This is from ASA's contract:
D. Successorship
The provisions of this Agreement shall be binding upon any successor or merged company or companies unless or until changed in accordance with the provisions of the Railway Labor Act, as amended.
E. Merger Protection
1. If the Company acquires a carrier whose pilots are represented by the Association, the pilots of the Company and the pilots of the acquired carrier will each operate pursuant to their collective bargaining agreement or terms and conditions of employment with their respective seniority lists until the first day of the first month following:
a. conclusion of negotiation of only such provision(s), if any, as may be necessary to cover such acquired carriers’ flying under this Agreement, and
b. integration of the seniority lists of the respective pilot groups. Such seniority integration shall be governed by the Association’s Merger Policies. There will be no “system flush” as a result of seniority integration.
2. If the Company acquires a carrier whose pilots are not represented by the Association, the pilots of the Company and the pilots of the acquired carrier will each operate pursuant to their own collective bargaining agreement or terms and conditions of employment, with their respective seniority lists until the first day of the first month following:
a. conclusion of negotiation of only such provision(s), if any, as may be necessary to cover such acquired carrier’s flying under this Agreement, and
b. integration of the seniority lists of the respective pilot groups. Such seniority integration will be accomplished in a fair and equitable manner, including, where applicable, negotiations between the Company and the representatives of the pilot groups affected. There will be no “system flush” as a result of seniority integration. In the event of failure to reach a negotiated resolution, the seniority integration dispute will be resolved as provided in Sections 3 and 13 of the Labor Protective Provisions specified by the Civil Aeronautics Board in the Allegheny-Mohawk Merger.
3. Upon the announcement of any transaction that is intended to result in the consolidation of the Company with another carrier that affects the seniority rights of pilots on the Seniority List, the parties will meet promptly to discuss the appropriate steps to be taken consistent with this Agreement, e.g., to negotiate an appropriate fence agreement and to implement a seniority integration process as provided for in paragraph E.1. or E.2., above.
4. During the period between the announcement of any transaction described in paragraph E. and the conclusion of the process as provided therein, no pilot who was on the Seniority List and who had completed his probationary period as of the effective date of this Agreement will be furloughed as a result of such transaction.
F. Any grievance filed by the Association alleging a violation of Section 1 shall, at the Association’s option, bypass the initial steps of the grievance procedure and be submitted, heard and resolved through binding arbitration on an expedited basis directly before the System Board of Adjustment. The dispute shall be heard no later than thirty (30) days following the submission to the System Board of Adjustment and decided no later than sixty (60) days after submission, unless the parties agree otherwise in writing.
