Scope Section of new TA
Date of Signing: December 1, 2004
Amendable Date: December 1, 2008
CONTRACT 2004
AGREEMENT
between
EXPRESSJET AIRLINES, INC.
and
THE AIR LINE PILOTS
in the service of
EXPRESSJET AIRLINES, INC.
SECTION 1
RECOGNITION AND SCOPE
A. Recognition
1. In accordance with certification number R-6193 and the decision of the
National Mediation Board dated July 17, 2001, ExpressJet Airlines, Inc.,
the “Company,” recognizes the Air Line Pilots Association, International,
the “Association,” as the authorized representative of pilots employed by
the Company for the purposes of the Railway Labor Act, as amended.
2. This collective bargaining agreement and any letters of agreement
between the Company and the Association may be collectively referred to
as “the Agreement” or “this Agreement.”
B. Scope
1. This Agreement covers all present and future revenue flying and all
known and recurring miscellaneous flying performed by or for the
Company or a subsidiary of the Company. The terms “revenue flying and
all known and recurring miscellaneous flying” include, but are not limited
to, all flying on the Company’s or a subsidiary’s aircraft, whether leased
or owned, under the Company’s or a subsidiary’s operational control,
including wet leases, subcontracting that is performed for others, revenue
flights, and charter flights, but does not include flying performed on such
aircraft as a result of a dry lease to another carrier or entity, delivery of
aircraft from a seller or to a purchaser, and positioning of aircraft in
conjunction with maintenance.
2. All flying covered by this Agreement shall be performed by pilots whose
names appear on the Pilot’s Seniority List in accordance with the terms
and conditions of this Agreement.
C. Subcontracting
1. “Subcontracted Flying” refers to transactions in which the Company
contracts for another carrier and its pilots to perform flying, e.g., a “wet
lease,” covered by paragraph B, above.
2. Except for the irregular operations enumerated below, or unless
compelled solely because of circumstances over which the Company does
not have control as specified in subparagraph 3, below, the Company will
not engage in Subcontracted Flying without prior written agreement with
the Association. “Irregular operations” shall be passenger or cargo
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Section 1 – Scope
accommodation because of flight cancellations in the normal course of
business, (e.g., weather, or mechanical or other operational reasons),
accommodations of passengers or cargo pursuant to standard practices,
e.g., overbookings, transportation of excess baggage, and flights with
chartered equipment for the exclusive purpose of transporting parts or
personnel to repair aircraft.
3. The Company may engage in Subcontracted Flying solely because of
circumstances over which the Company does not have control for a time
not to exceed the duration of the circumstances beyond the Company’s
control or 12 months, whichever is less. Circumstances beyond the
Company’s control shall be an act of nature; an ongoing labor dispute;
grounding or repossession of a substantial number of the Company’s
aircraft by a government agency or court order; loss or destruction of the
Company’s aircraft; involuntary reduction in flying operations because of
either a decrease in available fuel supply or other critical materials for the
Company’s operation; revocation of the Company’s operating
certificate(s); war emergency; or, a substantial delay in the delivery of
aircraft scheduled for delivery.
4. Flying performed by another carrier whereby the other carrier transports
passengers or cargo pursuant to a code-share, interline, block space or
other similar agreement shall not be considered Subcontracted Flying.
D. Successor and Mergers
1. 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 the Company through a single
transaction or multi-step related transactions which close within a 12
month period.
2. No contract or other legally binding commitment involving the transfer of
ownership or control pursuant to a successorship transaction, whether by
sale, transfer or lease of the Company or substantially all of its assets,
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 the rates of pay, rules and working conditions set
forth in this Agreement will be assumed by the successor employer and
employees on the then current pilots’ seniority list will be employed 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 Association, at the time the seller, transferor,
or lessor executes a definitive agreement with respect to a transaction as
herein described.
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Section 1 – Scope
3. Unless otherwise agreed, the following provisions shall apply in the event
of a successorship transaction in which the successor is an air carrier or
an affiliate of an air carrier, or a transaction in which the Company
acquires control of another air carrier; and
a. The integration of the seniority lists of the respective pilot groups
shall be governed by Association Merger Policy if both pretransaction
pilot groups are represented by the Association. If the
other pre-transaction group is not represented by the Association,
Sections 3 and 13 of the Allegheny-Mohawk Labor Protective
Provisions (“LPP”) shall apply. The successor or Company, as
appropriate, shall accept the integrated seniority list, including any
conditions and restrictions, established through Association
merger policy or LPP proceedings, as applicable; and,
b. The respective pilot collective bargaining agreements shall be
merged into one agreement as the result of negotiations among
the pilot groups and the successor or the Company. If a fully
merged agreement is not executed within 9 months from the date
a final and binding integrated pilot seniority list is issued, the
parties shall jointly submit outstanding issues to binding interest
arbitration; and,
c. The aircraft (including orders and options to purchase aircraft)
and the operations of each pre-transaction airline shall remain
separated until such time as both pilots’ seniority lists are
integrated and the pilot collective bargaining agreements are
combined in accordance with paragraphs D.3.a and D.3.b, above;
and,
d. Pending the merger of the pre-transaction carrier and the pilot
collective bargaining agreements and seniority lists, no pilot on
the Pilot’s Seniority List shall be reduced in status or pay category
as an effect of the merger, purchase or acquisition.
4. 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
Association 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 postmerger
representative shall be governed by the Railway Labor Act
and by any applicable rulings or orders of the National Mediation
Board.
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Section 1 – Scope
b. Subject to applicable securities and other laws and regulations,
the Company will review with the Association the details of any
material agreements relating to successorship transactions in a
timely manner, provided that no financial or other confidential
business information need be disclosed unless suitable
arrangements are made for protecting the confidentiality and use
of such information.
c. The Company or surviving carrier, if different than the Company,
shall meet promptly with the Association, upon request, to
negotiate the implementation of the requirements of this
paragraph.
E. Expedited Board of Adjustment Procedures
The Company agrees to arbitrate any grievance filed by the Association alleging
a violation of this Sections 1, on an expedited basis directly before the System
Board of Adjustment sitting with a neutral arbitrator mutually acceptable to both
parties. If a mutually agreed upon arbitrator cannot be selected within 3 days of
the filing, an arbitrator will be selected pursuant to Section 20, Resolution of
Disputes, of this Agreement. The dispute shall be heard no later than 30 days
following the submission to the system board, subject to the availability of the
arbitrator, and shall be decided no later than 30 days following submission of
briefs or the close of the hearing, unless the parties agree otherwise in writing.
F. Management Rights
Except as restricted by this Agreement, the Company shall retain the right to
manage and operate its business and work force, which may include the right to:
sell or discontinue all or part of its business; to sell or lease aircraft or facilities;
determine where and when to operate scheduled or unscheduled flights;
determine its marketing methods and strategies; enter into code sharing,
affiliation or marketing agreements with other carriers; invest, including equity
investment, in other business entities including other air carriers; and determine
the type of aircraft it will utilize.
