Does anyone have the Pinnacle scope clause? It'd be interesting to see what the actual wording is.
SECTION 1
RECOGNITION AND JOB SECURITY
A. RECOGNITION
1. In accordance with certification No. R-5727 of the National Mediation
Board, Case No. R-5802, on August 22, 1998, the Company recognizes
the Association as the collective bargaining agent of the pilots employed
by the Company.
2. The Association and the Company hereby adopt this collective bargaining
agreement (including all related letters of agreement between the
Company and the Association). All such agreements are collectively
referred to herein as the “Agreement.”
B. SCOPE
1. Except as provided in subsections B.2. and B.3., below, all present and
future flying of any form performed by or for the Company will be
performed by pilots on the Pilots’ System Seniority List in accordance
with the terms and conditions of the Agreement. The phrase “present and
future flying of any form performed by or for the Company” includes
without limitation all such flying (1) on the Company’s aircraft (whether
leased or owned), or (2) under the Company’s operational control,
including wet leases and contracting for other carriers or entities
(government, military or commercial), but does not include dry leases to
other carrier or entities.
2. Notwithstanding subsection B.1., above, the Company may assign, wet
lease or contract out present or future flying for a period of nine (9)
months during the term of this Agreement if (1) such conduct is necessary
to accomplish the needs of service of the Company, and (2) the Company
does not have sufficient aircraft and pilots to perform such flying. The
Company will notify the MEC Chairman prior to executing the
assignment, subcontracting or wet lease agreement. No pilot will be
furloughed during any assignment, subcontracting or wet leasing.
3. Notwithstanding subsection B.1., above, the Company may (1) use nonseniority
list pilots in connection with aircraft transactions and (2) use
manufacturer’s pilots to currently qualify the initial cadre of instructors
and check airmen on a new aircraft type. Initial cadre means a sufficient
number of instructors and check airmen to train and qualify pilots for the
arriving fleet.
4. The Company will not create or control another airline for the purpose of
transferring the assets of the Company to such airline and avoiding its
obligations to the pilots of the Company under this Agreement.
E. SUCCESSORSHIP
This Agreement will be binding upon any successor or merged Company or
companies or any successor in the control of the Company, regardless of the
nature of the transfer of control (including purchase, sale, merger, consolidation,
acquisition, leasing of the operation, reorganization for the benefit of creditors,
and bankruptcy) unless or until changed in accordance with the provisions of the
Railway Labor Act, as amended. As soon as the Company becomes aware of a
transaction described in the foregoing sentence and it is legally permissible to
disclose such information, it will advise the MEC Chairman.
F. LABOR PROTECTION
1. In the event of the merger or consolidation of the Company with another
airline which affects the seniority rights of pilots covered by this
Agreement, provisions will be made for integration of seniority lists in a
fair and equitable manner as follows:
a. The integration of seniority lists of the respective pilot groups will
be governed by Association merger policy if both pre-transaction
pilot groups are represented by the Association.
b. If the other pre-transaction pilot group is not represented by the
Association, then Sections 3 and 13 of the Labor Protective
Provisions specified by the Civil Aeronautics Board in the
Allegheny-Mohawk merger (hereinafter "Allegheny-Mohawk
LPPs") will apply.
2. Upon the announcement of a transaction which will or may result in the
acquisition of another airline by the Company or the consolidation of the
Company with another airline, the parties will meet promptly to negotiate
an appropriate fence agreement and/or to implement a seniority integration
process as described in subsection F.1., above. During the period between
the announcement of any transaction described in the preceding sentence
and the earlier of (1) agreement between the parties on a fence agreement,
(2) a completed and implemented seniority integration, or (3) the
operational merger of the entities, no pilot who is furlough protected
pursuant to subsections B.2. and C.1. will be furloughed as a result of such
transaction.
G. RESOLUTION OF DISPUTES
The Company agrees that any grievance filed by the Association alleging a
violation of Section 1 of the Agreement will bypass the initial steps of the
grievance process and will be submitted, heard and resolved through binding
arbitration on an expedited basis directly before the System Board of Adjustment
sitting with a neutral arbitrator. The dispute will be heard no later than thirty (30)
days following the submission to the System Board and decided no later than
sixty (60) days after submission, unless the parties agree otherwise in writing.
