B. Scope
1. Except as provided in paragraphs B.2. and B.3. below, Pilots on the Company
Pilots’ System Seniority List (“Pilots’ System Seniority List”) will perform all
Company Flying in accordance with the terms and conditions of the Agreement.
The phrase “Company Flying” means all flying performed by or for the Company
and includes, without limitation, all such flying (a) on aircraft leased or owned by
the Company or any Airline, or (b) under the operational control or operating
certificate of the Company or any Airline, including wet leases and contracting for
other carriers or entities (government, military or commercial), but does not
include dry leases to other carriers or entities so long as the lessee under such a
dry lease is not performing Company Flying as defined in clause (b) of this
paragraph B.1.
....
D. Successorship
1. This Agreement will be binding upon any successor or merged company or
companies or any successor in control of the Company, or of any Airline,
regardless of the nature of the transfer of control (including purchase, sale,
merger, consolidation, acquisition, leasing of the operation, and reorganization
for the benefit of creditors) unless or until changed in accordance with the
provisions of the Railway Labor Act, as amended. As soon as the Company or an
Airline becomes aware of a transaction described in the foregoing sentence and
it is legally permissible to disclose such information, it shall provide the
Association with written notice of the transaction.
2. Neither the Company nor an Airline shall enter into or be a party to any
transaction described in paragraph D.1. above (a “successorship transaction”)
unless the successor agrees in writing, as an irrevocable condition of the
successorship transaction, to assume and be bound by the Agreement, to
recognize the Association as the representative of the Pilots and to employ, in
accordance with the provisions of the Agreement, those Pilots on the Pilots’
System Seniority List who are employed by the relevant Airline or Airlines at the
time of the closing of the successorship transaction.
3. If the Company or any Airline enters into or becomes a party to a transaction by
which one or more other air carriers (or a company that controls one or more
other air carriers or that is under common control with one or more other air
carriers) acquire or will acquire control of the Company or any Airline and it is
2
decided to operationally merge the Company or any Airline and the other air
carrier(s):
a. The Pilots on the Pilots’ System Seniority List employed by the Airline(s)
which were acquired at the time of the closing of the successorship
transaction will be integrated into the Pilot seniority list(s) of the other air
carrier(s) as provided in paragraph E.1.; and
b. The respective Pilot collective bargaining agreements of the Company
and the other air carrier(s) (if any) shall be merged as provided in
paragraph E.2. and E.3.
No matter if PNCL buys more airlines or if PNCL sells airlines- our scope deals with it. The last 6 years spurred quite the "learning curve" with the introduction of holding companies.
