Below is the scope from the FLOPS contract and I am looking for clarity. First, the contract is between FLOPS, the 1108 and FLOPS parent company. From the definitions at the bottom, it shows that FLOPS parent company is "Flight Options Holdings II, Inc.
So, since the contract does not mention Directional Aviation Capital in the scope, how can there even be an argument that Flex would have to unionize, especially since we were purchased by DAC and not Flight Options Holdings II, Inc.? Thank you.
1.1 Introduction
1.1(a) Pursuant to the certification by the National Mediation Board in Case No. R-7072 dated March 3, 2006, this Agreement is entered into by and between Flight Options, LLC (hereinafter “Flight Options” or “Company”) and the International Brotherhood of Teamsters, Airline Division (hereinafter “Union”) as representative of Captains and First Officers of the Company, (hereinafter “Pilot(s)”) pursuant to the terms of the Railway Labor Act, as amended (hereinafter the “Act”) in the mutual interests of the Pilots and the Company to promote the safety and continuity of air transportation, to further the efficiency and economy of operations, and to provide for orderly collective bargaining pertaining to rates of pay, rules or working conditions, between the Company and its Pilots. TA 03/24/09
1.1(b) This Agreement shall supersede all previous Agreements by and between the Company and the Union or any other labor organization or individual with respect to the Pilots described above and shall constitute the sole Agreement between the Company and the Union. Any and all agreements made by the parties shall be reduced to writing and signed by the authorized representatives. An “authorized representative” of the Union shall be any authorized agent of the Teamsters Airline Division, including the President of the Executive Board of Local 1108, or his designee. TA 03/24/09
1.2 Scope of the Agreement
1.2(a) Except as otherwise provided in this Section, all present and future revenue flying performed in and for the service of the Company, its Affiliates, or the Company’s Parent, including present and future flying performed on behalf of the Company, its Affiliates, or Parent pursuant to any agreement or arrangement towhich the Company, any of its Affiliates, or Parent holds a majority interest, shall be performed by Pilots named on the Flight Options Pilots Seniority List in accordance with the terms and conditions of this Agreement and any other applicable agreement between the Company and the International Brotherhood of Teamsters, Airline Division. TA 10/30/09
1.2(b) The Company will actively employ a minimum number of Line Pilots on the Flight Options Seniority List that is commensurate with the Company’s fractional hours under Management and JetPASS card holder hours. The number of Line Pilots required will be measured quarterly by dividing the fractional Hours under Management and JetPASS card holder hours at the end of each quarter by 800 hours, then multiplying by 4.0. TA 10/27/09
1.10(i) “Parent” means an Entity that controls another Entity. The Flight Options LLC parent company is Flight Options Holdings II, Inc, and “Parent” does not include any entity that controls Flight Options Holdings II, Inc.
TA 10/31/09