Letter of Agreement for Sjet for FA's at NWA
LETTER OF AGREEMENT
Between
NORTHWEST AIRLINES INC
And
THE PROFESSIONAL FLIGHT ATTENDANTS ASSOCIATION
Whereas, the Company and PFAA have an interest in facilitating employment
opportunities for Flight Attendants who have been furloughed from the Company; and
Whereas, an opportunity exists for certain furloughed Northwest Airlines, Inc. Flight
Attendants to be hired as Flight Attendants by SJet (a potential 51-76 seat small jet
operator owned greater than 50% by Northwest Airlines, Inc.).
The following provisions will apply:
A Company Flight Attendants who are on layoff and who are selected to perform services
for SJet (SJet Flight Attendant) will, for purposes of the NWA/PFAA Agreement, be
considered to be on layoff from Northwest Airlines, Inc., pursuant to Section 14 of the
NWA/PFAA Agreement for all purposes during their terms of service as SJet Flight
Attendants. Such Flight Attendants will, during their terms of service at SJet, be treated consistently with other furloughed Northwest Airlines Flight Attendants for purposes of
seniority, pension, longevity for pay, vacation, sick leave and SIV Date adjustment.
B During the term of employment with SJet, all pay, benefits, pension, work rules,
policies and procedures shall be established by SJet. Flight Attendants in the service of
SJet shall have separate seniority dates for NWA and SJet and reside on the two
separate seniority lists simultaneously.
C Company Flight Attendants who are on layoff and who are not hired by SJet shall have
no recourse (against either NWA or SJet) under this Agreement to challenge the
decision of SJet not to hire them.
D Notwithstanding the provisions of Section 14 of the NWA/PFAA Agreement regarding
recall of furloughed Flight Attendants, the following provisions shall apply to Company
Flight Attendants who are on layoff and who are selected to perform services for SJet.
1. Minimum Term of Service
The recall rights of an SJet Flight Attendant shall be deemed modified to the extent
necessary to provide for a Minimum Term of Service at SJet of 18 months. Such
18-month Minimum Term of Service shall begin on the date of hire by SJet and
shall end after the completion of the 18th flying month of employment with SJet.
2. Maximum Monthly Recall
The recall rights of an SJet Flight Attendant shall be deemed modified to the extent
necessary to provide that SJet may limit the maximum number of SJet Flight
Attendants recalled to the Company to five (5) per month. Only SJet Flight
Attendants who have completed their 18-month Minimum Terms of Service shall
be eligible for recall by the Company (in seniority order as listed on the
NWA/PFAA System Seniority List).
3. Recall from SJet
a. Recall Bypass: An SJet Flight Attendant who has not completed her/his Minimum
Term of Service obligation to SJet, or is not one of the five (5) most senior SJet
Flight Attendants who has completed her/his Minimum Term of Service obligation
to SJet, and who would otherwise be eligible for recall by the Company, shall be
bypassed for recall until such time as s/he has both (i) become one of the five (5)
most senior SJet Flight Attendants who has completed her/his Minimum Term of
Service obligation to SJet; and (ii) would otherwise be subject to recall by the
Company.
b. If an SJet Flight Attendants’ employment at SJet is terminated for any reason
before the time that she/he would be eligible for recall by the Company pursuant to
subparagraph a., above, she/he shall nevertheless be bypassed for recall until such
time as she/he would have been eligible for recall by the Company pursuant to
subparagraph a., above.
c. If an SJet Flight Attendant is on layoff status with SJet at a time when she/he
would otherwise be recalled by the Company, his/her Minimum Term of Service
obligation to SJet shall be deemed satisfied, and he shall not be subject to the
Maximum Monthly Recall provisions of subparagraph 2., above.
d. The parties recognize that the Recall Bypass provisions of this Letter of Agreement
may result in junior NWA Flight Attendants being recalled prior to more senior
NWA Flight Attendants employed by SJet, and new hire NWA Flight Attendants
being hired before NWA Flight Attendants employed by SJet are recalled. The
parties agree that the presence of such junior Flight Attendants and/or new hire
Flight Attendants in active service at the Company shall not create a recall right for
NWA Flight Attendants employed by SJet who were bypassed for recall as
provided in this Letter of Agreement; rather, such furloughed NWA Flight
Attendants employed by SJet will only be recalled when a need for additional
Flight Attendants exists at NWA and such Flight Attendant is the senior-most
Flight Attendant eligible for recall. The parties further agree that the five (5) year
period of continuous layoff provided by Section 14 H. of the NWA/PFAA
Agreement shall be tolled during any period of time that a furloughed NWA Flight
Attendant employed by SJet has been bypassed as provided in this Letter of
Agreement, but in no case should a period of continuous layoff exceed 84 months.
4. The Company shall maintain a list, updated on a quarterly basis and provided to the
PFAA, of furloughed NWA Flight Attendants who are on the SJet system seniority
list. The list shall include, for each such Flight Attendant, the date she/he
completes (or is projected to complete) his/her Minimum Term of Service at SJet,
and whether she/he is eligible for recall or subject to the Recall Bypass provisions
of this Letter of Agreement.
5. Any furloughed NWA Flight Attendant employed by SJet whose recall is delayed
or bypassed as a result of this Letter of Agreement, shall not be eligible for NWA
pay, benefits or accruals of any kind, including but not limited to, pension,
longevity for pay, vacation, sick leave and SIV Date adjustments during the period
of the delay or bypass.
6. Any furloughed NWA Flight Attendant employed by SJet whose recall was
bypassed as a result of the Letter of Agreement, and who is later eligible for recall,
shall have the right under Section 14 of the NWA/PFAA Agreement to decline
recall, provided there is a junior Flight Attendant on layoff who is eligible for
recall.
7. For purposes of application of Section 12.C.9, of the NWA/PFAA Flight Attendant
Agreement, furloughed Flight Attendants employed by SJet whose recall has been
delayed or bypassed as a result of this Letter of Agreement shall not be considered
when determining whether the Company can or can not fill permanent vacancies
through the application of Letters of Preference.
SJet Preferential Hiring
1. NWA shall obtain from SJet a waiver should SJet implement a policy that would
otherwise require a furloughed NWA Flight Attendant resign his/her employment
at NWA to be eligible for employment at SJet as a Flight Attendant.
2. NWA shall obtain from SJet a commitment to hire as SJet Flight Attendants
furloughed NWA Flight Attendants who apply, subject to the following conditions:
a. The applicant must submit a properly completed application to SJet in compliance
with SJet’s standard Flight Attendant employment application process.
b. The applicant must (i) submit to the standard interview process required of Flight
Attendant applicants at SJet; (ii) pass the standard SJet background check and
medical evaluation for Flight Attendants.
c. With respect to laid off Flight Attendants whose applications are on file at any one
time at SJet, and who meet the hiring requirements described in subparagraph b.
above, SJet shall make offers of employment in seniority order as listed on the
NWA/PFAA Flight Attendant System Seniority List.
F In order to be hired at SJet pursuant to this Letter of Agreement, furloughed NWA
Flight Attendants shall first be required to sign the attached document acknowledging
his acceptance of the terms of this Letter of Agreement. Such Flight Attendant shall
provide the signed acknowledgement to SJet in accordance with the instructions set
forth on the attachment. The Company shall provide a copy of the signed
acknowledgement to the PFAA.
