TEXAN AVIATOR
Bewbies
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- Oct 21, 2002
- Posts
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ExpressJet Contract for anyone interested -
Successor and Mergers
1. This Agreement shall be binding upon any successor or assign of the Company
unless and until changed in accordance with the provisions of the Railway Labor
Act, as amended. For purposes of this paragraph, a successor or assign shall be
defined as an entity which acquires all or substantially all of the assets or equity of
the Company through a single transaction or multi-step related transactions which
close within a 12 month period.
2. No contract or other legally binding commitment involving the transfer of
ownership or control pursuant to a successorship transaction, whether by sale,
transfer or lease of the Company or substantially all of its assets, will be signed or
otherwise entered into unless it is agreed as a material and irrevocable condition
of entering into, concluding and implementing such transaction that the rates of
pay, rules and working conditions set forth in this Agreement will be assumed by
the successor employer and employees on the then current Pilots’ Seniority List
will be employed in accordance with the provisions of this Agreement. The
Company shall give notice of the existence of this Agreement to any purchaser,
transferee, lessee, or assignee of the operation covered by this Agreement or any
substantial part thereof. Such notice shall be in writing, with a copy to the
Association, at the time the seller, transferor, or lessor executes a definitive
agreement with respect to a transaction as herein described.
3. Unless otherwise agreed, the following provisions shall apply in the event of a
successorship transaction in which the successor is an air carrier or an affiliate of
an air carrier, or a transaction in which the Company acquires control of another
air carrier; and
Section 1 - Scope
12
a. The integration of the seniority lists of the respective pilot groups shall be
governed by Association Merger Policy if both pre-transaction pilot
groups are represented by the Association. If the other pre-transaction
group is not represented by the Association, Sections 3 and 13 of the
Allegheny-Mohawk Labor Protective Provisions ("LPP") shall apply. The
successor or Company, as appropriate, shall accept the integrated
seniority list, including any conditions and restrictions, established
through Association merger policy or LPP proceedings, as applicable;
and,
b. The respective pilot collective bargaining agreements shall be merged
into one agreement as the result of negotiations among the pilot groups
and the successor or the Company. If a fully merged agreement is not
executed within 9 months from the date a final and binding integrated
pilot seniority list is issued, the parties shall jointly submit outstanding
issues to binding interest arbitration; and,
c. The aircraft (including orders and options to purchase aircraft) and the
operations of each pre-transaction airline shall remain separated until
such time as both pilots’ seniority lists are integrated and the pilot
collective bargaining agreements are combined in accordance with
paragraphs D.3.a. and D.3.b., above; and,
d. Pending the merger of the pre-transaction carrier and the pilot collective
bargaining agreements and seniority lists, no pilot on the Pilots’ Seniority
List shall be reduced in status or pay category as an effect of the merger,
purchase or acquisition.Successor and Mergers
1. This Agreement shall be binding upon any successor or assign of the Company
unless and until changed in accordance with the provisions of the Railway Labor
Act, as amended. For purposes of this paragraph, a successor or assign shall be
defined as an entity which acquires all or substantially all of the assets or equity of
the Company through a single transaction or multi-step related transactions which
close within a 12 month period.
2. No contract or other legally binding commitment involving the transfer of
ownership or control pursuant to a successorship transaction, whether by sale,
transfer or lease of the Company or substantially all of its assets, will be signed or
otherwise entered into unless it is agreed as a material and irrevocable condition
of entering into, concluding and implementing such transaction that the rates of
pay, rules and working conditions set forth in this Agreement will be assumed by
the successor employer and employees on the then current Pilots’ Seniority List
will be employed in accordance with the provisions of this Agreement. The
Company shall give notice of the existence of this Agreement to any purchaser,
transferee, lessee, or assignee of the operation covered by this Agreement or any
substantial part thereof. Such notice shall be in writing, with a copy to the
Association, at the time the seller, transferor, or lessor executes a definitive
agreement with respect to a transaction as herein described.
3. Unless otherwise agreed, the following provisions shall apply in the event of a
successorship transaction in which the successor is an air carrier or an affiliate of
an air carrier, or a transaction in which the Company acquires control of another
air carrier; and
Section 1 - Scope
12
a. The integration of the seniority lists of the respective pilot groups shall be
governed by Association Merger Policy if both pre-transaction pilot
groups are represented by the Association. If the other pre-transaction
group is not represented by the Association, Sections 3 and 13 of the
Allegheny-Mohawk Labor Protective Provisions ("LPP") shall apply. The
successor or Company, as appropriate, shall accept the integrated
seniority list, including any conditions and restrictions, established
through Association merger policy or LPP proceedings, as applicable;
and,
b. The respective pilot collective bargaining agreements shall be merged
into one agreement as the result of negotiations among the pilot groups
and the successor or the Company. If a fully merged agreement is not
executed within 9 months from the date a final and binding integrated
pilot seniority list is issued, the parties shall jointly submit outstanding
issues to binding interest arbitration; and,
c. The aircraft (including orders and options to purchase aircraft) and the
operations of each pre-transaction airline shall remain separated until
such time as both pilots’ seniority lists are integrated and the pilot
collective bargaining agreements are combined in accordance with
paragraphs D.3.a. and D.3.b., above; and,
d. Pending the merger of the pre-transaction carrier and the pilot collective
bargaining agreements and seniority lists, no pilot on the Pilots’ Seniority
List shall be reduced in status or pay category as an effect of the merger,
The following additional requirements shall be applicable in the event of a merger,
purchase or acquisition involving the Company, regardless of the identity of the
surviving carrier or whether formerly separate operations are to be integrated.purchase or acquisition involving the Company, regardless of the identity of the
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