pilots as Union Go-Team members to participate in any NTSB accident investigation, or other incident or accident investigation involving Company Aircraft. Such Pilots participating as members of the Union Go-Team in an Aircraft incident investigation, accident investigation,

Commented [JBN4]: Joint Bargaining Note: this does not allow the change of a name to exclude any internal program requirement to mutually agree.

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and subsequent investigation involving Company Aircraft shall be paid Company Business Days for each day he is involved in said investigation. Union Go Team Pilots shall continue to retain and accrue Seniority and Longevity while participating in an Aircraft incident or accident investigation. In the event a third party requests members of the Union Go Team to participate in an investigation, the Company will coordinate their activities to assist the third party.

2. Up to four Union Go-Team members will be provided “Company Business-Positive Space” transportation over the Company’s system or by way of any other airline to any Aircraft incident site, accident site, or other event site. If travel is unavailable on the Company system, the Company shall supply Positive Space Transportation on any other airline or provide chartered flights, at no cost to the Pilot, as appropriate.

3. The Company and the Union shall meet on no less than an annual basis to review the Company Aircraft Accident Emergency Response Plan and make recommendations for changes.

K. Aviation Safety Action Program (ASAP)

The Company and the Union shall maintain an Aviation Safety Action Program (ASAP) covered by an MOU to which the Company, Union and the FAA are a party to. If either party identifies potential abuse, the Company and the Union shall meet within seven calendar days of the discovery to attempt to resolve the problem. Both parties reserve the right to withdraw from ASAP.

L. Flight Operational Quality Assurance (FOQA) Program

The Company and the Union shall maintain a Flight Operational Quality Assurance (FOQA) program covered by an MOU to which the Company and the Union are a party. If either party identifies potential abuse, the Company and the Union shall meet within seven calendar days of the discovery to attempt to resolve the problem. Both parties reserve the right to withdraw from FOQA.

M. Fatigue

Even though Pilots may be legal under the FARs, each and every Pilot has the obligation to advise the Company that, in his honest opinion, safety will be compromised due to fatigue if he operates as scheduled or rescheduled. This advisement must be furnished to Crew Scheduling at the earliest possible time to allow for the least possible disruption to service.

N. Fatigue Risk Management Program (FRMP)

1. The Company shall maintain an FRMP program.

2. The Company may amend the existing programs with the FAA. The combined language of the program listed in Article 27.M.1, combined with the following, shall be the minimum required of the Pilots and Company:

a. The Company and the Union shall review any future fatigue related programs implemented by the Company and / or submitted to the FAA.

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b. Any FRMP or similar program implemented by the Company, that would affect the Pilots on the Seniority List shall apply to all Pilots of the Company, including Management Pilots.

O. Fitness for Duty and Flight Duty Period Extensions

1. Fitness for Duty

a. The Company and its representatives shall not interfere with any Pilot’s determination of his own Fitness for Duty.

b. If the Pilot does not attest to his Fitness for Duty, he shall be removed from all Duty and shall complete the Fatigue Reporting in accordance with Article 27.N.

c. In order to ensure the highest level of safety, the Pilot is encouraged to evaluate his Fitness for Duty in a prospective manner. The Pilot may identify himself as “likely to be fatigued” during the flight segment. Such Fatigue report shall be treated as any other Fatigue report in the FRMP.

d. In the event a Pilot identifies another crewmember as Fatigued, the Pilot shall comply with FAA AC 117-3, Reporting Fatigued Crewmembers (or as amended). Reporting shall be non-punitive, non-disciplinary, and shall comply with Article 27.N.

2. Flight Duty Period Extensions

a. The Company and the Union shall not interfere with any Pilot’s decision to authorize or deny any Flight Duty Period Extension.

b. Should the Company identify a concern that a Pilot may be denying Flight Duty Period extensions as a punitive mechanism against the Company, the Company may refer the issue to the Union Professional Standards Committee.

P. Human Intervention Motivation Study (HIMS)

The Company and the Union may jointly agree to maintain, expand, or modify the existing HIMS program in place on the Date of Ratification of this Agreement. The internal Company program is referred to as the Republic Pilots Assistance Committee (RPAC). The RPAC is a collaborative effort between the Company and Union to assist Pilots who may have, or exhibit signs of, substance, or alcohol abuse. The program is designed to be a proactive measure for Pilots and others to help those in need work to resolve the problem before it is brought to light by any Duty related incident.

Q. Casualty Liaison and Assistance Program

1. The Casualty Liaison and Assistance Program shall be implemented to allow Pilots to designate an additional Company peer (who must also be employed by the Company) that shall be contacted in case of an emergency or incident involving said Pilot. Such designee shall be in addition to any other emergency contacts listed in the Company’s HRIS who will also be notified in case of an

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emergency or incident. A Pilot may update this information at any time by providing an updated Peer Notification Form to Human Resources.

2. The Company may invite the Safety Committee Chairman to participate annually in the Company’s next of kin notification training.

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Article 28 Contract Ratification Bonus

1. The Company will pay a ratification bonus to all Pilots who are on the Republic Airways Pilot System Seniority List as of the Ratification Date of this Agreement as follows:

a. $1,000.00 paid to all Pilots who were hired on or after October 1, 2014.

b. $3,000.00 paid to all Pilots who were hired on or after March 22, 2012 and prior to October 1, 2014; and

c. $11,000.00 paid to all Pilots who were hired prior to March 22, 2012.

2. Payment of the ratification bonus provided for in Article 28.1. shall be made within 15 days following the Date of Signing of the Agreement.

3. In addition, all Pilots who are on the Republic Airways Pilot System Seniority List as of both the Ratification Date of this Agreement and the one year anniversary of the Date of Signing, will receive a ratification anniversary bonus as follows:

a. $5,000.00 paid to all First Officers; and

b. $10,000.00 paid to all Captains, including those who upgraded during the one year period following the Date of Signing.

4. Payment of the ratification anniversary bonus provided for in Article 28.3. shall be made within 15 days following the one year anniversary of the Date of Signing of the Agreement.

5. Each and every Pilot may elect to contribute all or any portion of his ratification bonus provided in Article 28.1, or his ratification anniversary bonus as provided in Article 28.3. to the Pilot’s 401(k) account to the extent permitted by law and the Pilot 401(k) Plan.

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Article 29 Records, Attendance, and Discipline

A. Pilot Attendance

1. The Union recognizes the need to provide guidance to Pilots on the responsibility for regular attendance. Article 29 supersedes any attendance policies in the Company Manual, however the Union and the Company may mutually agree to modify Article 29.A at any time. If the Union determines that the Company has implemented an Attendance program or benefit to any other Collectively Bargained employee group that is more advantageous than that contained herein, then the Company agrees to meet with the Union to discuss and amend this Article as applicable.

2. Absences and Occurrences

a. Occurrences may be assessed as follows:

Absenteeism / Sick Call = 1 Occurrence will be applied to any Pilot who:

(i) Is absent from any portion of scheduled duty (e.g. trips, training, etc.),

(ii) Each day the Pilot is absent beyond the first five work days of a sick occurrence, for the same illness will count as an additional occurrence unless protected by an approved leave, or

(iii) Reports six or more minutes late and causes a delay in his own flight of 30 minutes or more.

b. Tardiness/Lateness = ½ Occurrence

A Pilot reports six or more minutes late, and causes a delay of less than 30 minutes in his own flight, and provided the Pilot has notified scheduling in advance of his report time that he will be late.

c. “No Call” or “No Show” = 2 Occurrences

(i) Any Pilot who fails to call or show for a scheduled Duty assignment, or shows too late to work the scheduled flight, and in any case has not notified crew scheduling in advance that he will be absent or late.

(ii) Any Pilot who is in a “no call” or “no show” status for two consecutive days without authorization from the Company will be considered a Pilot who has voluntary terminated his employment with the Company. The only exception is for a Pilot who is unable to notify the Company due to personal hospitalization or otherwise being physically incapacitated.

Commented [DRM1]: Intent of this provision is not to protect abuse of Absences and Occurrences through the use of UNA. In such cases the Company may notify the Professional Standards Committee and one occurrence may be assessed for each day missed.

Commented [JBN2]: This includes a flight on which he was deadheading.

Commented [JBN3]: This includes a flight on which he was deadheading.

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(iii) Two collective “no call” or “no show” events within a rolling 12 month period may, regardless of occurrence total, be grounds for termination.

(iv) Any Pilot on reserve, who calls in sick after being contacted by the Company for an assignment, will not receive the second occurrence applied to a “no call” or “no show” occurrence if the initial call from the Company is within the first three hours of the RAP or between the hours of midnight and 8am.

d. Approved Leaves of Absences as defined in Article 12, Leaves of Absences, will not count as occurrences.

e. Each and every Pilot shall be allowed to have one sick call absence every six months that does not count as an occurrence if said sick call absence is accompanied with an appropriate doctor’s note.

f. Each and every Pilot will receive a monthly report which summarizes his attendance occurrences for the past 12 calendar months. Each and every Pilot will accept this report as notification of his current attendance occurrence status.

3. Attendance Administration

a. Step 1 – Written Advisory Letter

After each and every Pilot accumulates his sixth occurrence in a rolling twelve-month period, a Written Advisory Letter will be issued to the Pilot. This letter will remind the Pilot of the need for operational reliability and that additional occurrences may result in disciplinary action up to and including termination of employment. This Written Advisory Letter will be placed in his personnel file.

b. Step 2 - Final Advisory Letter

After each and every Pilot accumulates his seventh occurrence in a rolling twelve-month period, a Final Advisory Letter will be issued to the Pilot. After a Final Advisory Letter is issued, the Company may elect to convene an Article 18 Hearing and disciplinary action, including suspension, may be assessed at this time. This Final Advisory Letter will be placed in his personnel file.

c. Step 3 - Discharge or Termination

After each and every Pilot accumulates his eighth occurrence in a rolling twelve-month period an Article 18 Hearing will be convened and disciplinary action up to and including termination of the Pilot’s employment with the Company may be assessed and a summary of the actions taken by the Company will be placed in his personnel file.

4. Perfect Attendance

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a. Each and Every Pilot who achieves Perfect Attendance will receive the following payment for said Perfect Attendance:

Level 1: 90 Consecutive days $50 Level 2: 180 Consecutive days $150 Level 3: 270 Consecutive days $200 Level 4: 365 Consecutive days $250 Each additional Consecutive 90 days $250

b. Once each and every Pilot has an occurrence, said Pilot’s Perfect Attendance record will reset and said Pilot will reset back at Level 1 after an additional 90 days of perfect attendance.

c. Each and every Pilot may choose to receive a reduction of ½ occurrence, instead of receiving the payout in Level 1. Said Pilot will remain only eligible for Level 1 payouts moving forward, unless said Pilot elects to receive Level 1 payout after his next 90 consecutive days of Perfect Attendance.

d. Each and every Pilot who maintains Perfect Attendance for the period of January 1 – December 31 of any Calendar year will be entered into a Company drawing and be eligible for the following awards:

(i) One Pilot will be awarded round-trip airfare for two to Hawaii and 4 night accommodations at the Company’s expense. Time-off will be awarded by the Company for the trip (or $2,500 cash payout), and

(ii) Three additional Pilots will be awarded a $500 gift card.

e. All compensation paid to Pilots as a result of the Perfect Attendance policy will be taxable and reported on the Pilot’s W2.

B. Commuter Policy

1. Pilots may utilize the Commuter Policy due to travel disruption beyond the Pilots control (e.g. denied boarding, cancellation or delay causing missed connection) from any airport of the Pilot’s choosing, within the Contiguous United States that would allow the Pilot to arrive at his Duty Assignment at or before his report time. It is intended that after the missed flight, the Pilot shall make every effort to commute on any subsequent flight that would allow for a resumption of flying upon his arrival to his Duty Assignment.

a. In order to participate in the Commuter Policy, Pilots shall List, and have access to, at least two flights which would position the Pilot in time for his assignment. If said Pilot, due to no fault of his own, is unable to arrive in time for the Assignment and notifies the Company as soon as practicable, the Company will take no disciplinary action against said Pilot. This includes periods where an enroute delay prevents the Pilot from arriving to his assignment on time. Each and every Pilot may use this exemption two times in any rolling six-month period.

Commented [JBN4]: If resumption of flying is not practical, he would not be require to commute on a subsequent flight (e.g. one-day trip with no flying left upon his arrival).

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b. Pilots who are using ground transportation and due to no fault of their own, at the determination of the Company, are unable to arrive to an assignment on time, shall be covered under Article 29.B.2.

2. If the Pilot utilizes the Commuter Policy

a. The Pilot shall report to his Base, meet and rejoin his trip, report to another Duty assignment, or report to a location mutually agreed to between the Pilot and crew scheduling as soon as practicable after the missed commute.

b. Crew scheduling will either provide the Pilot a flying schedule, or allow him to finish the rest of the day and any future days as a Reserve Pilot with a sequence of Reserve Availability Periods which will end no later than his original end time of the last day of his original assignment, and

c. If a Pilot rejoins his trip, the trip’s PCH will be credited for the actual trip performed. If the Pilot is placed on a different trip he will be credited the greater of the actual trip performed or his original trip on a day by day basis. For the purpose of a day partially missed he will be credited the greater of what he actually performs or one half of his original credit for that day. For a complete day missed he will receive no credit.

C. Recorded Data

1. Any information received through recording devices supporting Safety Programs shall not be used by the Company to support any disciplinary actions unless the data is excluded for cause as described by the Safety Program. Information obtained from flight monitoring devices (e.g.: CVR, DVDR, etc.) shall be used to enhance Pilot proficiency and Training and shall not be used by the Company to monitor judgment, proficiency, or adherence to Company policies.

2. The Company will not regularly, randomly, or in a targeted fashion review a Pilot’s specific information from other recording devices or any data sources for the purpose of establishing a basis for any disciplinary action against a Pilot.

3. The Company will not utilize the iPads, or any similar EFB, as an audio or video recording device in the cockpit or any other part of the Pilot’s flight operation without prior approval from the Pilot or the Union.

4. If the review of any recorded data is part of an investigation that could lead to discipline or discharge of any Pilot, the Company must:

a. Be previously engaged in the investigation of an accident or incident specifically related to the event in question, or

b. Have an independent reasonable justification for believing that misconduct has occurred that would be refuted by review of the data.

5. If the review of any recorded data is part of an investigation that leads to discipline or discharge of any Pilot, the Company shall share any relevant data with the Union as permitted by law.

Commented [JBN5]: JBN: e.g. accident, mechanical difficulties, un-expected traffic, etc.

Commented [JBN6]: Minus the portion of the original trip that was missed.

Commented [JBN7]: JBN: Cockpit Voice Recorder (CVR), Flight Data Recorder (FDR), iPad, Kindle, EFB, EFK, DVDR, DVR, QAR, CMC, web history, FliCA (including logs), CrewTrac (including logs), UltiPro (including logs) or other electronic monitoring device or system), KCM access log, CASS access log, parking lot access log

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D. Personnel File

1. Pilots shall be permitted to review a copy of their personnel file upon request to Human Resources. Upon receipt of the request, the Company shall make the information in the personnel file available to the requesting Pilot through one of the following means:

a. Review of the physical file in the Human Resources department at Company Headquarters,

b. Have the Manager of Employee Relations, or his designee, walk through the detailed contents of the file over the phone with the Pilot, or

c. Review the file over other virtual electronic means which may become available in the future.

2. Each and every Pilot shall be provided a copy of any material disciplinary letters or notifications being placed in his Personnel file and will be allowed to place a statement regarding any incident or report in his personnel file.

3. Nothing in this Article shall apply to Training or proficiency matters.

E. Pilot Records Improvement Act (PRIA)

1. The Company will comply with all requirements and guidelines under the Pilot Record Improvement Act of 1996.

2. In conjunction with a completed PRIA request, the Company shall provide to the requesting Pilot a copy of the PRIA report, if so authorized by the Pilot on the PRIA request form. Said information shall be mailed to the address indicated by the Pilot on said form.

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Article 30 Labor Management Program

A. The Company and the Union agree that their mutual goals and respective interests as the Company and the Union can best be achieved by fostering a cooperative relationship. A progressive Labor – Management Relationship Program (LMRP) benefits the Company, Union, and other employees by best achieving the following objectives:

1. Makes the Company a better place to work;

2. Achieve and maintain leading competitive performance;

3. Improve the quality of service to our customers;

4. Provide all employees with the best possible employment potential and job security;

5. Involve the Company, the Union, and other employee groups in decision making.

B. Both Parties agree to commit high level representatives to regularly participate in meetings of the LMRP, no less frequently than one time per quarter.

C. The Parties agree that the LMRP will function most effectively if the Company and the Union work collaboratively to achieve the goals identified in Article 30.A.1 through 30.A.5.

D. The LMRP will include a working committee, the Labor-Management Relationship Committee (LMRC) to be formed within 30 days of the ratification of this Agreement. The LMRC will consist of equal representation from both the Company and the Union and consist of a minimum of the following:

1. Two Local 357 Union Executive Board Members and /or designees

2. One Company Flight Operations Executive and/or designee

3. VP Labor Relations and/or designee

The LMRC will begin meeting quarterly within 15 days of its selection. Confidentiality and Non-Disclosure Agreements will be maintained for Company proprietary business information.

E. At the Union’s sole discretion, it may require the formation of a Joint Implementation Committee (JIC) comprised of a minimum of two members from the Union and the Company for the purpose of facilitating implementation of this Agreement. If so requested, the JIC will be established immediately following ratification of this Agreement. The JIC will meet monthly for a minimum of three days per meeting for the first year of the agreement and then quarterly for the remainder of the term of the agreement unless there is a mutual agreement of the Parties to amend the meeting schedule. Union members of the JIC will be paid UNI for all days of meetings with the Company for this purpose.

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F. All meetings of the LMRC and the JIC will be open to members of the Local 357 Union Executive Board and the Executive Leadership Team of the Company.

G. The LMRC will establish and oversee the following joint committees, including the definition of each committee’s purpose and goals:

1. Safety

2. Training

3. Travel/Hotel

4. Communications/ New Employee Onboarding

5. Scheduling

6. Maintenance Committee

H. The LMRC will designate their respective members of the above referenced committees. Committees shall meet no less than once per quarter unless the LMRC determines there is a need to amend the schedule of the meetings.

I. The Company will, at the request of the Union, release from conflicting duty up to two Union joint committee members, per committee, to attend joint committee meetings and/or Training with the Company. Releases will be related to the purpose for which the joint committee was created. The Union will exercise the rights afforded above at all times in good faith and in such a manner as to minimize any unnecessary disruption of the Company’s business. Union members of the LMRC and the joint committees will be paid UNI for all days of meetings with the Company for this purpose.

J. The Union agrees, that as evidence of their commitment to a more collaborative relationship and its compliance with the requirements in Article 1.B, it will refrain from encouraging pilots in the employ of the Company from seeking alternative employment at other regional carriers. In addition, the Union will refrain from engaging in any activity to discourage the Company’s efforts to recruit new hire pilots.

K. The Company and the Union acknowledge that it would be impossible for the Parties to foresee every possible unintended consequence of a bargained clause in the Agreement, the Parties therefore intend to use this LMRP during the term of this Agreement as a means of addressing the need for changes to any part of this Agreement, but such changes or additions cannot be implemented without prior written approval by the Company and the Union, subject to ratification by the Pilot group.

L. Nothing set forth in this Article is intended to interpret, apply meaning, or inform the Parties’ understanding of any other Article of the Agreement, to waive, diminish, or qualify the rights or duties of any party or employee established by law or elsewhere in this Agreement, or to justify non-compliance with any other provision of the Agreement. The functions and responsibilities of the joint committees, subcommittees, programs and/or initiatives referenced in this Article do not include representation in collective bargaining and/or grievance administration.

Commented [JBN1]: Joint Bargaining Note: Protection on the “grey areas”.

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M. The Union may terminate this LMRP (other than Article 30.J.) at any time after one year following the date of signing of the Agreement,

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Article 31 DURATION

A. This Agreement shall become effective on the date of signing and shall continue in full force and effect until three years from the Date of Signing (the “Amendable Date”) and shall renew itself annually without change until each succeeding Anniversary of the Amendable Date thereafter unless written notice of an intended change is served in accordance with Section 6, Title 1, of the Railway Labor Act, as amended, by either party hereto at least 30 days, but not more than 180 days, prior to the Amendable Date or any Anniversary of the Amendable Date of any subsequent year.

B. Following receipt of the written notice of intended change in accordance with Article 31, within 30 days the Union and the Company shall meet to discuss an agreement for negotiations protocols and procedures.

Jets for Jobs

LETTER OF AGREEMENT #4 between

CHAUTAUQUA AIRLINES, INC. and

The Pilots in the service of CHAUTAUQUA AIRLINES, INC.

as represented by THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 747

THIS LETTER OF AGREEMENT is made and entered into in accordance with Title 11 of the Railway Labor Act, as amended, by and between Chautauqua Airlines, Inc. (hereinafter referred to as the “Company”) and the airline pilots in the employ of Chautauqua Airlines, Inc., as represented by the International Brotherhood of Teamsters, Local 747 (hereinafter referred to as the “Union”).

Except as otherwise provided herein, the basic Collective Bargaining Agreement between the Company and the Union (the “Agreement) will apply and govern the terms and conditions of employment of pilots covered by the Agreement.

WHEREAS US Airways, Inc. and the airline pilots in the service of US Airways, Inc., as represented by The Air Line Pilots Association (ALPA), have executed the attached Letter of Agreement #81 (with attachments B, B-1 and B-3) entitled “Immediate Small Jets”, as modified by Letter of Agreement #83entitled “Accelerated Small Jets”, and by Attachment A to Letter of Agreement #84, entitled “Supplementary Cost Reductions”, wherein ALPA and US Airways have agreed to an exception to the basic scope provision contained in the parties’ Collective Bargaining Agreement to allow carriers other than US Airways, Inc. operating under US Airways designator code, name, logo or marketing agreement (hereinafter referred to as “Affiliate Carriers”) to operate additional small jets; and

WHEREAS US Airways, Inc. has agreed with the ALPA, as an irrevocable condition for affiliate carriers to operate the additional small jets, that the Affiliate Carrier must agree to staff at least fifty percent (50%) of the new vacancies and one hundred percent (100%) of the backfill positions (Captain and First Officers) with US Airways pilots who have been or may be furloughed in addition to other provisions of LOA #81, LOA #83 and LOA #84 and all attachments thereto; and

WHEREAS the Company and the Union (the “Parties”) have agreed, subject to ratification by the pilots of Chautauqua Airlines, Inc., upon certain modifications to the Agreement for the acquisition and operation of immediate and/or accelerated small jet aircraft.

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NOW THEREFORE, the parties agree as follows:

A. US Airways Jets for Jobs

The terms of LOA #81 (Immediate Small Jets), including Attachment B (Small Jets), Attachment B-1 (Affected Pilot List), and Attachment B-3 (Jets for Jobs Protocol) as modified by LOA #83 (Accelerated Small Jets), and Attachment A to LOA #84 (Supplementary Cost Reductions) that are relevant to and modify the parties’ current Collective Bargaining Agreement and are not inconsistent with this Letter of Agreement and are agreed to and incorporated herein by reference.

B. Seniority

The names of any U pilot accepting employment with Chautauqua Airlines, Inc. will be attached to the bottom of the Chautauqua Airlines Pilots System Seniority List in effect at such time of commencement of employment with the Company in accordance with the Collective Bargaining Agreement.

C. Restrictions

1. Any U pilot, as defined in LOA #81, who voluntarily bids for flyingoutside the aircraft covered by the Jets for Jobs terms andconditions will cease to be a U pilot covered by LOA #81/#83/#84and will no longer be afforded the protections of LOA #81/#83/#84,or any subsequent small jet agreement reached between USAirways and ALPA, so long as he remains in the employ of theCompany.

2. In the event of a reduction of the number of aircraft flown by theCompany under code sharing agreement with US Airways, Jets forJobs aircraft shall be eliminated first before a reduction in thenumber of US Airways non-Jets for Jobs aircraft.

3. Any new pilot base created because of the acquisition of anyimmediate small jet under LOA #81 or LOA #83 must be staffed atleast fifty percent (50%) by non-U pilots.

D. Thirty-Two (32) Accelerated Small Jet Limit

The Company shall operate no more than thirty-two (32) additional small jets under the terms of LOA #81, LOA #83 or any subsequent ALPA/US Airways Jet for Jobs Agreement without the express written agreement with the IBT.

E. Access to Information

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The Company will provide the Union with the following information to allow the Union to monitor compliance with LOA #81 and LOA #83 and the terms of this Agreement:

1. After the Company and US Airways reach a commercial agreementpursuant to LOA #81 and LOA #83, the Company will provideinformation on the Company’s expected aircraft delivery scheduleand pilot hiring schedules associated with that agreement.

2. All information in paragraph 6, Attachment A (the Protocol) to LOA#81, required to be furnished to the ALPA by US Airways, as suchinformation relates to Chautauqua, shall also be sent to theSecretary/Treasurer of IBT Local 747.

F. Conflict

In the event of any conflict between this Letter of Agreement and the terms of LOA #81/#83/#84, the terms of LOA #81/#83/#84 shall apply.

G. Duration of Letter of Agreement

This Letter of Agreement will become effective on the date of its signing and will remain in full force and effect concurrent with the Agreement and any amendments thereto provided, however, this Letter of Agreement will become null and void under either of the following circumstances:

1. LOA #81 or LOA #83 is rendered null and void; or

2. Chautauqua Airlines, Inc. does not acquire any additional small jetsin conformity with LOA #81 and LOA #83.

G. Expedited Board of Adjustment Procedures

Should any dispute arise over the interpretation of this Agreement or over compliance with its terms, such dispute shall be resolved on an expedited basis directly before a neutral arbitrator mutually agreeable to both parties. If a mutually agreed upon arbitrator cannot be selected within ten (10) days of the grievance filing, either party may request the National Mediation Board to provide the parties with a panel of seven (7) neutrals who are members of the National Academy of Arbitrators with aviation arbitration experience. The parties shall, by the alternate strike method, select an arbitrator from the panel within fifteen (15) calendar days of receipt of the panel. The party who requested the neutrals shall have first strike from the National Mediation Board panel. The dispute shall be heard no later than thirty (30) days after selection of the arbitrator (subject to the availability of the arbitrator) and shall be decided no later than thirty (30) days following the hearing, unless the parties agree otherwise in writing.

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IN WITNESS WHEREOF, the undersigned parties have signed this Letter of Agreement this 17th day of October, 2003.

FOR CHAUTAUQUA AIRLINES FOR THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 747

________/S/_____________ Bryan Bedford Chief Executive Officer

___________/S/_______________ E.E. Sowell, General Counsel Secretary-Treasurer IBT Local 747

_________/S/____________ Wayne HellerChief Operating Officer

____________/S/______________ Don Treichler, Director Airline Division

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