World, ATA , and North American

[flynlow]

SECTION 1 -

RECOGNITION AND SCOPE​

​

B. Scope


1. This Agreement shall cover all services performed by Crewmembers for the Company on all its operations and operations on any additional Part 121 airline operating certificate acquired or controlled by the Company, except as otherwise provided in this Agreement.

2. Except as otherwise provided in this Agreement, all present and future revenue and nonrevenue flying performed by or for the Company shall be performed by Crewmembers on the ATA Crewmember System Seniority List in accordance with the terms and conditions of this Agreement including flying (1) on the Company’s aircraft (whether leased or owned), (2) under the Company’s operational control, including wet leases and contracting for other Air Carriers or entities (government, military or commercial), or (3) conducted by any other Air Carrier under the Company’s name, logo or marks.


3. The Company shall not create or acquire an alter ego Air Carrier.

4. Nothing in this Section shall preclude the Company from entering into a code-share agreement, a marketing agreement, an interline agreement, or a pro-rate or block space agreement, so long as such agreements do not result in the Furlough of any Crewmember on the System Seniority List.
[FONT=Arial, sans-serif]C. Exceptions to Paragraph B Above[/FONT]
[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif]1. Paragraph B above shall not prohibit the Company from Dry Leasing aircraft to Air Carriers or Entities unaffiliated with ATA or ATA Holdings; provided, however, in the event of a Crewmember work stoppage, the Company’s designator code shall not be employed in connection with the operations of those Dry Leased aircraft.[/FONT]
[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif]2. Paragraph B above shall not restrict ATA's right to utilize inoperations governed by paragraph B.1 or flying governed by paragraph B.2:[/FONT]
[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif]a. Qualified management personnel on the System Seniority List or Auxiliary Pilot Group List as set forth in this Agreement.[/FONT]
[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif]b. Wet Lease and Subservice[/FONT]
[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif](1) Crewmembers employed or retained by another Air Carrier or Entity that Wet Leases or Subservices an aircraft to ATA, if necessary to accomplish the needs of the Company and the Company does not have suitable, readily available aircraft or Crewmembers (flight deck or cabin crew) available to perform the flying, but such Wet Lease or Subservice shall not extend beyond twelve (12) days per instance. [/FONT]
[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif](2) The Company may enter into a Wet Lease or obtain Subservice in the event of late delivery of newly acquired aircraft where the late delivery is not caused by the Company or in the event of the grounding by a government Entity of an aircraft fleet or aircraft series within a fleet.[/FONT]
[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif](3) The Company may enter into a Wet Lease or obtain Subservice for any other reason provided such arrangement does not exceed sixty (60) days per instance. The Company may use this exception no more than four (4) times within any rolling twelve-Monthly period.[/FONT]
[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif](4) For purposes of subparagraphs C.2.b(1) and (3), each "instance" shall involve no more than one aircraft.[/FONT]
[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif]c. Crewmembers employed or retained by an Entity for whom ATA has agreed to provide crewmember training during said training.[/FONT]
[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif]d.Pilots operating corporate aircraft used to support the Company’s operations (e.g., transport of parts or other Company employees) or executive travel (e.g., ExecuJet pilots). [/FONT]
[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif]e. Crewmembers of aircraft lessors, aircraft manufacturers, or their contractorsconducting delivery flights in connection with newly acquired aircraft provided there are no Qualified ATA Crewmembers available to conduct said delivery flights. [/FONT]
[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif]f. Crewmembers of aircraft lessors, aircraft manufacturers or their contractors conducting training of ATA check airmen and/or instructorsin connection with a newly acquired aircrafttype provided the use of such crewmembers does not exceed one hundred and twenty (120) days following the initial aircraft delivery date.[/FONT]
[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif]3. No ATA Crewmember shall be Furloughed as a result of the application of any of the exceptions listed in this paragraph C, except in the event of the grounding by a government Entity of an aircraft fleet or aircraft series within a fleet.[/FONT]
[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif]4. The application of any of the exceptions listed in this paragraph C shall be commensurate in time and scope with the circumstances that give rise to the exception and shall not exceed any time limit stated herein.[/FONT]

 

[flynlow]

D. Successorship

[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif]This Agreement shall be binding upon any successor, including without limitation, any merged Company or companies, assignee, purchaser, transferee, administrator, receiver, executor, and/or trustee of the Company (such Entity to be deemed a “successor”). The Company and ATA Holdings Corporation shall require a successor to assume and be bound by all the terms of this Agreement as a condition of any transaction that results in a successor. In the event the Company enters into an agreement that could lead to a successorship transaction, the Company shall (a) notify the Association, in writing, of the agreement within three (3) days after the execution of such agreement; and (b) provide the Association with a copy of the provisions of the agreement that bind the successor to the terms of the Agreement.[/FONT]
<H2 style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">E. Labor Protection

Unless otherwise agreed, the following provisions shall apply in the event of a successor transaction in which the successor is an Air Carrier or is an affiliate of an Air Carrier, or one in which the Company or an affiliate acquires control of another Air Carrier.
1. The integration of the seniority list of the respective Crewmember groups shall be governed by Association merger policy if both Crewmember groups are represented by the Association. If the other group is not represented by the Association, Sections 2, 3, 12 and 13 of the Allegheny-Mohawk Labor Protective Provisions (“LPPs”) shall apply provided, however, that for purposes of this Agreement, the "20 days" provision in section 13(a) of the LPP's shall be replaced with "10 days" and the "90 days" provision shall be replaced with "30 days". The implementation of an integrated seniority list shall not result in a "system flush" (the rebid of all Positions) or any other action which would substantially increase the Company's training costs. Further, any seniority integration agreement shall not contain provisions that would require the Company to maintain staffing in any Status greater than what it decides is necessary for the operation.
2. The successor or the Company will not accept or implement an integrated seniority list unless it has been established pursuant to this Section.
3. The respective Crewmember collective bargaining agreements shall be integrated into one (1) agreement as the result of negotiations among the Crewmember groups and the successor or Company. If a fully integrated agreement is not executed by the time a final and binding integrated seniority list is issued, the parties shall jointly invoke expedited interest arbitration under the timeline set out in paragraph G below to resolve the dispute. Each party shall submit no more than ten (10) specific remaining open items for adjustment by the System Board. All elements of compensation (e.g., hourly rates, minimum guarantees, longevity scales, overrides, premiums, etc.) shall be considered one item. As to other issues, each specific proposed change shall be considered one item. For example, maximum on Duty Period, Trip length limitation, and vacation accrual rate would each be a separate item. The System Board shall be limited in its award to the open issues, and within the offers or Positions of the parties.
4. Representation of the Crewmembers of the successor shall be determined by representatives of the employees in accordance with the Railway Labor Act.
5. The aircraft (including orders and options to purchase aircraft) and the operations of each airline forming the successor shall remain separated until such time as both the Crewmember seniority lists are integrated and the Crewmember collective bargaining agreements are integrated in accordance with paragraphs E.1 and E.3.
6. Pending the merger of the carriers and the integration of the Crewmember collective bargaining agreements and seniority lists, no Crewmember on the Seniority List shall be Furloughed or reduced in Status as a result of the merger.
[FONT=Arial, sans-serif]F. Fragmentation
[FONT=Arial, sans-serif] [/FONT]
[FONT=Arial, sans-serif]In the event of a substantial asset sale, the Company shall make a good faith effort to have the transferee offer employment to Furloughed ATA Crewmembers.[/FONT]


[/FONT]​

</H2>

 

[nyboilermaker]

Thanks.

The good old no alter ego clause. We'll see what happens this time around.

One List, One Company.

-NYB

 

[jhflyhi]

Thanks for the contract post flynlow! I evesdropped in on the town hall meeting this morning. I tried to ask how much the "Transmeridian" management at World Air Holdings will make in Stock Options, Bonuses and Bail Out Packages but they cut me off. We'll se how long these guys hang around, my net is not for long, I hope I'm wrong.

 

[Beer&Brauts]

Thanks for the contract post flynlow! I evesdropped in on the town hall meeting this morning. I tried to ask how much the "Transmeridian" management at World Air Holdings will make in Stock Options, Bonuses and Bail Out Packages but they cut me off. We'll se how long these guys hang around, my net is not for long, I hope I'm wrong.

Strange, they must have edited your question out of the recording they posted online, almost like they are ashamed of themselves? If/when they leave they will be sorely missed!

 

[SWA/FO]

I guess, Mega might be done crying about Southwest and ATA. Don't look like we are going to be buying 'em.

 

[legalalien]

FlynLow,

There seems to be a rather large hole in that language. It talks about the Company (ATA) in section B2. ATA holdings seems to be buying World/NAA not ATA (which appears to be a subsiduary of ATA holdings), so B2 does not seem to apply.

Additionally the successorship language would not apply if ATA holdings and ATA remain as they are and World/NAA are added as a seperate subsiduary of ATA holdings.

At least that is how I read what you posted and I am no lawyer (I am happy to say!!).

 

[atafan]

I guess, Mega might be done crying about Southwest and ATA. Don't look like we are going to be buying 'em.

Funny, I heard that the investment bankers and the new ATA Holding Corp/Global Aero Logistics were in talks about buying SWA just make that 4th leg of their airline empire.

SWA/FO expect to be stapled as the 4th leg.

Just kidding but see how it feels.

 

[atafan]

Just to add to the thread.

On the private ATA pilot board the only seniority integration discussions have been about doing the right thing and being an example that other airlines should follow. I know that this isn't a merger, yet, but the ATA pilots continue to impress me as stand up ladies and gentlemen.

The word "staple" or mine is bigger than yours has not been brought up once.

Unity, fairness and doing the right thing is so little heard in our industry. There might just be hope after all.

 

[MD11Drvr]

Just to add to the thread.

On the private ATA pilot board the only seniority integration discussions have been about doing the right thing and being an example that other airlines should follow. I know that this isn't a merger, yet, but the ATA pilots continue to impress me as stand up ladies and gentlemen.

The word "staple" or mine is bigger than yours has not been brought up once.

Unity, fairness and doing the right thing is so little heard in our industry. There might just be hope after all.

I am glad to hear that. I would like to think we (now that we are we) will do this right and pull the trump card Mgmt was planning to have in thier ability to whipsaw the airlines off of each other. I would be glad to lose/gain some seniority if it would screw thier plans to screw us.