MORE SELECTED EXCERPTS (THESE PERTAIN MORE TO THE NJI PILOTS):
B. Crewmember Protections Following Recognition of a Single Transportation System
1. The Company may elect to resolve the single carrier issue described in LOA 01-001 by recognizing NJA and NJI as a single transportation system at any time prior to (a) a ruling by the National Mediation Board that NJA and NJI constitute a single transportation system or (b) November 21, 2010, whichever is earlier. The Company will simultaneously provide written notice (a “recognition notice”) to the Union that it has recognized NJI as part of a single transportation system. The provisions of Paragraphs 2 - 5, below, will have no application if the Company does not recognize NJA and NJI as a single transportation system within the time period allowed by this Paragraph.
2. In the event that the Company exercises the election and provided the recognition notice, the parties will promptly commence integration of the NJA and NJI Seniority Lists into a single NetJets Aviation, Inc. Pilot Seniority List established in accordance with LOA 01-011. There will be no system flush or removal of pilots from their positions.
3. NJA and NJI may operate separately under the terms of this LOA through and until November 21, 2010. The Company may terminate separate carrier status and commence operations as a single transportation system prior to November 10, 2010 by sending a second written notice (“final integration notice”) to the Union. The provisions of Part A will remain in effect until such time as (a) the Company provides the final integration notice described in this Paragraph; or (b) November 21, 2010, whichever is earlier. Any Seat Locks incurred pursuant to Paragraph A.4 will convert to Equipment Locks as established in Paragraph B.4.f. and continue for their original duration; provided, that no Seat Lock converted to an Equipment Lock pursuant to this Paragraph will extend beyond November 21, 2012.
4. Subject to the following conditions, the terms and conditions of the 2007 Basic Agreement will apply to all crewmembers on the NetJets Aviation, Inc. Pilot Seniority List, including those at NJI, at the time of the final integration notice or November 21, 2010, whichever is earlier:
a. There will be no system flush or removal of pilots from their positions.
b. NJA and NJI will not offer positions on the 15-Day Flex Schedule described in subsection 19.1(C) to crewmembers operating either the G-IV or a successor Gulfstream aircraft. For purposes of this LOA, a “successor Gulfstream aircraft” includes the Gulfstream 450, G-V, Gulfstream 550, and any other flightattended Gulfstream aircraft.
c. NJA and NJI crewmembers employed by NJI will not suffer a reduction in pay as a result of the recognition of NJA and NJI as a single transportation system and will receive annual wage increases commensurate with annual wage increases received by an NJA crewmember receiving similar pay at the time such pay protection is initiated. A crewmember receiving pay protection pursuant to this subparagraph will forfeit the right to such pay protection in the event that he bids and is awarded a position in an aircraft other than either the G-IV or a successor Gulfstream aircraft.
d. All posted vacancies in G-IV aircraft will be bid and awarded on the basis of seniority.
e. All posted vacancies in the G-V aircraft and any successor Gulfstream aircraft will be filled on the basis of seniority only from among those crewmembers holding positions in either the G-IV or successor Gulfstream aircraft.
i. Captain vacancies in the G-V and successor Gulfstream aircraft will be filled only from among those crewmembers holding Captain positions in the G-IV or successor Gulfstream aircraft.
ii. If an insufficient number of non-locked Captains in the GIV or successor Gulfstream aircraft bid for a position posted pursuant to Paragraph B.4.e, the Company will waive Equipment Locks for Captains in the G-IV and successor Gulfstream aircraft and repost the vacancy. If, after waiving Equipment Locks pursuant to this subparagraph, there are still an insufficient number of bidders, the Company will repost and award the vacancy on the basis of seniority.
f. Gulfstream Equipment and Program Locks
i. A crewmember who is awarded a G-IV aircraft vacancy, other than a crewmember described in subparagraph (ii) below, will incur a twenty-four (24) month Gulfstream Equipment Lock in the G-IV and a sixty (60) month Gulfstream Program Lock. The Gulfstream Program Lock incurred pursuant to this subparagraph will run concurrently with the Gulfstream Equipment Lock described above and will prevent the crewmember for a period of sixty (60) months from bidding and being awarded a seniority-based vacancy in any aircraft other than the G-IV or a successor Gulfstream aircraft.
ii. A crewmember holding a position in the G-IV or a successor Gulfstream aircraft who is awarded a seniority-based vacancy in a subsequent Gulfstream aircraft will incur a thirty-six (36) month Gulfstream Equipment Lock, which will run concurrently with any Gulfstream Program Lock remaining in effect at the time of the award.
iii. Any Seat Locks in effect at the time NJA and NJI commence operations as a single transportation system will convert to Equipment Locks and continue for their original duration; provided, that no Seat Lock converted to an Equipment Lock pursuant to this Paragraph will extend beyond November 21, 2012.
g. The parties agree that no crewmember will be displaced from his existing base airport solely as a result of resolution of the single carrier issue described in Paragraph B.1.
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