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Pilot - ALPA Contract
FA - AFA Contract
Table of Contents
0 ADMIN
1 RECOGNITION AND JOB SECURITY
1.A RECOGNITION
1.B THIS AGREEMENT
1.B.1 This Collective Bargaining Agreement (Agreement) is made and entered into between the Company and the Association.
1.B.2 This Agreement includes all letters of agreement, grievance decisions and settlements (unless designated non-precedential), and memoranda of understanding, including those that occur after the date of this Agreement, and all amendments that may be made after the date of this Agreement in accordance with Paragraph C., below.
1.B.3 The purpose of this Agreement, in the mutual interest of the Company and the Association, is to provide for the operation of the Company under methods which shall further, to the fullest extent possible, the safety of air transportation, the efficiency of operation, the sustained profitability of the Company and the continued employment of all Pilots under reasonable working conditions and with proper compensation. It is recognized to be the duty of the Company, the Association and the Pilots to cooperate fully and make it their highest priority to provide to the traveling public high quality, affordable, uninterrupted air transportation while maintaining a desirable work environment. Nothing in this Paragraph B.3., however, affects any right of either the Company, the Association, or the Pilots under the Railway Labor Act, as amended, or other applicable law or regulation.
1.B.4 Section, paragraph, and subparagraph references in bold are, unless otherwise stated, to sections, paragraphs, and subparagraphs of the Agreement.
1.C AMENDMENTS TO AGREEMENT
1.D SEPARABILITY
1.E DEFINITIONS
1.E.1 Affiliate means, with respect to a specified Entity:
1.E.1.a any Subsidiary or Parent of the specified Entity; or
1.E.1.b any Subsidiary or Parent of either a Parent or a Subsidiary of the specified Entity; or
1.E.1.c any Entity that Controls the specified Entity or is Controlled by the specified Entity.
1.E.2 Control (including the terms Controlling, Controlled by, under common Control with, and Controlling interest, and with or without capitalization) means in this Section 1 the ownership, whether directly or indirectly through Control of intermediate Entities, of an equity interest representing more than fifty percent (50%) of the outstanding capital stock of an entity or voting securities representing more than fifty percent (50%) of the total voting power of outstanding securities then entitled to vote generally in the election of such Entitys board of directors or other governing body.
1.E.3 Company, Frontier, or Frontier Airlines, Inc. as used in this Agreement, means, and is specifically limited to Frontier Airlines, Inc. and, unless otherwise stated, does not include any other Entity.
1.E.4 Company Flying means flying for which the Company is required by the Agreement to utilize Pilots.
1.E.5 Domestic Air Carrier means an air carrier as defined in 49 U.S.C. Section 40102(a)(2) holding an air carrier certificate issued by the Administrator of the Federal Aviation Administration under 14 C.F.R. Section 119.5.
1.E.6 Entity means a natural person, corporation, association, partnership, trust or any other form for conducting business, and any combination or concert of any of the foregoing.
1.E.7 “Fence Agreement” means an agreement to keep the seniority lists and operations of two (2) or more pilot groups separate and distinct for a pre‑determined period of time.
1.E.8 Force Majeure, as used in this Section 1, means one or more of the following extraordinary events or circumstances if it is beyond the control of the Company and if it negatively impacts the Companys ability to conduct a portion of its flight operations, but it does not include the price of fuel, aircraft, or other supplies, the state of the economy, the financial state of the Company, or the relative profitability or unprofitability of the Companys then-current or projected operations:
1.E.8.a A natural disaster;
1.E.8.b Grounding by a government agency, loss, or destruction of Company aircraft;
1.E.8.c A decrease in available fuel supply or other critical materials due to either governmental action or commercial suppliers being unable to provide sufficient fuel or other critical materials for the Companys operations;
1.E.8.d Revocation of a Company operating certificate;
1.E.8.e A U.S. Government declared national emergency, a war or act of terrorism on U.S. soil;
1.E.8.f Any delay, not caused by the Company, in delivery of new aircraft scheduled for delivery;
1.E.8.g A strike by one or more groups of the Companys employees;
1.E.8.h A health crisis or pandemic.
1.E.9 Parent means any Entity that Controls another Entity.
1.E.10 Pilot when capitalized means a pilot on the Frontier Airlines Pilots System Seniority List.
1.E.11 Subsidiary means any Entity that is Controlled by another Entity.
1.F SCOPE
1.F.1 Except as otherwise provided in this Agreement, all flying performed by the Company shall be performed by Pilots.
1.F.2 The Company, or any Affiliate thereof, shall not establish or acquire an alter ego airline for the purpose of transferring the assets of the Company to such airline or Entity and/or to avoid the terms and conditions of this Agreement. This provision, however, does not prohibit a transaction in accordance with the terms of Paragraphs G. or H., below, provided that the transaction is not for a purpose prohibited by the first sentence of this paragraph.
1.F.3 The Company may enter into a code share agreement, a marketing agreement, a capacity purchase agreement, an interline agreement, a pro‑rate agreement or a block space agreement so long as: (i) the implementation or maintenance of any such agreement(s) does not result in the furlough of any of the Company’s Pilots; (ii) no Company Pilot has been furloughed in the six (6) calendar months preceding the effective date of such agreement(s); and (iii) the Company does not eliminate or reduce its flying on a route (i.e., a non-stop city-pair) and replace the route or flying with flying by another carrier pursuant to any such agreement(s), unless the Company increases its system-wide scheduled block hours in an amount equal to the scheduled block hours attributable to the route elimination or reduction, with such increase to be measured by comparing the Company’s system-wide block hours in each trailing period of twelve (12) calendar months to the same twelve (12) calendar months immediately before the reduction of Company flying on, or elimination of, such route.
1.F.4 The Company may contract with other air carriers to perform present or future flying but only under the following conditions:
1.F.4.a The Company must notify the chairman of the Frontier Pilots ALPA Master Executive Council at least one (1) week before entering into such contract, or within such shorter period, if one (1) week of notice is not feasible under the circumstances;
1.F.4.b Such contract is necessary to fulfill the published schedule of the Company;
1.F.4.c The Company does not have sufficient aircraft to perform such flying;
1.F.4.d Each such contract shall not exceed thirty (30) days in duration; provided, however, if the reason for the contract is damage to Company aircraft or delay (not caused by the Company) in scheduled aircraft delivery, the total duration of the contract may be extended to a maximum of ninety (90) days so long as the Company is making commercially-reasonable efforts to repair, replace or take delivery of the aircraft in question. These duration limits are subject to extension for a period of thirty (30) days or longer with approval of the Frontier Pilots ALPA Master Executive Council; and
1.F.4.e No Pilot is furloughed or Displaced as a result of such contracting.
1.F.5 Non-Seniority List Pilots
1.F.5.a The Company may use manufacturers pilots to qualify Instructor Pilots, Check Airmen, and Pilots on a new aircraft type. The Company may use manufacturers pilots or non - Seniority List pilots to ferry aircraft which are being acquired, sold or surrendered by the Company.
1.F.5.b In addition to the delivery and surrender of Company aircraft specified in Paragraph F.5.a., above, the Company may use non - Seniority List pilots to perform non-revenue flights that:
1.F.5.b.i require the performance of diagnostic tests for which the Companys Pilots are not qualified;
1.F.5.b.ii are maintenance test flights which take off and land at the same airport, or
1.F.5.b.iii flights which transport Company aircraft to and from maintenance facilities provided that :
1.F.5.b.iii.a Pilots and non-Seniority List pilots shall not be paired together ;
1.F.5.b.iii.b "maintenance facilities" as used in this paragraph shall mean Denver and Tampa, and other locations that are mutually agreed to, in writing, by the parties;
1.F.5.b.iii.c non-Seniority List Pilots will only transport Company aircraft to a maintenance facility if such flight can only be operated with a ferry permit or if the aircraft is being moved to the maintenance facility for a C check or greater;
1.F.5.b.iii.d non-Seniority List pilots may reposition flights from a maintenance facility only if the maintenance facility is not a Pilot Domicile.
1.F.5.c When employing non - Seniority List pilots, the Company will make commercially reasonable efforts to identify and recruit pilots who retired or disability - retired from the Company, and who have advised the Companys Flight Operations Department of their desire to be considered for such flying.
1.F.6 In the event of a Force Majeure event, the parties shall promptly meet and confer to address the consequences of such event(s) and the appropriate response thereto. The objective of such discussions will be to achieve a mutually acceptable response, which shall, to the maximum extent reasonable, protect the Companys scheduled airline service without unreasonably burdening the Pilots.
1.G MERGER PROTECTION
1.G.1 Following the announcement of a Merger Transaction, the Company shall, upon the Associations request, promptly commence negotiations for a Transition and Process Agreement (TPA). The TPA shall include all of the protections in Section 1.G. of this Agreement unless the TPA parties agree otherwise. The Company and the Association will also agree to negotiate regarding other possible fence, protective, and transition terms to be in effect until the Operational Merger Date. The negotiations described in this Section 1.G.1. shall not be a prerequisite for closing or completing the Merger Transaction. The protections referenced in this paragraph will include the following:
1.G.1.a The flight operations of the Company and the other air carrier shall remain separated, with pilots employed by each carrier operating each carriers pre-merger aircraft under its collective bargaining agreement(s) and seniority list until the Operational Merger Date.
1.G.1.b The Pilots will be entitled to seniority integration rights governed by Association Merger Policy if both pre-transaction pilot groups are represented by the Association, or by the McCaskill-Bond Amendment and Sections 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions if one pilot group is not represented by ALPA. The Association agrees that it shall promptly invoke such procedures, provided such procedures need not be completed and a single seniority list need not be established until completion of a single collective bargaining agreement.
1.G.1.c The Association shall promptly initiate proceedings before the National Mediation Board (NMB) for a determination that the Company and the other air carrier constitute a single carrier for purposes of collective bargaining under the Railway Labor Act and, if necessary, for designation of the post-merger representative of the combined pilot group, and the Company will take all necessary steps to secure a single operating certificate from the Federal Aviation Administration (FAA).
1.G.1.d The Company and the other air carrier shall, upon receipt of the Associations written demand, promptly begin negotiations with the Association and the pilots employed by the other air carrier through their collective bargaining representative, if any (i.e. ALPA or ALPA and another union party or parties prior to a determination of a single representative by the NMB, and the single representative, if any, after such determination) for a single collective bargaining agreement governing merged operations of the merged carrier. The negotiations described in this Paragraph 1.G.1.d. shall not be a prerequisite for closing or completing the Merger Transaction. Until the effective date of a single collective bargaining agreement, this Agreement shall continue to apply to Company Pilots unless otherwise agreed by the Association.
1.G.1.e The Company and the other air carrier shall forbear from interchanging or transferring pilots or aircraft with the other air carrier until the Operational Merger Date.
1.G.1.f The Company shall assure that until the Operational Merger Date the Pilots shall have the right to operate all aircraft on hand at the Company or on firm order for the use of the Company as of the date of the closing of the Merger Transaction. However, the Company will not be precluded from reducing its fleet due to retirement of aircraft in the normal course of business, to casualty loss, or to economic reasons not related to the Merger Transaction; the Company also shall not be precluded from allowing another air carrier to accept delivery of aircraft which had been on firm order for the use of the Company as of the date of the Merger Closing, provided that the other air carrier is not a party to the Merger Transaction and is not a Domestic Air Carrier.
1.G.1.g The Company shall assure that, in each rolling period of twelve (12) full calendar months until the Operational Merger Date, the systemwide block hours scheduled to be performed by Pilots shall not be less than the system-wide block hours scheduled to be flown by Pilots in the twelve (12) full calendar months immediately preceding the closing of the Merger Transaction. The Company shall be excused from compliance with the above minimum block hour requirements in the event of a Force Majeure as defined in Paragraph E.8., above, the retirement of aircraft in the normal course of business, or requirement by a government agency that the Company reduce or cancel service and one of the above events is the cause of non-compliance with the foregoing minimum.
1.G.1.h The Company shall assure that no Pilot as of the date of the announcement of the proposed Merger Transaction shall be placed on furlough in anticipation of or as a result of the Merger Transaction from the date the Merger Transaction was announced until one (1) year following the Operational Merger Date.
1.G.1.i The Association will support the Companys efforts to integrate marketing, reservation systems, and livery, and to take steps necessary to secure approval from the FAA for operation under a single operating certificate, and to take such other steps as will facilitate achieving a complete operational merger (i.e., the operation of the carriers under a single FAA operating certificate, a single transportation system under the RLA, and under a single collective bargaining agreement with an integrated pilot seniority list) at the earliest reasonable time. The carriers may rationalize routes; exchange assets other than aircraft and pilots; code share with the merger partner; integrate systems including, but not limited to, reservations and marketing; and undertake steps to obtain a single operating certificate prior to reaching a single collective bargaining agreement with an integrated pilot seniority list consistent with their obligations under this Paragraph G.
1.G.1.j The Operational Merger Date is the date by which the Company and the other carrier party(ies) (i) are found by the NMB to be a single carrier, (ii) execute a single collective bargaining agreement, and (iii) accept an integrated seniority list. The Operational Merger Date shall be no later than one hundred and eighty (180) days following negotiation and ratification, if necessary, of a single collective bargaining agreement and acceptance by the carrier parties of the integrated seniority list.
1.G.2 If the seniority list integration is conducted pursuant to Association Merger Policy, the Company will accept the outcome of the seniority list integration process set forth in this subsection, provided that, solely with regard to a seniority list integrated pursuant to Association policy, none of the attendant conditions and restrictions negotiated or awarded (a) require a system flush whereby Pilots may Displace other Pilots from the latters Position, (b) require a Pilot to be compensated for flying not performed (e.g., differential pay for a Position not flown), (c) require the cancellation of a Vacancy or Displacement award for a pilot who has commenced training for that position by attending ground school at a Company-approved training facility, (d) significantly increase the Companys costs, (e) provide that a pilot shall be displaced from his position by a pilot of the other pre-merger pilot group as a result of the implementation of, or the expiration of, any condition or restriction; and (f) are impossible in practice to comply with under the circumstances. If the seniority list integration is conducted pursuant to the McCaskill-Bond Amendment and not Association Merger Policy, including any arbitration proceeding, the Company agrees that it will be neutral as to the order of the pilots on the seniority list but such neutrality shall not prevent the Company from ensuring that the award complies with the criteria set forth in Paragraphs G.1.a.-G.1.f., above.
1.H ACQUISITIONS NOT INVOLVING MERGER
1.H.1 Company Pilots will have the right to operate all aircraft on hand at the Company or on firm order for the use of the Company as of the date of the closing of the acquisition transaction; provided, however, if the air carrier accepting delivery of any such aircraft is not a party to the acquisition transaction nor Controlled by a party to the acquisition transaction, and is not a Domestic Air Carrier, the Company shall not be precluded from allowing another air carrier to accept delivery of aircraft which had been on firm order for the use of the Company as of the date of the closing of the acquisition transaction.
1.H.2 No Pilot as of the date of the announcement of the proposed acquisition transaction shall be placed on furlough in anticipation of or as a result of the acquisition.
1.H.3 The Company will ensure that the system-wide Block hours scheduled to be performed by Pilots in any rolling period of twelve (12) full calendar months shall not be less than ninety-five percent (95%) of the system-wide scheduled Block hours which existed in the twelve (12) full calendar months immediately preceding the closing date of the acquisition transaction.
1.H.4 The ratio of system-wide Block hours performed by Company Pilots as compared to that performed by the acquired carrier during any rolling period of twelve (12) full calendar months will not diminish by more than five percent (5%) compared to the ratio which existed during the twelve (12) full calendar months immediately preceding the closing date of the acquisition transaction.
1.H.5 The Company, Frontier Airlines Holdings, Inc., and Frontier Group Holdings, Inc. will not assign or allocate flying or aircraft to other carriers any of them Controls for the purpose of securing contractual relief or concessions from the Pilots (i.e. no whipsawing).
1.H.6 The Company shall be excused from compliance with Paragraphs H.1.-H.4., above, in the event of a Force Majeure as defined in Paragraph E.8., above, the retirement of aircraft in the normal course of business, or requirement by a government agency that the Company reduce or cancel service, as well as from Paragraph H.1., above, for economic reasons, not related to the acquisition transaction, and one of the foregoing events is the cause of noncompliance.
1.I SUCCESSORSHIP
1.I.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 the purposes of this Paragraph I., a successor or assign shall be defined as an Entity, which either acquires Control of the Company or acquires all or substantially all of the assets of the Company, in either case through a single transaction or multi-step, related transactions.
1.I.2 No contract or other legally binding commitment involving a successor or assign shall 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 successor shall be bound by this Agreement, shall recognize the Association as the representative of the Pilots, and shall assume the employment of the Pilots.
1.J NOTICE
1.J.1 If the Company, Frontier Airlines Holdings, Inc., or Frontier Group Holdings, Inc., enters into any definitive agreement of acquisition or merger, with any other air carrier, or any other Entity which has control of, or acquires control of another air carrier, it shall notify the Association, in writing, of the proposed acquisition or merger within three (3) working days after the execution of such agreement.
1.J.2 The Company must give written notice of the existence of this labor agreement to any air carrier, or any other Entity, which has control of, or acquires control of, another air carrier with which the Company enters into an agreement of acquisition or merger. A copy of this written notice shall be given to the Association no later than three (3) working days after the parties have signed an agreement of acquisition or merger.
1.K MANAGEMENT RIGHTS
1.K.1 The right to manage and direct the work force, subject to the provisions of this Agreement, is vested in the Company.
1.K.2 Employees covered by this Agreement shall be governed by all reasonable rules, regulations and orders issued by the Company.
1.L EXPEDITED ARBITRATION
2 DEFINITIONS
2.A “ACCRUED VACATION” means vacation a Pilot accrues in the current year that may be used the next year.
2.B “ACTIVE SERVICE” means the period of time that begins on a Pilot’s most recent date of hire as a Pilot and continues until resignation, termination, furlough, or as set forth in Section 13 (Leaves of Absence). A Pilot shall continue to accrue Active Service upon return from Leave of Absence or Furlough in accordance with those Sections. A Pilot shall forfeit all Active Service upon resignation or termination.
2.C ”ACTUAL BLOCK HOURS” means actual time from Block Out to Block In.
2.D “ADD” means a Sequence or Reserve Day or RDP a Pilot voluntarily elects to place on his schedule from Open Time or the Premium Add Folder.
2.E “AGGRESSIVE RESERVE” means the process that allows an eligible Reserve Pilot to bid for Sequences on his Reserve Days or RDPs one (1) hour after Daily Open Time closes and prior to Reserve assignment, in accordance with Section 25.T.7.
2.F “BASE MONTH” Or “MAY GO” means the calendar month a Pilot is due for training as defined by the FARs. Training may also occur in the month prior to the Base Month or in The Late Grace Month.
2.G “CATEGORY” means Seat and equipment (e.g., Airbus 320 Captain).
2.H “BLOCK IN” means the time at which an aircraft reaches a destination (generally, at a gate), the parking brake is set and a door is opened (typically as shown by ACARS).
2.I “BLOCK OUT” means the time at which an aircraft’s parking brake is released and all doors are closed for departure (generally from a gate, and typically as shown by ACARS).
2.J “BLOCK TIME” or “BLOCK” means the time elapsed from Block Out to Block In.
2.K “CALENDAR DAY” or “DAY” means the twenty-four (24) hour period commencing at 0001 and ending at 2400 hours Local Time.
2.L “CANCELLATION” means any scheduled flight which does not operate for any reason.
2.M “CAPTAIN” means a Pilot who is in command of the aircraft, is responsible for the aircraft and crew while on-duty, is properly qualified and designated by the Company and who holds currently effective airman’s certificates authorizing such Pilot to serve as Captain and act as pilot-in command.
2.N “CHECK AIRMAN” or “LINE CHECK PILOT” or “LCP” means a Pilot who is designated by the Company and approved by the FAA to examine other Pilots to determine Pilot proficiency with respect to Company and FAR procedures and competency to perform Pilot duties.
2.O “CDO LINE” means a line of flying consisting of only CDO Sequences.
2.P “CONTINUOUS DUTY OVERNIGHT (CDO)” means a scheduled Duty Period which begins in one Calendar Day and ends in the following Calendar Day which includes an overnight stay out of Domicile that is scheduled for less than FAR required minimum rest.
2.Q “DAILY DROP LIMIT (DDL)” means the limit on the number of Duty Periods that may be Dropped on a given day. The limit will include all Duty Periods operating that day.
2.R “DAY OFF” means a Calendar Day free from all duty with the Company which occurs in a Pilot’s Domicile.
2.S DEADHEAD means transportation at Company direction (not local in character) to or from a duty assignment.
2.T DISPLACEMENT or DISPLACED means that a Pilot no longer has sufficient seniority to hold his current Position pursuant to Section 24.
2.U DOMICILE means a geographic location where Pilots are based and the location from which Sequences are constructed to start and finish.
2.V DROP means a Sequence, Reserve Day, or RDP, or portion thereof, that a Pilot voluntarily removes from his schedule resulting in a deduction in Pay Credit.
2.W DUTY PERIOD means the period from scheduled Report Time until fifteen (15) minutes after actual Block In for domestic flights, and thirty (30) minutes for international flights.
2.X EARNED VACATION means unused vacation a Pilot has accrued the previous year for use in the current year.
2.Y EFFECTIVE DATE means the date when a Pilots Hourly Rate changes as a result of a change in a Pilots Position (subject to the Bypass provisions set out in Section 24) or the date upon which a Pilot is based at a different Domicile.
2.Z ELECTRONIC BID SYSTEM means an internet-based method for Pilots to access and modify their schedules. As of the date of signing of this Agreement, the Electronic Bid System is FLICA.
2.AA EXTENDED/EXTENSION means a Reserve assignment that is not in accordance with Section 25.R.4.
2.AB FINAL LINE CHECK means the line check that qualifies the Pilot to be released to the line (either by the Company or FAA).
2.AC FIRST OFFICER means a Pilot who is second-in-command of the aircraft whose duty is to assist and relieve the Captain and, in the absence of the Captain, is responsible for the aircraft and crew while on duty. A First Officer shall be properly qualified and designated by the Company, hold currently effective airmans certificates authorizing such Pilot to serve as First Officer and act as second-in-command.
2.AD FLIGHT TIME means the total time from Block Out to Block In for scheduling and pay purposes.
2.AE FOOTPRINT means the time between the originally scheduled Sequence Report Time and the originally Scheduled Sequence Release Time.
2.AF GOLDEN DAYS means days chosen by a Pilot on which no training can be assigned.
2.AG GROUND TRAINING means all training conducted in a classroom or at any place that is not usually associated with flight training. It shall include classroom instruction, and training involving aircraft emergency procedures, flight equipment, hands on equipment, home/distance learning, or a Cockpit Procedure Trainer (CPT).
2.AH HARD LINE or REGULAR LINE means a line that includes only Sequences and Days Off and is not a Reserve Line.
2.AI HOURLY RATE means the rate of pay applicable to a Pilot in accordance with Section 3.B.1.
2.AJ INCENTIVE CREDIT means additional Pay Credit time added to a Sequence in accordance with Section 3.G.
2.AK INSTRUCTOR PILOT means a Pilot assigned by the Company to provide simulator training or Ground Training.
2.AL LATE GRACE MONTH Or MUST GO MONTH means the month after the Base Month during which a Pilot must complete recurrent training to maintain currency.
2.AM LINEHOLDER means a Pilot who holds a Hard Line.
2.AN LOCAL TIME means the time of day where the Pilot is physically located.
2.AO LOCAL DOMICILE TIME means the time of day in the Pilots Domicile.
2.AP LONGEVITY means the period of time commencing on the date a Pilot first reports for Pilot training (or, if required by USERRA, the date the Pilot was initially scheduled to report for Pilot training) and shall continue to accrue except as otherwise provided in this Agreement.
2.AQ MANAGEMENT PILOT means a Pilot whose name appears on the Seniority List who has been designated by the Company and is responsible for managing Pilots and/or administering Company policy as it relates to the Pilot work force.
2.AR MASTER BID means a Pilots bid for permanent Positions in accordance with Section 24.
2.AS MONTHLY BID PERIOD means one of twelve Calendar month-based periods of thirty (30) or thirty-one (31) days as described in Section 25.K.
2.AT MONTHLY CREDIT OVERRIDE or MCO means one hundred twenty-five percent (125%) Pay Credit for all credit in excess of eighty-two (82) hours, exclusive of sick and training credits, accrued in a Monthly Bid Period.
2.AU MONTHLY PAY GUARANTEE means the minimum amount of Pay Credit paid per Monthly Bid Period in accordance with Section 4.A.
2.AV NEW HIRE PILOT means a Pilot who has not completed initial training.
2.AW NO-BID PILOT or SPECIAL PROJECT PILOT means a Pilot (other than a Management Pilot) working on Company business who is not eligible to participate in the monthly schedule bid process in accordance with Section 10.D.
2.AX OPEN TIME" means a Sequence, Reserve Day or RDP that has not been assigned or awarded to a Pilot as part of the Monthly Bid process or Sequences that were originally assigned or awarded to a Pilot but have become unassigned due to illness, injury, qualification, leaves of absence, etc.
2.AY OPEN VACATION PERIOD means a block of vacation that is not assigned or awarded to a Pilot.
2.AZ OPERATING EXPERIENCE means the operating experience required by FARs and administered by Company Line Check Pilots.
2.BA OVERNIGHTABLE RESERVE means a Short Call Reserve Pilot who is available for two (2) or more RDPs.
2.BB PAY CREDIT means a unit of pay to be multiplied by a Pilots Hourly Rate to determine the Pilots pay, in accordance with the provisions of this Agreement.
2.BC PAY REPORT means a monthly report electronically provided by the Company to a Pilot indicating daily Pay Credit, Pay Credit adjustments (i.e. Premium Add Folder, etc.), and per diem.
2.BD PILOT means an employee of Frontier Airlines, Inc.whose name appears on the Frontier Pilot Seniority List.
2.BE POSITION means Domicile, equipment, and Seat (e.g., Denver Airbus 320 Captain).
2.BF POSITIVE SPACE MUST RIDE means a guaranteed seat for a Pilot from which the Pilot will not be removed by a revenue passenger, in accordance with the provisions of Sections 8 and 11.
2.BG POSITIVE TELEPHONE CONTACT means a telephone conversation between the Pilot and the Company.
2.BH PREMIUM PAY means the pay applicable to Premium Add Folder Adds, which will be paid at one hundred fifty percent (150%) of the Pay Credit for the Sequence.
2.BI PROBATION means the period of three hundred sixty-five (365) days from the date of hire (or as extended by a leave of absence) as a Pilot or the successful completion of the probationary proficiency check as described in Section 11 whichever comes later (see Section 22.D.2.).
2.BJ REASSIGNMENT or REASSIGNED means a Pilot is directed to operate or Deadhead on a leg or legs that is not a part of the Pilots originally scheduled Sequence.
2.BK RED-EYE means any Duty Period, other than a CDO, that reports prior to and releases after, or the entire Duty Period occurs between 0100-0300 LDT.
2.BL REPORT TIME means the time that a Pilot is scheduled to report at the beginning of a Duty Period.
2.BM RESERVE AVAILABILITY PERIOD or RAP means short call reserve duty in accordance with FAR 117.
2.BN RESERVE DAY means the period of time a Long Call Reserve is obligated to be available to the Company for assignment.
2.BO RESERVE DUTY PERIOD or RDP means the period of time a Short Call Reserve is obligated to be contactable by the Company for notification of an assignment.
2.BP RESERVE LINE means a line consisting only of RDPs or Reserve Days and Days Off.
2.BQ RESERVE PILOT or RESERVE means a Pilot who is awarded Reserve.
2.BR RESERVE SWAP means the movement of Reserve Days or RDPs within an individual Reserve Pilots schedule. All elements of the Swap must be scheduled to occur within the same Monthly Bid Period.
2.BS RESERVE TRADE means the exchange of Reserve Days or RDPs between two Pilots who hold the same Position that is scheduled to occur in the same Monthly Bid Period.
2.BT REST PERIOD means the period of time free from all Company duty between Duty Periods.
2.BU SCHEDULED BLOCK means the scheduled length of time from Block Out to Block In when the Sequence was originally constructed and as shown in the Monthly Bid Package.
2.BV SEAT means Captain or First Officer.
2.BW SENIORITY LIST means the list of Pilots employed by the Company. The Pilot Seniority List as of the date of signing of this Agreement is attached as Appendix 1.
2.BX SEQUENCE or PAIRING or TRIP means a series of flights over one (1) or more days, which starts in the Pilots Domicile and ends with a legal Rest Period in the Pilots Domicile.
2.BY SEQUENCE RELEASE TIME means the time of the end of a Duty Period in Domicile on the last day of a Sequence.
2.BZ SEQUENCE REPORT TIME means the time of the start of a Duty Period in Domicile on the first day of a Sequence.
2.CA SPLIT means a Sequence that is divided in a Pilots Domicile. However, this definition is not applicable to the Companys option to divide a Sequence to assign a Reserve, in accordance with Section 25.O.5.b.iv.
2.CB SWAP means an exchange of flying, vacation, (or other activities as allowed by this Agreement) between a Pilot and Open Time (or Open Vacation Periods). All elements of the Swap (i.e. the work being added and the work being removed) must be scheduled to occur within the same Monthly Bid Period, except as provided in the Note below the grid in Section 25.I.
2.CC TIME AWAY FROM BASE (TAFB) means the time from Sequence Report Time to the Sequence Release Time.
2.CD TRADE means an exchange of flying, vacation or other activities as allowed by this Agreement between two Pilots.
2.CE TRANSITION CONFLICT means conflicts due to an interference or illegality from the current Monthly Bid Period to the following Monthly Bid Period.
2.CF VACANCY means an opening in a Position.
2.CG WINDOW means a time period associated with a Short Call Reserves RDPs. The AM Window includes A and B Reserves, the MID Window includes C Reserves, and the PM Window includes D and E Reserves.
2.CH AVERAGE LINE VALUE (ALV) means the number of hours (including both Pay Credit hours and Virtual Credit hours) published by the Company prior to the opening of the monthly bid that is the projected average of all Regular Line PBS awards for a Category in a Monthly Bid Period.
2.CI CORRECT LINE means the initial line the Pilot should have been awarded had a PBS misaward not occurred.
2.CJ DENIAL MODE means a process in PBS that:
2.CJ.1 is performed after PBS is unable to award a Pilot a line consistent with bid preferences, seniority, his Known Absences, the FARs, the CBA, and within his credit window.
2.CJ.2 is utilized after Shuffle and prior to SLG, and
2.CJ.2.a ignores, one at a time, a Pilot's preference(s) to avoid flying a specified Sequence or a Sequence with specified criteria (e.g., number of Duty Periods in a Sequence, departure time of Sequence, number of flight segments per Duty period) or his preference to avoid flying on a specified Day, in an effort to award him a line within his credit window.
2.CK FILL TO THRESHOLD means a tool in PBS that:
2.CK.1 is utilized prior to Denial Mode; and
2.CK.2 continues to award Sequences to each Pilots line, if possible, until such line is at or above the Threshold.
2.CL “FORCE PRIORITY STACK DATE ON SLG” means a tool in PBS that ensures a Pilot who is awarded a line during the SLG process is awarded a Sequence that is scheduled to operate on the specified Priority Stack Date.
2.CM HISTORICAL LINE VALUE means the twelve (12) Monthly Bid Period rolling average of the ALV for a Category.
2.CN KNOWN ABSENCE means an event including, but not limited to, vacation, training, LOA, etc. that is placed on a Pilots schedule prior to the opening of the monthly bid.
2.CO MAX FOLLOWED BY TIME means the maximum time between Sequences that are awarded via the Followed By bid statement.
2.CP MAX ITERATION means a parameter in PBS that limits the number of Sequences PBS considers when attempting to construct a Regular Line.
2.CQ MAX PASSES means the maximum number of passes through the data that will be attempted by the solver.
2.CR MAX RESERVES means a parameter in PBS that limits the number of Pilots permitted to be awarded a Reserve Line in a Position.
2.CS MAX SWAP DEPTH means a parameter in PBS that limits the number of Sequences that may be moved among lines and/or open time in an effort to comply with a Pilots bid preference.
2.CT MAX TRIP SUBSTITUTION means a parameter in PBS that limits multiple combinations of Sequences to be tested on a Pilots Regular Line that match specific bid preferences in an attempt to construct a Regular Line for the Pilot.
2.CU MAXIMUM STACK HEIGHT means a parameter in PBS that limits a stack.
2.CV MAXIMUM CREDIT WINDOW means the range of hours based on ALV plus fourteen (14) hours. The Maximum Credit Window is available to Pilots on a seniority basis to those who used a set condition preference for the Maximum Credit Window.
2.CW MINIMUM CREDIT WINDOW means the range of hours based on ALV minus fourteen (14) hours except that the bottom of the Minimum Credit Window will never be set lower than seventy-four and one-half (74.5) hours. The Minimum Credit Window is available to Pilots on a seniority basis to those who used a set condition preference for the Minimum Credit Window.
2.CX NORMAL CREDIT WINDOW means the range of hours based on ALV plus or minus seven (7) hours. A Pilot who does not use a Set Condition preference for the Minimum Credit Window or Maximum Credit Window, or who is not awarded a Line in their desired window, will be awarded within the Normal Credit Window.
2.CY PRIORITY STACK DATE means a designated date that is unstacked before PBS unstacks any other date.
2.CZ RECURRENT TRAINING means the FAA required training necessary for a Pilot to remain qualified in his current Position.
2.DA SECONDARY LINE GENERATION (SLG) means the final PBS process, used after Shuffle and Denial Mode, that ignores a Pilot's bid preferences in an attempt to construct a Regular Line for the Pilot.
2.DB SEQUENCE PAY CREDIT means the sum of all the Pay Credit in a Monthly Bid Period by Position, including carry-in Pay Credit from the previous Monthly Bid period, excluding carry-out Pay Credit from the current Monthly Bid Period and excluding all Pay Credit associated with a Known Absence(s).
2.DC SHUFFLE means a tool in PBS that:
2.DC.1 is utilized after PBS is unable to award a Pilot a Regular Line within his credit window which complies with his higher priority bid preference(s),
2.DC.2 removes a Sequence(s) which had been awarded in accordance with such bid preference(s) and searches for combinations of Sequence(s) which comply with his lower priority bid preference(s), and
2.DC.3 is utilized prior to Denial Mode.
2.DD STACK means the number of Duty Periods that remain in Open Time on a given Day at the end of a bid run.
2.DE SEAT means Captain or First Officer.
2.DF THRESHOLD means the target number of Pay Credit hours set by ALPA for a given credit window.
2.DG UNSTACK or COVERAGE AWARD means a tool in PBS that assigns Sequences to Pilots in such a way as to prevent a Stack that is greater than the maximum Stack Height.
2.DH VIRTUAL CREDIT means the value of three (3) hours assigned to each Day of a Known Absence that the solver will use for Line construction. Virtual Credit has no pay value.
2.DI SMALL DOMICILE means a Domicile with seventy five (75) or fewer eligible monthly bidders by Position
2.DJ LARGE DOMICILE means a Domicile with seventy six (76)or more eligible monthly bidders by Position.
2.DK LINE CREDIT REDUCTION means the value assigned to each Day of an unpaid absence that reduces the upper and lower values of each credit window for the purposes of completing a Pilots Line.
3 COMPENSATION
3.A LONGEVITY
3.B WAGE RATES
3.B.1 All single aisle aircraft (or narrowbody) Pilots will be compensated for all Pay Credit based on the following Hourly Rates:
3.B.2 When a Pilot downgrades from Captain to First Officer in the same equipment, the Pilots First Officer Hourly Rate shall begin seven (7) Days after the start of training. However, if a Pilot moves from Captain to First Officer as a result of a Displacement in the same equipment, that Pilot shall continue to receive the Captain Hourly Rate until seven (7) Days after the start of training, or fifteen (15) Days from the date of the posting of the award of the Displacement (not including the posting date), whichever is later.
3.C PAY PERIODS
3.C.1 Paychecks on the 20th of the month will be for 50 percent (50%) of the Monthly Pay Guarantee (unless reduced by unpaid leaves), uniform cleaning allowance, and (if applicable) adjustments from previous pay period(s). Paychecks for the balance of the Monthly Bid Period will be paid on the 5th of the following month and will include the net Pay Credits earned for that Monthly Bid Period. This paycheck shall also include per diem, uniform cleaning allowance, and any other pay due to the Pilot. A Pilot who takes an unpaid leave during the first fifteen (15) days of a Monthly Bid Period will be paid for any actual Pay Credit earned, and not one-half of the Monthly Pay Guarantee.
3.C.2 Each Pilot will have access to an electronic pay statement in the Human Resources system (currently UltiPro) for each pay period to include but not be limited to: total hours, total Pay Credit, Company retirement contributions, sick leave used, and sick leave accrued.
3.C.3 An electronic monthly report (the Pay Report) will be provided by the Company to each Pilot showing his daily Pay Credit, Pay Credit adjustments and per diem. The Pay Report shall be provided to each Pilot no later than the 5th of each month for the prior Monthly Bid Period. It shall be the responsibility of the Pilot to review the Pay Report. Any confirmed discrepancy reported to payroll within one (1) week of the Pay Report being submitted to the Pilot will be paid on the 20th. Any confirmed discrepancy that is reported to payroll more than one (1) week after the Pay Report is submitted to the Pilot will be paid no later than the 5th of the following month.
3.D FLIGHT PAY CREDIT
3.D.1 Block or Better, Including Cancellation/Removal and Reassignment Pay
3.D.1.a A Pilots Pay Credit shall be based on the greater of Scheduled or Actual Block Hours on a leg-by-leg basis for all legs flown by the Pilot.
3.D.1.b Cancellation/Removal Pay without ReassignmentWhen a Sequence or part of a Sequence is cancelled or when the Pilot is removed from a Sequence or part of a Sequence and the Pilot is not Reassigned, the Pilot will receive the greater of the scheduled or actual Pay Credit that accrued prior to the cancellation or removal, if any, plus the scheduled Pay Credit associated with the cancelled or removed flying.Example 1 (Cancellation with No Reassignment): A Pilot is scheduled for a 3-Day Sequence worth 15 hours. Each Day is scheduled to credit 5 hours. The Pilot flies the first 2 Days and actually accrued 12 hours of Pay Credit. All of Day 3 cancels and the Pilot is not Reassigned. The Pilot will receive 17 hours of Pay Credit for the Sequence.Example 2 (Flying Removed with No Reassignment): A Pilot is scheduled for a 3-Day Sequence worth 15 hours. Each Day is scheduled to credit 5 hours. The Pilot flies the first 2 Days and actually accrued 12 hours of Pay Credit. The Pilot is removed from the flying on Day 3 and the flying is performed by another Pilot. The Pilot is not Reassigned to other flying on Day 3. The Pilot will receive 17 hours of Pay Credit for the Sequence.
3.D.1.c Cancellation/Removal Pay with ReassignmentWhen a Sequence or part of a Sequence is cancelled or when the Pilot is removed from a Sequence or part of a Sequence and the Pilot is Reassigned, the Pilot will receive the greater of the scheduled or actual Pay Credit that accrued prior to the cancellation or removal, if any, and will also receive Pay Credit for the greater of the remaining originally scheduled credit or the actual credit for the Reassignment. If, after the Pilot is Reassigned, he rejoins his original Sequence, he will receive Pay Credit for the greater of the scheduled or actual credit following the point in time the Pilot rejoins his originally scheduled Sequence.Note: The examples that follow do not include the application of the Trip Rig but are intended to illustrate both Block or Better and Reassignment.Example 1 (Lower Value Reassignment): A Pilot is scheduled for a 3-Day Sequence with each Day scheduled for 6 hours of Pay Credit for a total of 18 hours of Pay Credit. After completing Day 1 and accruing 6.5 hours of Pay Credit, the Pilot is Reassigned to other flying that is scheduled for 10 hours of Pay Credit for the last 2 Days and does not rejoin his original Sequence. The Pilot actually accrues 11 hours of Pay Credit on the last 2 Days. The Pilot will receive 6.5 hours of Pay Credit for Day 1 plus 12 hours of Pay Credit for the remaining 2 Days, because his originally scheduled Pay Credit for Days 2 and 3 (i.e. 12 hours) is greater than the actual value of the Reassigned flying (11 hours). The Pilot will receive a total of 18.5 hours for the Sequence.Example 2 (Multiple Reassignments): A Pilot is scheduled for a 3-Day Sequence with each Day scheduled for 5 hours of Pay Credit for a total of 15 hours of Pay Credit. After completing Day 1 and accruing 5.5 hours of Pay Credit, the Pilot is Reassigned to other flying that is scheduled for 12 hours of Pay Credit for the last 2 Days and does not rejoin his original Sequence. Prior to beginning the Reassigned flying on Day 2, the Pilot is then Reassigned to flying that is scheduled for 11 hours of Pay Credit for Days 2 and 3. The Pilot actually performs that flying and accrues 11.5 hours of Pay Credit. The Pilot will receive 5.5 hours of Pay Credit for Day 1 plus 11.5 hours of Pay Credit for Days 2 and 3 (because 11.5 is greater than the 10 hours of originally scheduled Pay Credit on Days 2 and 3) for a total Sequence Pay Credit of 17 hours. The Pilot will not be paid for the value of the interim Reassignment.Example 3 (Higher Value Reassignment): A Pilot is scheduled for a 4-Day Sequence with a total of 17 hours of scheduled Pay Credit. The Pilot is Reassigned on Day 2 of the Sequence and does not rejoin his original Sequence. Prior to the Reassignment, the Pilot was scheduled for 9 hours of Pay Credit but actually accrued 10 hours of Pay Credit. The Pilot is scheduled to and actually completes the Reassigned flying prior to the end of his originally scheduled Sequence. The scheduled Pay Credit associated with the Reassigned flying was 12 hours, but the Pilot actually accrued only 11 hours of Pay Credit. The scheduled Pay Credit was 8 hours for the remainder of the original Sequence. The Pilot would be paid 10 hours for the Pay Credit accrued prior to the Reassignment and 12 hours of Pay Credit after the Reassignment for a total of 22 hours for the Sequence.Example 4 (Reassignment then Rejoining Sequence): A Pilot is scheduled for a 4-Day Sequence with a total of 20 hours of scheduled Pay Credit. The Pilot is Reassigned on Day 2 of the Sequence and rejoins his original Sequence on Day 4. Prior to the Reassignment, the Pilot was scheduled for 10 hours of Pay Credit but actually accrued 11 hours of Pay Credit. The Pilot is scheduled to and actually completes the Reassigned flying prior to the end of his originally scheduled Sequence. The scheduled Pay Credit associated with the Reassigned flying was 5 hours, but the Pilot actually accrued 5.5 hours of Pay Credit. The originally scheduled flying that was replaced by the Reassigned flying was scheduled for 6 hours of Pay Credit. On Day 4, after the Pilot rejoins his original Sequence, he actually credits 3 hours, but was scheduled for 4 hours of Pay Credit. The Pilot would be paid 11 hours for the Pay Credit accrued prior to the Reassignment (because actual was greater than scheduled), plus 6 hours for the Reassigned flying (because the originally scheduled was greater than both the scheduled and actual Pay Credit of the Reassignment) plus 4 hours after he rejoined his Sequence (because scheduled was greater than actual). The Pilot will receive Pay Credit for 21 hours.
3.D.1.d Example 5 (Lower Value Reassignment): A Pilot is scheduled for a 3-Day Sequence with each Day scheduled for 6 hours of Pay Credit for a total of 18 hours of Pay Credit. After completing Day 1 and accruing 6.5 hours of Pay Credit, the Pilot is Reassigned to other flying that is scheduled for 10 hours of Pay Credit for the last 2 Days. The Pilot actually accrues 11 hours of Pay Credit on the last 2 Days. The Pilot will receive 6.5 hours of Pay Credit for Day 1 plus 12 hours of Pay Credit for the remaining 2 Days, because his originally scheduled Pay Credit is greater than the value of the Reassigned flying.Example 6 (Conflict with Subsequent Sequence or RDP/Reserve Day): A Pilot is scheduled for a one-Day Sequence (Sequence 1) worth 5 hours of Pay Credit (based on AMDP since the Block Time is less than 5 hours) followed by a 1-Day Sequence (Sequence 2) worth 6 hours of Pay Credit. Sequence 1 is delayed, the Pilot has a legal Rest Period in the outstation, and the Pilot does not return to Domicile until after the departure of Sequence 2 (resulting in 2 Duty Periods within Sequence 1). The Pilot must be scheduled for a legal Rest Period in Domicile, which will terminate after the scheduled Sequence Release Time of Sequence 2. The Pilot will receive 10 hours of Pay Credit for Sequence 1 (2 x 5-hour Average Minimum Duty Period Credit) and will also receive 6 hours of Pay Credit for Sequence 2, which was removed. A Short Call or Long Call Reserve Pilot adds a one-day Sequence consisting of four (4) legs consisting of one and one-half (1.5) hours each on a day in which he has no Reserve obligation. The Pilot completes the first two legs under Block, and is Reassigned following the completion of the second leg to other flying that will extend into his RDP/Reserve Day on the following day. The Pilot will receive a Pay Credit of three (3) hours for the first two (2) legs, and one hundred fifty percent (150%) pay over the Monthly Pay Guarantee for the legs (deadheaded or flown) that are scheduled to or actually arrive three (3) hours after the original Sequence Release Time. If the Pilot returns to Domicile prior to his RDP start time, he will be given a legal Rest Period before resuming his reserve obligations. If the Pilot returns to Domicile after his RDP start time or after midnight on an LCR Day, the Pilot will resume his reserve availability consistent with the other provisions of this Agreement.Example 7 (Rejoin Next Scheduled Sequence after Conflict): A Pilot is scheduled for a one (1) Day Sequence (Sequence 1) worth six (6) hours of Pay Credit followed by a two (2) Day Sequence (Sequence 2), with each Day worth six (6) hours of Pay Credit. The Pilot is delayed on Sequence 1 and is given a Rest Period in an outstation and does not return to Domicile until Day 2 after crediting three (3) hours and will not have another legal Rest Period prior to the Sequence Report time of Sequence 2. After receiving a legal Rest Period in Domicile, the Pilot is Reassigned to Deadhead to rejoin Sequence 2. The Pilot will receive, for Sequence 1, the greater of six (6) hours plus what he credited on the second day of Sequence 1 prior to the Rest Period, or ten (10) hours (2 x 5 AMDP). After the legal Rest Period in Domicile, the Pilot is Deadheaded (worth two (2) hours of Pay Credit) to rejoin Sequence 2 but operates no portion of Sequence 2 on that Day. After the legal Rest Period in Domicile, the Pilot is Deadheaded (worth two (2) hours of Pay Credit) to rejoin Sequence 2 but operates no portion of Sequence 2 on that Day. After a legal Rest Period, the Pilot operates the second Duty Period of Sequence 2 as originally scheduled. For Sequence 2, the Pilots pay will be based on the greater of the scheduled value of the Pay Credit removed (six (6) hours) or the value of the Reassignment prior to rejoining his original Sequence (two (2) hours), plus the greater of the originally scheduled value or actual value (on a leg-by-leg basis) of the remainder of Sequence 2 (a minimum of six (6) hours unless the Pilot actually overblocks on one or more of the legs). Assuming the Pilot did not overblock on Day 2 of Sequence 2, the Pilots Pay Credit for these two (2) Sequences is twenty-two (22) hours.
3.D.1.e In the case of a Reserve Pilot, Paragraphs D.1.b. and D.1.c., above, only apply when he is performing flying that was not assigned in conjunction with his reserve schedule (for example, Added flying from Open Time, etc.).
3.D.1.f Paragraphs D.1.a.-c., above, also apply to a Pilot receiving Operating Experience (OE).
3.D.1.g Turnback PayPilot who has a block Turnback or air Turnback will be credited for the greater of scheduled or actual pay for all legs completed prior to the block or air Turnback, including the Turnback, and will also be credited for the greater of the originally scheduled flying or the Reassignment following the Turnback. For the purpose of this provision, Turnback shall mean that a flight Blocks out and Blocks in at the same airport without arriving at the scheduled destination. . If Turnback Pay is not accurately reflected on a Pilots schedule, the Pilot will notify Pilot Payroll for coding and pay purposes.Example: A Pilots last turn is to fly from DEN to DCA and back. The Pilot departs DEN, encounters a mechanical, and returns to DEN. If the turn is removed from the Pilot, the Pilot will receive Pay Credit for the Block Time associated with the air Turnback, in addition to the scheduled value of the Pay Credit associated with the turn. If, after returning to DEN, the Pilot operates the turn, the Pilot will receive Pay Credit for the Block Time associated with the air return, and the greater of the scheduled or actual value of each leg of the turn. If the Pilot is Reassigned following the air Turnback, the Pilot will receive Pay Credit for the Block Time associated with air Turnback, and the greater of the scheduled value of the originally scheduled turn or the value of the Reassigned flying.
3.D.1.h Diversion PayNotwithstanding Section 3.E.1.b.-c., in the event a Pilot diverts and then subsequently flies another leg to complete the flight to the originally scheduled destination, he will be credited for the greater of the scheduled value of the leg from which he diverted or the actual value of the diversion leg plus the subsequent leg to the originally scheduled destination, provided the Pilot then rejoins his schedule and no flying is removed. If a Pilot is Reassigned to anything other than to complete the originally scheduled flight and resume his scheduled Sequence, he will be paid for the greater of the scheduled or actual value of all of the legs prior to the diversion, plus the greater of the scheduled value of the leg from which the Pilot diverted or the actual value of the diversion leg, plus the greater of the value of the originally scheduled legs that were removed or cancelled or the value of the Reassigned flying. Example 1 (Diversion and Reassignment to complete the Originally Scheduled Leg): A Pilot is scheduled to fly a two-day sequence: DEN-SLC-DCA on Day 1 followed by DCA-DEN on Day 2. He completes DEN-SLC as scheduled. On the SLC-DCA leg, he diverts to BWI, refuels, continues to DCA and resumes his Sequence. The Pilot would receive credit for the greater of the scheduled or actual value of the leg from DEN to SLC, plus the greater of the scheduled value of the SLC to DCA leg or the actual value of SLC-BWI-DCA legs, plus the greater of the scheduled or actual value of the leg from DCA-DEN.Example 2 (Diversion followed by any other Reassignment): A Pilot is scheduled to fly a two-day sequence: DEN-SLC-DCA on Day 1 followed by DCA-DEN on Day 2. He completes DEN-SLC as scheduled. On the SLC-DCA leg, he diverts to BWI, and is directed to limo to DCA following a Rest Period to resume his Sequence. In this case, the Pilot is treated under the pay provisions of Section 3.E.1.b.-c. and BWI is considered the point of removal and/or cancellation. The Pilot would receive credit for the greater of the scheduled or actual value of the leg from DEN to SLC, plus the greater of the scheduled value of the SLC to DCA leg or the actual value of SLC-BWI leg, plus the greater of the scheduled value of SLC-DCA-DEN or the value of the Reassignment.
3.D.2 Deadhead PayA Pilot who is assigned to Deadhead will receive Pay Credit equal to one hundred percent (100%) of the scheduled or actual time spent Deadheading, whichever is greater. However, in the case of an off-line Deadhead, if the actual time exceeds the scheduled time, to be credited for actual time spent Deadheading, the Pilot must contact Crew Scheduling no later than seventy-two (72) hours after the Deadhead.
3.D.3 Trip Rig
3.D.3.a A Pilot shall receive one (1) hour of Pay Credit for each three and one-half (3.5) hours for the greater of the scheduled or actual Time Away From Base (TAFB) for each Sequence built or modified by the Company.
3.D.3.b If a Sequence operates from one Monthly Bid Period to another and the Trip Rig applies to the Sequence, all scheduled or actual credit accumulated in the first Monthly Bid Period will be included in that Monthly Bid Periods total Pay Credit. All scheduled or actual credit accumulated in the second Monthly Bid Period will be included in the second Monthly Bid Periods total Pay Credit. Any remaining credit due as a consequence of the application of the Trip Rig will be paid in the second Monthly Bid Period.Example: A Pilot is scheduled for a 4-Day Sequence starting on the last 2 Days of one Monthly Bid Period and ending on the first 2 Days of the following Monthly Bid Period. The total value of the Sequence is 22 hours, including the Trip Rig, and each Day is scheduled to credit 5 hours of Block Time. The Pilot will receive 10 hours of Pay Credit for the Sequence in the first Monthly Bid Period and 12 hours of Pay Credit in the second Monthly Bid Period.
3.D.3.c The Trip Rig shall not apply to a Sequence only in the following cases :
3.D.3.c.i Modified by a Pilot through FLICA
3.D.3.c.i.a Daily Open Time Split
3.D.3.c.i.b Trip Trade Split
3.D.3.c.ii Modified by a Jetway Trade
3.D.3.c.iii When a Sequence is Split pursuant to this Paragraph, the Trip Rig will not apply to the resulting Sequences.
3.D.3.c.iv The Trip Rig will not apply to the remainder of a Sequence modified as a result of a Pilots absence that is flown by another Pilot.
3.D.3.c.v The Trip Rig will not apply to training assignments ( including Deadheads to and from training ), except OE.
3.D.3.c.vi If Trip Rig would have applied to a Sequence but for the provisions of Paragraph D.3.c.i. - v., above, and the actual Sequence Release Time is later than the originally scheduled Sequence Release Time, Trip Rig will be applied to the TAFB starting with the original Sequence Release Time until the actual Release time of the Sequence. A Pilot should contact Pilot payroll to advise of the application of this provision
3.D.3.c.vii Combination of Sequences
3.D.3.c.vii.a If a Pilot combines two ( 2 ) or more Sequences, no additional Trip Rig will be created as a result of the combination of the Sequences. However, any Trip Rig that would have applied to any of the Sequences prior to the combination of the Sequences will be paid.
3.D.3.c.vii.b If the Company combines two (2) Sequences and either or both Sequences include Trip Rig credit, the Pilot will be paid for the greater of the sum of the originally scheduled value of each Sequence or the value of the Sequences combined.
3.D.3.c.vii.c When either (a) or (b) above occurs, the Pilot must contact Pilot payroll to advise them that a combination of Sequences has occurred.
3.D.3.c.viii When a Pilot returns to work unders the provisions of Section 14.D.3., the Trip Rig will not apply to the sick Days used. Applied sick Days will be credited with the original Block Time credit as applicable per Duty Period.
3.D.4 Average Minimum Duty PeriodA Pilot will receive no less than five (5) hours of Pay Credit times the number of Duty Periods in a Sequence. The Average Minimum Duty Period will not apply in the same circumstances in which the Trip Rig does not apply (see Paragraphs D.3.c.i. - ix .).Example 1: If a Pilot is scheduled to fly a 1-Day Sequence, the Pilot will receive no less than 5 hours of Pay Credit.Example 2: If a Pilot is scheduled to fly a 3-Day Sequence that includes 3 Duty Periods, the Pilot will receive no less than 15 hours of Pay Credit.Example 3: If a Pilot is scheduled to fly a 3-Day Sequence that includes 2 Duty Periods, the Pilot will receive no less than 10 hours of Pay Credit.Example 4: A Pilot is scheduled to fly a 3-Day Sequence with 3 Duty Periods which is worth 15 hours of Pay Credit based on the Average Minimum Duty Period. On Day 3, the Pilot also Adds a 1 - Day Sequence from Open Time worth 5 hours based on the Average Minimum Duty Period and does not have a legal Rest Period between the 2 Sequences. The Pilot will receive 20 hours of Pay Credit.
3.D.5 Duty RigFor Continuous Duty Overnights (CDOs) or Split Duty Trips (SDTs), a Pilot will receive no less than six (6) hours of Pay Credit per Duty Period or Actual Block Hours, whichever is greater. If a Sequence operates from one Monthly Bid Period to another, and the Duty Rig applies to the Sequence, all scheduled or actual credit accumulated in the first Monthly Bid Period will be included in that Monthly Bid Periods total Pay Credit. All scheduled or actual credit accumulated in the second Monthly Bid Period will be included in the second Monthly Bid Periods total Pay Credit. Any remaining credit due as a consequence of the application of the Duty Rig will be paid in the second Monthly Bid Period.
3.D.6 Minimum Pay for a SequenceFor each sequence a Pilot will be paid for the greater of :
3.D.6.a the sum of the greater of the scheduled or actual Block, and greater of scheduled or actual Deadhead Pay Credit, as specified in Paragraphs D1. and D.2., above; or
3.D.6.b the greater of the scheduled or actual value of the Trip Rig as specified in Paragraph D.3., above; or
3.D.6.c the value of the Average Minimum Duty Period as specified in Paragraph D.4. , above; or
3.D.6.d the value of the Duty Rig as specified in Paragraph D.5., above.
3.E DELAY INTO A DAY OFF OVERRIDE
3.F MONTHLY CREDIT OVERRIDE PAY
3.G INCENTIVE CREDIT
3.H PREMIUM ADD FOLDER (PREMIUM PAY)
3.H.1 All Sequences in the Premium Add Folder will be paid at one hundred fifty percent (150%).
3.H.2 The Company may apply Incentive Credit to a Sequence that is included in the Premium Add Folder (i.e. add credit hours to the Sequence).Example: A 3 - Day Sequence in Open Time is worth 16 hours of Pay Credit, and a 2-hour Incentive Credit has been applied, making the total value of the Sequence equal to 18 hours. If this Sequence is placed in the Premium Add Folder, the value of the Sequence will be 27 hours (18 hours x 1.5 = 27).
3.H.3 Once Incentive Credit is added to a Sequence in the Premium Add Folder, it cannot be removed or reduced, unless the Sequence is assigned to a Reserve
3.H.4 If a Sequence is placed in the Premium Add Folder, it will carry the NTR designation if Incentive Credit has been added and any Pay Credit that would have accrued based on either the Trip Rig or Average Minimum Duty Period will be added to the value of the Sequence as Incentive Credit. If the actual Sequence Release Time occurs after the originally scheduled Sequence Release Time, then the Pilot will be paid in accordance with Section 3.E.3.c.viii., and must advise Pilot Payroll so that they are aware that this provision should be applied.Example: A 3 - Day Sequence is scheduled for 5 hours of Block Time per Duty Period and is worth 19 hours of Pay Credit based on the Trip Rig. When this Sequence is placed in the PAF, the Sequence will include at least 19 hours of Pay Credit and will carry the NTR designation. If the Pilots actual Sequence Release Time is later than his originally scheduled Sequence Release Time, and if the later Sequence Release Time triggers trip rig Pay Credit, the Pilot will advise Pilot Payroll.
3.H.5 Information that details the value of the Sequence prior to placement in the Premium Add Folder ( such as the legs of flying, Deadhead time, Block time, and other credits such as Trip Rig ), as well as each change the Company made to increase or decrease the value of the Sequence prior to placing it in the Premium Add Folder, will be preserved and made available to Association representatives to confirm compliance with these provisions.
3.I SICK PAY
3.I.1 Sick time shall be Pay Credited based on the total scheduled value of the Sequence in accordance with the provisions of this Section.
3.I.2 Sick time shall not be included in the accrual of Pay Credits for the purposes of Monthly Credit Override Pay.
3.I.3 A Pilot who calls in sick for some or all of a Sequence from the Premium Add Folder will lose the Premium Pay associated with the portion of the Sequence for which he calls in sick. A Pilot who calls in sick for some or all of a Sequence that includes Incentive Credit will lose the Incentive Credit associated with the portion of the Sequence for which he calls in sick.Example: A Pilot is scheduled to fly a 2 Day, 2 Duty Period Sequence worth 20 hours of Pay Credit, including 10 hours of Incentive Credit, and 5 hours of Pay Credit on each Day. The Pilot calls in sick after completing all of the flying associated with Day 1 under Block. The Pilot will be debited one sick day and will be paid 10 hours for the flying and 5 hours of Incentive Credit.
3.J DISPLACEMENT PAY
3.K SHOW PAY
3.L PILOT AGE LIMIT CREW PAIRING REQUIREMENT
3.M TAXI PAY / ENGINE RUN-UPS
3.M.1 Having flight crews perform taxi/reposition is not intended to occur on a regular basis, but rather in those circumstances (e.g., charters, irregular operations, etc.) where the regular contractor or agent is unavailable to perform such actions. If any situation occurs where regular taxi/reposition activities are expected to occur, or are occurring, the Company will promptly discuss these issues with the Association and come to agreement on how long, and under what conditions these activities will continue.
3.M.2 Taxi/reposition activities and engine run-ups will be paid at eighteen (18) minutes (0.3 block hours) per event, or actual time, whichever is greater. This pay will be in addition to all other Pay Credit for the Sequence. If the actual time exceeds eighteen (18) minutes, the Pilot will notify Crew Scheduling of each such event within seventy-two (72) hours of occurrence for coding and pay purposes
3.M.3 Reposition and/or taxi time or engine run-ups will be included in the Duty Period.
3.M.4 Reposition and/or taxi events or engine run-ups will be scheduled through Crew Scheduling.
3.M.5 Crew Scheduling will make arrangements for and notify the crew of any transportation necessary to bring the crew to/from any non-terminal or gate locations
3.M.6 Out of Domicile, Crew Scheduling will coordinate the reposition/taxi event or engine run-ups through the flight crew. The Captain will be the primary contact. In the event the Captain is not available, the First Officer may relay the assignment to the Captain.
3.M.7 No crew member shall be obligated to be available to be notified while on rest for any taxi/reposition activity or engine run-ups.
3.M.8 Any taxi and/or reposition or engine run-ups of the aircraft will be done by a complete crew (Captain and First Officer).
3.M.9 For the purposes of this Paragraph, taxi means movement of the aircraft under its own power. Reposition means movement by tug or other ground-based means.
3.M.10 For engine run-ups that occur at a gate, a safety monitor will be available to monitor the run-up area. If for any reason, the Captain deems the conditions are unsafe to perform the run-up, (e.g. icy ramp), he will not be required to perform the run-up until the safety concerns are resolved.
3.M.11 A reposition and/or taxi event will be defined as moving an aircraft from a gate or parking location, to a gate or parking location without departing for purposes of flight.
3.N TRAINING PAY
3.N.1 A Pilot in initial, transition, or upgrade training shall be paid in accordance with Paragraph N.4. or N.7., below, at the Hourly Rate associated with the Category in which he is currently qualified, subject to Paragraph 24.H. A Pilot performing OE shall receive all Pay Credits applicable to the flying scheduled and performed in accordance with the provisions of this Section.
3.N.2 RGS/Recurrent Simulator Training as a Known AbsenceA Pilot who is awarded RGS or Recurrent Simulator Training will receive four and one-half (4.5) hours of Pay Credit per Day.
3.N.3 RGS/Recurrent Simulator Training Awarded After the Monthly Schedule AwardIn the event an active Pilots RGS and/or simulator training was not reflected as a Known Absence in the Pilots Must Go Month, the Company may assign the training on scheduled Days of work and the Pilot will be paid for any scheduled Pay Credit lost as a result of the training assignment.Example 1: A Chicago-based Pilot Deadheads to RGS on the Day prior to a 2-Day RGS and Deadheads back to Chicago on the Day after RGS ends. The Pilot will receive Pay Credit for both Deadheads plus 9 hours of Pay Credit for RGS.Example 2: A Chicago-based Pilot Deadheads to a 2-Day simulator event and Deadheads back to Chicago after a Rest Period on the Day the sim event ends. The Pilot will receive Pay Credit for both Deadheads plus 9 hours of Pay Credit for the simulator event.
3.N.4 A Pilot who is ineligible to bid due to training shall receive the Monthly Pay Guarantee plus any additional Pay Credits accrued in the training month (e.g., carryover, etc.) not associated with the training.
3.N.5 Any home study course or training credited by the FAA with one (1) or more hours may be used for recurrent training topics or to supplement classroom training for the introduction of new subject material. Such home study courses shall be Pay Credited for fifty percent (50%) of the hours of FAA training credit. This Pay Credit shall occur in the Monthly Bid Period in which the course materials are issued to the Pilot. This Pay Credit shall not apply for normal manual revisions or operations bulletins issued by the Company.
3.N.6 If a Pilot dequalifies due to the failure of a training or checking event, the Pilot shall be Pay Credited for any scheduled Pay Credits that are removed from his schedule until the Pilot completes the required training and / or checking scheduled in accordance with Section 11.E.1.e. to be qualified in his Position. If the Pilot determines he is not fit to attend the scheduled retraining/checking he may elect to remove his scheduled flying for a period not to exceed thirty (30) Days after the date on which the training failure occurs. The Pilot will not be paid during this period unless he elects to use his Sick Leave to cover the absences.
3.N.7 A Pilot will receive a Virtual Credit of three (3) hours per Day for each Day a Pilot is in non - Recurrent Training. A Pilot who is awarded non-recurrent training and who is also awarded a line in the same Monthly Bid Period, and who is available for the entire Monthly Bid Period, will be paid no less than the Monthly Pay Guarantee in accordance with Section 4, provided that the Pilot maintains at least the same amount of Pay Credit as was awarded for the non-training portion of the Bid Period. If the sum of the Pilots training pay credit ( at four and one-half (4.5) hours per Day) and other Pay Credit exceeds the Monthly Pay Guarantee, the Pilots pay will equal the sum of those Pay Credits. A Pilot shall not be pay protected for Sequences removed from his schedule in order to complete training. A Pilot who does not believe he has been correctly paid under this Paragraph N.7. will contact Pilot payroll.
3.N.8 Pay Credit earned in training shall not accrue towards Monthly Credit Override Pay.
3.O RESERVE PAY
3.O.1 For each Monthly Bid Period, a Reserve Pilot will receive the Monthly Pay Guarantee in accordance with Section 4 or what the Pilot actually credits, whichever is greater.
3.O.2 A Reserve Pilot who is scheduled to fly in excess of eight (8) hours on a Part 91 leg (s) shall receive those Pay Credits in excess of eight (8) hours over and above his Monthly Pay Guarantee.
3.O.3 Any Pay Credit earned as a result of Adding from Open Time, the Pilot Trade Board, Jetway Trades, the Premium Add Folder or Aggressive Reserve awards flown on a Day Off or outside of an RDP (s) shall be paid above the Monthly Pay Guarantee. A Reserve Pilot who Adds from Open Time, Premium Add Folder, the Pilot Trade Board, or Jetway Trades will be treated in accordance with Sections 25.M. and 25.R. and Paragraph D. of this Section for pay purposes.
3.O.4 A Reserve Pilot will be paid over his Monthly Pay Guarantee for Open Time, Pilot Trade Board Adds and Premium Folder Adds for all legs up to and including, the last leg that starts prior to the Pilots next RDP / Reserve Day and carries into that RDP / Reserve Day.
3.O.4.a A Block and Deadhead credit that occurs before the first scheduled RDP in a block of RDPs (for Short Call Reserves), or prior to 1200LDT (for Long Call Reserves) on the first Reserve Day in a block of Reserve Days, will be paid above the Pilots Monthly Guarantee. In addition, if any leg spans the scheduled RDP start time (for Short Call Reserves) or 1200 LDT (for Long Call Reserves), then the entire leg shall be credited above the Pilots Monthly Guarantee.
3.O.4.a.i If the Sequence is paid based on the Trip Rig, then the difference between the Trip Rig value from Paragraph D.3., above, and the sum of the Block and Deadhead credit from Paragraphs D.1. and D.2., above, total Rig value will be paid above a Pilot’s Monthly Pay Guarantee.
3.O.4.a.ii If the Sequence is paid based on the Average Minimum Duty Period, then the difference between the Average Minimum Duty Period value from Paragraph D.4., above, and the sum of the Block and Deadhead credit from Paragraphs D.1. and D.2., above, will be paid above a Pilots Monthly Pay Guarantee.
3.O.4.a.iii All other Pay Credit accrued will be credited toward the Reserve Pilots Monthly Guarantee.Example: A Pilot has a 4-Day Sequence worth 4 hours of flying on each Day with 2 Duty Periods on Days Off and 2 Duty Periods on reserve. The Pilot would be credited for 4 hours on each of the Days of the Sequence, and would receive 4 hours of AMDP above the Pilots Monthly Pay Guarantee, for a total of 12 hours over the Monthly Pay Guarantee. The 8 hours of Pay Credit that occurred on the reserve Days would accrue toward the Pilots Monthly Pay Guarantee.
3.O.4.b Aggressive Reserve Pay when Awarded Flying is Scheduled to Terminate After Last RDP or Reserve DayA Reserve Pilot who receives an Aggressive Reserve award that is not removed in accordance with Section 25.T.7.d., and that is scheduled to end after the latest possible release time (as set out in Section 25.T.3.a.-e.) on the last RDP in a block of RDPs, or in the case of a Long Call Reserve Pilot, on a Day Off, will be paid in accordance with the following:
3.O.4.b.i Block and Deadhead credit that occurs after the latest possible release time (as set out in Section 25.T.3.a.-e.) on the last RDP in a block of RDPs, or in the case of a Long Call Reserve Pilot, on a Day Off, will be paid above the Pilots Monthly Pay Guarantee. If any leg spans the latest possible release time, then the entire leg shall be credited above the Pilots Monthly Pay Guarantee, and
3.O.4.b.ii If the Sequence is paid based on the Trip Rig, then the difference between the Trip Rig value from Paragraph D.3., above, and the sum of the Block and Deadhead credit from Paragraphs D.1. and E.2., above, will be paid above a Pilots Monthly Pay Guarantee.
3.O.4.b.iii If the Sequence is paid based upon the Average Minimum Duty Period, then the difference between the Average Minimum Duty Period value from Paragraph D.4., above, and the sum of the Block and Deadhead credit from Paragraphs D.1. and D.2., above, will be paid above a Pilots Monthly Pay
3.O.4.b.iv All other Pay Credit accrued will be credited toward the Reserve Pilots Monthly Pay Guarantee.Example: A Pilot has a 4 - Day Sequence worth 4 hours of flying on each Day, with an additional 8 hours of Trip Rig that is scheduled on 2 Days Off and 2 reserve Days. The Pilot actually accrues 5 hours of Block Time on each Day. The Pilot would be credited for 5 hours on each of the Days of the Sequence and would receive 4 hours of Trip Rig above the Pilots Monthly Pay Guarantee, for a total of 14 hours over the Monthly Pay Guarantee. The 10 hours of Pay Credit that occurred on the reserve Days would accrue toward the Pilots Monthly Pay Guarantee.
3.O.4.c A Reserve Pilot who is delayed beyond his latest possible release time (set out in Section 25.T.3.a.-e.) on the last RDP in a block of RDPs, or in the case of a Long Call Reserve Pilot, on a Day Off, will be paid in accordance with 3.F. above and in accordance with the following:
3.O.4.c.i Block and Deadhead credit that occurs after the latest possible release time ( as set out in Section 25.T.3.a.-e.) on the last RDP in a block of RDPs, or in the case of a Long Call Reserve Pilot, on a Day Off, will be paid above the Pilots Monthly Pay Guarantee. If any leg spans the latest possible release time, then the entire leg shall be credited above the Pilots Monthly Pay Guarantee, and
3.O.4.c.ii If the Sequence is paid based on the Trip Rig, then the difference between the Trip Rig value from Paragraph D.3. above and the sum of the Block and Deadhead credit from Paragraphs E.1. and E.2. above, will be paid above a Pilots Monthly Pay Guarantee.
3.O.4.c.iii If the Sequence is paid based upon the Average Minimum Duty Period, then the difference between the Average Minimum Duty Period value from Paragraph D.4. above, and the sum of the Block and Deadhead credit from Paragraphs D.1. and D.2. , above, will be paid above a Pilots Monthly Pay Guarantee.
3.O.4.c.iv All other Pay Credit accrued will be credited toward the Reserve Pilots Monthly Pay Guarantee.Example: A Long Call Reserve Pilot has a 4 - Day Sequence worth 4 hours of flying on each Day, with an additional 2 hours of trip rig, all within his Reserve obligation. The Pilot is delayed into his Day Off. Any flying that spans and/or follows midnight on his last day of Long Call, plus any trip rig, would be paid over the Pilots Monthly Pay Guarantee (in addition to any pay owed pursuant to 3.E. above)
3.O.5 A non - Long Call Reserve Pilot who performs a CDO / SDT where the combination of CDO / SDT and RDP duty time is scheduled in excess of fourteen (14) hours of duty will receive Pay Credit for all duty time (scheduled or actual) in excess of fourteen (14) hours above the Pilots Monthly Pay Guarantee.Example: A CDO is scheduled for a 13-hour Duty Period and the Pilots RDP starts 2 hours prior to the Report Time. The total Duty time is scheduled for 15 hours. The Pilot shall be credited 1 hour (or greater if actual Duty exceeds scheduled Duty) of Pay Credit above Guarantee.
3.O.6 Premium Reserve DayReserve Pilot who is available on a Premium Reserve Day will be credited with a minimum of four (4) hours or what the Pilot actually credits on the Premium Reserve Day, whichever is greater, over the Pilots Monthly Pay GuaranteeExample 1: A Pilot is on Reserve on a Premium Reserve Day but does not fly. The Pilot will receive 4 hours of Pay Credit over Monthly Pay Guarantee.Example 2: A Pilot is on Reserve on a Premium Reserve Day and is assigned and flies a 1-Day Sequence worth 6 hours of Pay Credit. The Pilot will receive 6 hours of Pay Credit toward Monthly Pay Guarantee (in accordance with Paragraph P.1.) and 6 hours of Pay Credit over the Monthly Pay Guarantee. If the 1-Day Sequence cancels or the Reserve Pilot is removed, he will receive 4 hours of Pay Credit over the Monthly Pay Guarantee.
3.P VACATION PAY
3.P.1 A Pilot may elect to be paid between fifteen (15) and forty (40) hours per seven (7) Day vacation period, provided the Pilot has sufficient hours in his vacation bank. For vacation periods that include fewer than seven (7) Days or more than seven (7) Days (or more than a multiple of seven (7) Days), then the weekly value selected will be divided by seven (7) and multiplied by the number of Days in the vacation period. Refer to the vacation daily values chart below.Example 1: A Pilot has 5 vacation Days. He wishes to value his vacation period at the equivalent of 35 hours for a 7-Day vacation period. The value of each vacation Day will be 5 hours. He will receive Pay Credit of 25 hours (5 vacation Days x 5 hours per Day = 25 hours of Pay Credit for his vacation).Example 2: A Pilot has 8 vacation Days. He wishes to value his vacation period at the equivalent of 40 hours for a 7-Day vacation period. The value of each vacation Day will be 5.71 hours or 5:43. He will receive Pay Credit of 45.68 hours or 45:41 (8 vacation Days x 5.71 hours or 5:43 per Day = 45.68 hours or 45:41 of Pay Credit for his vacation).
3.P.2 A Pilot may indicate during the VAP that he wishes to sell his vacation in the applicable Monthly Bid Period. A Pilot will receive five (5) hours of Pay Credit for each vacation Day in his awarded vacation period, or whatever remains in the Pilots vacation bank if the Pilots remaining vacation bank equals less than five (5) Pay Credit hours per Day. Such Pay Credit will be in addition to all other Pay Credits for that Monthly Bid Period and above the Pilots Minimum Monthly Pay Guarantee. MCO pay will apply to this vacation Pay Credit. In addition, paid vacation shall not be included in the ALV calculation.
3.P.3 Vacation Daily Values
3.P.4 A Pilot may specify the amount he wishes to be paid during the VAP, by selecting the applicable absence code, V15 V40.
3.P.4.a A Pilot who does not specify the amount he wishes to be paid during the VAP will receive five (5) hours of Pay Credit for each vacation Day, or if he doesnt have five (5) hours of Pay Credit to apply to each Day of vacation, then he will receive the credit value (based on the chart above) that is closest to (and lower than) his remaining vacation credit. No Pay Credit will be applied to his VSDs if applicable.
3.P.4.b A Pilot who specifies the amount he wishes to be paid during the VAP, but who does not have that amount of Pay Credit in has vacation bank, will receive the credit value (based on the chart above) that is closest to (and lower than) his remaining vacation credit. No Pay Credit will be applied to his VSDs if applicable.
3.P.4.c If a Pilot has elected to allocate sufficient Pay Credit to his vacation in a Monthly Bid Period so that the Pay Credit exceeds the top of the Pilot’s awarded credit window, that Pilot will not be awarded any flying and will receive the value of the Pay Credit he elects to use on his vacation Days (including VSDs). If a Pilot has elected to allocate Pay Credit to his vacation so that Pay Credit exceeds the bottom of the Pilot’s awarded credit window, (but does not exceed the top of the Pilot’s awarded credit window), the Pilot may or may not be awarded flying, depending upon his bid preferences and his seniority. A Pilot with a Reserve bid group above all pairing bid groups, who is awarded a Reserve line, will be awarded Reserve Days/RDPs in accordance with the proration table set out in Section 25.E below.
3.P.5 Any unused vacation credit will be paid out on January 5th paycheck of the following year.
3.Q MISCELLANEOUS PAY
3.Q.1 A Pilot who declines an FAR 117 extension shall not lose any Pay Credit as a consequence thereof.
3.Q.2 Any events not explicitly covered under this Section shall be addressed by the Company and the Association on a case-by-case basis.
3.R COMPANY BONUS PROGRAMS
4 MONTHLY PAY GUARANTEE
4.A MONTHLY PAY GUARANTEE
4.B A Pilot whose Pay Credit value is reduced below seventy-five (75) hours by authorized unpaid Drops, Trades, or leaves will have their Monthly Pay Guarantee reduced accordingly.
4.C A Pilot’s total Pay Credit shall be calculated by subtracting or adding any adjustments to the greater of the awarded line value or the seventy-five (75) hour Monthly Pay Guarantee.
4.D A Reserve Pilot who takes an unpaid leave of absence shall have four (4) hours of Pay Credit deducted for each RDP covered by the leave. Should a Reserve Pilot not bid for a Monthly Bid Period, the Pilot shall be charged for the difference of the prorated RDPs assigned and nineteen (19) RDPs.
5 TRAVELING EXPENSES
5.A The Company shall provide and pay for any hotel room and transportation for Company purposes when the Pilot is required by the Company to be out of the Pilot’s Domicile
5.B HOTEL ACCOMMODATIONS
5.B.1 The Association Hotel Committee and the Company shall mutually agree on layover accommodations. The Association shall not unreasonably withhold its agreement on layover accommodations taking into consideration the provisions of Paragraph B.3., below. A current list of hotels shall be published each month by Flight Operations.
5.B.2 The Company shall provide Pilots with comfortable, safe and clean single occupancy accommodations.
5.B.3 Hotels utilized by the Company for Pilots will, at a minimum, comply with the following required items in Paragraphs B.3.a., b., c., and d., below. The Company will attempt also to provide the preferred items in Paragraph B.3.e., below. The Association may grant exceptions to any of the required items in Paragraphs B.3.a. through B.3.d., below, on a case-by-case basis.
5.B.3.a Hotel Services
5.B.3.a.i Safe and reliable car/van transportation to and from the airport either by the hotel or a third-party provider, at no cost to the Pilot;
5.B.3.a.ii 24-hour front desk operation;
5.B.3.a.iii Expedited check-in/checkout procedures;
5.B.3.a.iv Dependable message service;
5.B.3.a.v Reliable wake-up calls;
5.B.3.a.vi Daily housekeeping services;
5.B.3.a.vii Equipped with AC and heat in good working order;
5.B.3.a.viii Free internet access in room;
5.B.3.a.ix Ice machines located within one floor;
5.B.3.a.x Complimentary local phone calls and toll-free access;
5.B.3.a.xi Hotel equipped with elevators to guestroom floors; and
5.B.3.a.xii Clean hotel common areas.
5.B.3.b Safety and Security
5.B.3.b.i Property monitored by video or security guard;
5.B.3.b.ii Entrances to hotel limited and secured;
5.B.3.b.iii Well-lit hallways;
5.B.3.b.iv Sprinklers and smoke detectors in each guest room;
5.B.3.b.v Guest room doors with peepholes and double locks; and
5.B.3.b.vi No exterior corridors/hallways.
5.B.3.c Location
5.B.3.c.i Safe neighborhood for walking or running; and
5.B.3.c.ii Food service options (on premise restaurants or room service) will be available at the hotel, or within a safe, five-minute walk from the hotel, when Pilots arrive. If no options are open at the time of arrival, Pilots will be reimbursed for food delivery service charges within thirty (30) days of submission of receipts.
5.B.3.d Rooms
5.B.3.d.i Non-smoking hotels (except in locations where the hotels generally permit smoking), with single rooms with double, queen, or king-sized beds. In hotels where smoking is not prohibited, Pilots will be provided non-smoking rooms;
5.B.3.d.ii Clean and neat with no offensive odors;
5.B.3.d.iii Second floor or above, and away from ice and vending machines, elevators, traffic, and other noise;
5.B.3.d.iv Hair dryer, coffee maker, or complimentary coffee, iron and ironing board; and,
5.B.3.d.v Blackout window coverings.
5.B.3.e Preferred Items (Hotel Services, Location, and Rooms)
5.B.3.e.i Complimentary transportation to nearby shopping malls, theaters, restaurants, health clubs, etc.;
5.B.3.e.ii Airline discounts in restaurants and lounges;
5.B.3.e.iii Close proximity to historical and cultural attractions;
5.B.3.e.iv Swimming pool;
5.B.3.e.v Close proximity to multiple restaurants, shopping, and entertainment;
5.B.3.e.vi Room assignments and room key distribution in hotel van on the way from the airport to the hotel; and,
5.B.3.e.vii In-room refrigerators and microwaves; and fitness center with cardio and weight machines in good working order.
5.B.4 Upon request, the Company will provide documentation, including full RFPs and hotel contracts (with hotel contracts subject to redactions for confidential financial information and in compliance with a non-disclosure agreement), that substantiates that the standards of these provisions included in Section 5 are being sought and maintained. In addition, the Company shall provide advance written notice to the Association Hotel Committee Chairman, with a copy to the MEC Chairman, whenever it intends to cancel a contract with a hotel concerning layover lodging for Pilots, along with the reason for the cancellation.
5.B.5 Circumstances may arise (e.g., regular hotel is flooded, or located near construction) during which an agreed-upon hotel cannot provide the requirements of this Section. When the Company becomes aware of such circumstances, the Company will notify the Associations Hotel Committee immediately, and the Company and Hotel Committee will agree on alternate arrangements that best achieve the requirements of this Section.
5.B.6 The Company and the Association also acknowledge that unexpected and isolated incidents that do not meet the requirements as outlined in Paragraphs B.3.a. through B.3.d., above, may occur with respect to individual night stays at approved hotels that the Company continues to use. The Company shall address such incidents when repeated.
5.B.7 The Company and the Association recognize that situations may arise when required hotel accommodations are not available at the regularly contracted or agreed-upon hotel at the time of Pilot check-in. In such cases, the Company will expeditiously provide the Pilot with alternate hotel accommodations that satisfy the requirements of this Section. If such accommodations are not provided by the Company within ninety (90) minutes of Block-In, the Pilot may secure alternate transportation, and may obtain hotel accommodations similar to the accommodations customarily used by airline pilot crews. The Pilot will be reimbursed for the cost of such transportation and accommodations by the Company within thirty (30) days after submission of receipts.
5.B.8 Long Stay Hotels
5.B.8.a Long Stay Hotels as defined in Paragraph B.8.b., below, shall be provided for all scheduled layovers of eighteen (18) hours or longer in accordance with the provisions of the Implementation Letter of Agreement.
5.B.8.b Long Stay Hotels shall be hotels located within:
5.B.8.b.i A core business district or city center of metropolitan area served; or
5.B.8.b.ii Easy and safe distance to a range of full-service dining options, entertainment (recreation facilities, parks, coffee houses, museums, sporting venues, golf, etc.), stores and shops.
5.B.9 Day RoomsWhen a Sequence has a scheduled ground time to exceed four (4) hours, single room accommodations shall be provided. If the ground time is not scheduled to exceed four (4) hours, but System Operations Control (SOC) reasonably expects the total ground time to exceed (5) five hours, the Pilot may request, and the Company shall provide, a single accommodation hotel room for each Pilot.
5.B.10 Delayed Transportation to HotelShould a crew have to wait for forty (40) minutes or more from Block In for hotel transportation, the crew shall be permitted to call for alternate transportation to the hotel. The hotel shall be charged for this alternate transportation at the time of the occurrence. If the hotel refuses to pay, the Captain shall submit an expense form with proper receipts and be reimbursed for this amount within thirty (30) days of submitting the expense documentation.See Appendix for details of grievance settlement
5.C PER DIEM
5.C.1 Per Diem shall be paid from the time the Company directs the Pilot to leave their Domicile to the time the Pilot is returned to Domicile (e.g., scheduled Report Time at the beginning of a Sequence to release at the end of a Sequence, or from the time a Pilot reports for the Company-scheduled flight to depart their Domicile for training, Section 19 hearing, etc. until the time the Pilot is returned to Domicile).
5.C.2 Per Diem shall be paid at the greater of the following rates or Flight Attendant rates:
6 MOVING EXPENSES
6.A ELIGIBILITY
6.A.1 A Pilot Displaced to another Domicile for any reason or a Pilot that is recalled from furlough to a Domicile other than the Domicile he held at the time of the furlough shall be entitled to the benefits and expenses in this Section. A Pilot displaced to another Domicile for any reason or a Pilot who is recalled from furlough to a Domicile other than the Domicile he held at the time of the furlough shall be treated in accordance with all paragraphs in this section with the exception of A.3. Each moving Day will be Pay Credited at five (5) hours per Day.
6.A.2 Successful Vacancy bidders, Pilots moving to a Domicile upon initial employment, and Pilots making Domicile swaps are not entitled to the benefits and expenses provided in this Section.
6.A.3 Successful Vacancy bidders and Pilots making Domicile swaps who move their primary residence to the new Domicile shall be pre-awarded up to four (4) consecutive unpaid Days Off to move. The Pilot must advise Crew Planning of the dates no later than the opening of the Monthly Bid (for the following month). If the move Days Off cannot be pre-awarded, the Pilot will coordinate move Days with the Pilots Chief Pilot and will be removed from his Sequence, if applicable. Such move Days will be unpaid.Example: A Pilot wishes to have moving Days in June. The Pilot must coordinate with Crew Planning so that the selected dates can be blocked no later than the Day prior to the date the June monthly bid opens on May 1st.
6.A.4 A Pilot who is eligible for unpaid moving Days pursuant to this paragraph will be given three (3) hours of Line Credit Reduction for each moving Day. A Pilot who uses moving Days will be subject to the proration table in Section 25.E.
6.B MOVING BENEFITS
6.B.1 Actual residential moving expenses by a professional mover, including packing materials, packing, shipping, loading, unloading, storage of household goods up to thirty (30) Days, and insurance for household goods and effects, up to a total weight of twelve thousand five hundred (12,500) pounds but not to exceed ten thousand dollars ($10,000). The mover must be approved by the Company and shall be paid directly by the Company.
6.B.2 A Pilot who elects to self-move shall, with valid receipts, be reimbursed for the rental truck and/or trailer, packing materials, insurance, fuel, and five hundred dollars ($500.00) to offset other costs not included in this paragraph. Reimbursement for a self-move shall not exceed the cost of a Company approved professional move as described in Paragraph B.1., above.
6.B.3 All Company-paid and/or reimbursed moves must be completed within one (1) year of the effective date of the new Domicile assignment.
6.B.4 The Company will reimburse each eligible Pilot for the relocation expenses of up to two (2) vehicles.
6.B.4.a The Company shall reimburse the Pilot for toll expenses incurred during the move.
6.B.4.b At the Pilots discretion, a vehicle may be relocated prior to the planned move, in conjunction with the actual move, or within sixty (60) Calendar Days after the actual move.
6.B.4.c The Company shall only be responsible for the actual distance traveled in each of the vehicles transported but no more than the distance between the two Domiciles calculated by Google Maps set to the fastest route.
6.B.4.d The Company shall reimburse the Pilot at the current Company mileage rate, or thirty-six cents ($.36) per mile, whichever is greater.
6.B.4.e A Day of travel shall be considered a minimum of three hundred fifty (350) miles, calculated using Google Maps set to the fastest route.
6.B.5 MOVING OF VEHICLES AND PERSONNEL
6.B.5.a The Company shall reimburse each Pilot for lodging, meals, and incidental expenses incurred for travel related to the move as provided in Paragraph B.6.b., below.
6.B.5.b Expenses reimbursed by the Company shall include the following:
6.B.5.b.i Double occupancy lodging, in hotels comparable to those used for Pilot layovers, for the Pilot and his immediate family for the time required to travel to the new Domicile based on traveling three hundred fifty (350) miles each Calendar Day; and
6.B.5.b.ii A daily meal allowance of forty-five dollars ($45.00) for the Pilot; forty-five dollars ($45.00) for his spouse or domestic partner traveling with the Pilot (provided such partner is eligible for coverage under the Pilots company insurance); and twenty-five dollars ($25.00) for each of the dependents traveling with the Pilot per Calendar Day based on traveling three hundred fifty (350) miles each Calendar Day; and
6.B.5.b.iii Meals and incidentals for the travel Days may be combined so that expenses that exceed the maximum on one Calendar Day may be covered by expenses from another Calendar Day which did not exceed the maximum provided that total meals and incidentals for the travel period do not exceed the maximum amount of each Calendar Day added together.
6.B.6 Residential Expenses
6.B.6.a For rental property used as a primary residence, if a penalty is incurred from breaking a lease as a result of moves covered in Paragraph A.1., above, the Company will pay the penalty up to the amount of two thousand dollars ($2,000.00) with proper documentation.
6.B.6.b With proper documentation, the Company will pay up to three hundred dollars ($300.00) for termination and hook-up of gas and electric utilities, telephone, internet, cable television, and any other utilities (excluding deposits) resulting from a move covered in Paragraph A.1., above.
6.B.7 If immediate occupancy of the new residence is impracticable because of time constraints imposed by the moving company, the Company shall pay meal and lodging expenses provided in Paragraph B.6.b., above, for up to fourteen (14) Calendar Days.
6.B.8 If a Company-preferred vendor is used, payment shall be made directly from the Company to the moving vendor. All other eligible expenses shall be paid to the Pilot as a reimbursed expense. The reimbursement shall be paid to the Pilot as an electronic funds transfer, if available, or via a check that shall be delivered to the Pilot, at the address of his choosing, within fourteen (14) Calendar Days of the Pilots submission of the expense form.
6.C MOVING DAYS
6.C.1 A Pilot who is moving his primary residence will be entitled to four (4) consecutive Days Off, inclusive of scheduled Days Off, for a move of seven hundred (700) miles or less, plus one additional Day Off for each three hundred fifty (350) additional miles. Days Off referenced in this Section are to be taken in conjunction with the actual move.
6.C.2 Paid moving Days will be coordinated with Crew Planning and designated as a Known Absence if the Days are known ahead of the Monthly Bid Process. Moving Days shall be awarded as Days Off and pay credited at five (5) hours per Calendar Day. If the Pilot is removed from flying for moving Days, the Pilot will be paid for the value of any Sequences lost.
6.C.3 Unless the move happens within thirty (30) Calendar Days of the Effective Date of the Displacement, or within fourteen (14) Calendar Days of the sale or purchase of real estate by the Pilot, spouse, or domestic partner (provided such partner is eligible for coverage under the Pilots company insurance), moving Days may not be scheduled during the weeks of Thanksgiving, Christmas, and New Years Day.
6.D GENERAL
6.D.1 A Pilot who is eligible for moving expenses under this Section, who elects not to move, will be entitled to either (a) five hundred dollars ($500.00) (which need not be verified by receipts); or (b) ten (10) nights of hotel stays at the Company hotel in the new Domicile to be used within the first six (6) months of the Pilots scheduled flying in the new Domicile (such nights can be used before the beginning of his scheduled flying in the new Domicile).
6.D.2 When eligible for moving expenses, nothing in this Section is intended to prevent the Company and the Pilot from agreeing to an amount to be paid to the Pilot in lieu of expenses set forth.
6.D.3 Moves must be coordinated with the Chief Pilot. Moving expenses should be submitted within thirty (30) Calendar Days after incurring the expenses. Receipts must verify all moving expenses. The Company will not be liable for any damages incurred during moving.
6.D.4 A Pilot who becomes eligible for moving expenses twice within a twelve (12) month period, but who has not yet incurred expenses for his first move, will receive the amount specified in Paragraph D.1., above, but no longer be eligible for additional benefits for other expenses related to the first move. Such Pilot will retain eligibility under this Section for his second move.
6.D.5 The Company will pay moving expenses to eligible Pilots who move to any location that is within two hundred fifty (250) miles of the new Domicile.
6.D.6 Moving Outside the Contiguous United States
6.D.6.a If the Company opens or closes a Domicile outside the contiguous United States, the Company and ALPA will meet to negotiate any specific additional considerations reasonable and necessary to facilitate the Pilot moves to or from that Domicile.
6.D.6.b All benefits for moves outside of the contiguous United States shall be no less beneficial than already included in this Section 6.
6.D.6.c If the Company and ALPA have any unresolved issues in dispute under Paragraph D.6.a., above, no later than sixty (60) Calendar Days prior to the proposed Domicile open date, the Company and ALPA will submit their final offers to expedited interest arbitration. The parties intend for all issues to be submitted to the arbitrator prior to Domicile opening. The arbitrator will issue the decision no later than thirty (30) Calendar Days following the conclusion of the arbitration.
7 VACATIONS
7.A GENERAL
7.A.1 A Pilot shall receive vacation with pay. Pilot vacation awards shall be granted in seniority order for the Position a Pilot was last awarded regardless of whether the Pilot has completed training for that Position and regardless of whether he is actually flying in that awarded Domicile at the time of the vacation bid round award. A Pilot shall bid vacation based on their projected year end accrual.
7.A.2 A Pilot’s daily rate for pay in lieu of vacation shall be five (5) hours per day of vacation. If a Pilot is eligible to be paid for vacation in accordance with the provisions of this Section, the payout will be made on January 5 of the following year, except in the cases of retirement, resignation, and termination (in which case the payout will be made within thirty (30) days or in accordance with applicable law, whichever is sooner). Any vacation payout unrelated to retirement, resignation or termination will be included in the Pilot’s total December monthly Pay Credit, and Monthly Credit Override Pay will be applied in accordance with Section 3.F.
7.A.3 Unused vacation periods due to Pilot retirement, termination, etc. will be promptly placed back into the Open Vacation Periods and be available for bid.
7.A.4 A Pilot may elect to drop some or all of his awarded vacation and have such vacation be paid during a Leave of Absence provided the Pilot notifies Crew Planning via email (
[email protected]
) no less than 48 hours prior to the close of the monthly bid for the Monthly Bid Period in which the vacation is scheduled to be taken. A Pilot who has been awarded vacation that overlaps with a Leave of Absence granted in accordance with Section 13 may elect to rebid the vacation in that calendar year or be paid out at the end of that calendar year.
7.B ACCRUAL
7.B.1 A Pilot who, as of December 31st of any year, has less than one (1) calendar year of Active Service with the Company shall be entitled to a vacation on the basis of .577 Calendar Days per pay period.
7.B.2 As of December 31st of any year, a Pilot who has completed one (1) year or more of Active Service but less than five (5) years of Active Service shall receive fifteen (15) Calendar Days.
7.B.3 As of December 31st of any year, a Pilot who has completed five (5) years or more of Active Service but less than ten (10) years of Active Service shall receive twenty-one (21) Calendar Days.
7.B.4 As of December 31st of any year, a Pilot who has completed ten (10) years or more of Active Service shall receive twenty-eight (28) Calendar Days.
7.C VACATION BIDDING
7.C.1 Bidding for annual vacation shall be accomplished in four (4) rounds. If a Pilot wishes to bid for consecutive periods in one choice, he shall indicate his preference for the first period and the total number of days desired in accordance with Paragraph C.2., below. A Pilot who does not bid a sufficient number of choices in any round to receive an award shall have any remaining vacation carried into the next round.
7.C.2 Vacation periods of ten (10) days or less shall be taken as one period. Any vacation period of eleven (11) days or more may be split. Split vacation periods shall be split in multiples of seven (7) days and any remaining days shall be bid as one additional split period.
7.C.3 Following the Fourth Round award, a Pilot who has unawarded vacation shall have that vacation assigned by the Company.
7.C.4 Vacation bidding rounds shall occur as follows:
7.C.4.a On October 1, the Company shall post the First Round Vacation Bid Package, by Position, covering the following calendar year. Bidding shall commence at 0900 LDT on October 1 and close at 0900 LDT on October 7 and be posted by 1700 LDT on October 7.
7.C.4.b On October 9, the Company shall post the Second Round Vacation Bid Package, by Position, covering the remaining vacation periods for the following calendar year. Bidding shall commence at 0900 LDT on October 9 and close at 0900 LDT on October 15 and be posted by 1700 LDT on October 15.
7.C.4.c On October 17, the Company shall post the Third Round Vacation Bid Package, by Position, covering the remaining vacation periods for the following calendar year. Bidding shall commence at 0900 LDT on October 17 and close at 0900 LDT on October 23 and be posted by 1700 LDT on October 23.
7.C.4.d On October 25, the Company shall post the Fourth Round Vacation Bid Package, by Position, covering the remaining vacation periods for the following calendar year. Bidding shall commence at 0900 LDT on October 25 and close at 0900 LDT on October 31 and be posted by 1700 LDT on October 31.
7.D OPEN TIME
7.E VACATION TRADES /SWAPSA Pilot may Trade/Swap vacation periods on a first-come/first-served basis with the following constraints:
7.E.1 Trades/Swaps must be Position specific.
7.E.2 Vacation periods must be within the same calendar year.
7.E.3 The Company must receive the Trade/Swap prior to the beginning of the Monthly Bid Period immediately preceding the month the vacation Trade/Swap would be effective (e.g., before March 1st for an April vacation Trade/Swap).
7.F VACATION SLIDE
7.F.1 Vacation Adjustment Period (VAP) Slide
7.F.1.a A Pilot may slide his vacation period plus or minus three (3) Calendar Days. A Pilot shall not be permitted to slide a vacation period between Monthly Bid Periods. However, if a Pilot is awarded a vacation period that spans two (2) Monthly Bid Periods, or if a vacation Day or Day(s) are added to a Pilots awarded vacation period, and the addition of such vacation Day or Days causes the Pilots vacation period to span two (2) Monthly Bid Periods, then the Pilot will be permitted to slide the vacation backward in the 1st month or forward in the 2nd month by three (3) Days.
7.F.1.b A Pilot who intends to slide his vacation period will submit his request via the Electronic Bid System in accordance with the timetable in Section 25.I. (the close of the vacation slide/adjustment period) (VAP).
7.F.1.c A Pilot may elect to slide his vacation in accordance with Section 7.F., provided he so specifies during the VAP that occurs two (2) months prior the vacation month (e.g. January VAP for March vacation).
7.F.1.d A Pilot with a carry-out Sequence who Swaps or Trades for the first vacation period in a bid month after the previous monthly bid award has been published will not have the Sequence removed as a result of the conflict.Example: In the Monthly Bid Period prior to the month in which PBS is implemented, a Pilot has a 4-Day carry in Sequence worth 20 hours starting on the last Day of that Monthly Bid Period. Each Day is worth 5 hours. The entire Sequence will be dropped, and the Pilot will be pay protected for 5 hours of Pay Credit and that Pay Credit will be applied to the Monthly Bid Period prior to the vacation.
7.F.2 Slide Concurrent with Monthly Bid
7.F.2.a A Pilot is entitled to elect Slide Vacation and/or Vacation Any if he wishes to move his vacation within the Monthly Bid Period. A Pilot who selects Slide Vacation may move his vacation to a different time period within the Monthly Bid Period, regardless of Section 7.I., and in accordance with the Pilots seniority, provided there is no conflict with a Known Absence. A Pilot who selects Vacation Any may have his vacation moved to another time in the Monthly Bid Period, and may have the vacation split, however, the solver will minimize the number of splits.
7.G CANCELED VACATIONS
7.G.1 A Pilots vacation shall only be canceled when the needs of service necessitate the cancellation.
7.G.1.a The Company shall notify the Association of all vacation periods it intends to cancel no later than the 1st of the month prior to the Monthly Bid Period in which the vacation periods are scheduled;
7.G.1.b The Parties shall promptly meet (conference call is acceptable) to discuss alternatives which could mitigate the need to cancel vacation periods;
7.G.1.c After the Parties meet, if the Association does not agree with the Companys determination that the needs of service necessitated the cancellation of vacations, then the MEC Chairman and Vice President of Flight Operations shall meet and confer in an effort to resolve the dispute;
7.G.1.d If the Parties cannot resolve the dispute, the matter will be submitted directly to the System Board of Adjustment (SBA).
7.G.1.e The Company maintains the right to proceed with the cancellation of vacations pending the outcome of the SBA.
7.G.2 When a Pilots vacation is cancelled the Company shall first solicit volunteers for such cancellation. If there are insufficient volunteers for such cancellation, the Company may make such cancellations mandatory.
7.G.2.0.i Voluntary cancellations shall be awarded in seniority order.
7.G.2.0.ii Involuntary cancellations shall be awarded in reverse order of seniority.
7.G.3 In the event the Company cancels a Pilots vacation, the Pilot may elect to be rescheduled to an Open Vacation Period during that calendar year. If the Pilot elects not to be rescheduled during that calendar year, then, at the Companys option, the Pilot may defer the vacation to be bid in the next calendar year or be paid in lieu of vacation. The value of each cancelled vacation day will be five (5) hours.
7.G.4 In the event the Company cancels a Pilots vacation and the Pilot suffers a loss of a non-refundable cost which the Pilot has made for his scheduled vacation, the Company shall reimburse the Pilot for such loss. Receipts for such loss must be presented to the Company for reimbursement.
7.H CHANGE OF POSITION
7.H.1 A Pilot shall bid in the Position he was last awarded, consistent with Paragraph A.1., above, as of the closing date of the bidding round. A Pilot who changes Position during the normal annual vacation bid may bid in his new Position during any remaining vacation rounds. If no rounds remain, he will be subject to Paragraph H.2., below.
7.H.2 A Pilot who is awarded a new Position must drop any vacation awarded in conjunction with the Pilots previously held Position if the vacation is scheduled to occur after:
7.H.2.a the date the Pilot is scheduled to commence training; or
7.H.2.b the Pilots Effective Date, whichever comes first.Prior to a class date award or an Effective Date award, a Pilot is eligible to adjust his vacation in accordance with this Section. Following a class date award and/or Effective Date award, a Pilot will be eligible to adjust his vacation based on his new Position. In the event there are no open vacation periods available for bid in the new Position, the affected Pilot shall be assigned a vacation by the Company or paid in lieu of an awarded vacation at the Companys option.
7.H.3 In conjunction with the posting of a system bid, the Company will publish a list of Open Vacation Periods, by Position. Open Vacation Periods posted with a system bid will not be removed unless they are awarded to a Pilot.
7.H.4 In the event a Pilot is Displaced and his scheduled vacation period is available in the new Position, the Pilot will retain his scheduled vacation. If the vacation period is not available, the Pilot may elect:
7.H.4.a to be paid in lieu of such vacation on January 5th of the following year; orPrior to a class date award or an Effective Date award, a Pilot is eligible to adjust his vacation in accordance with this Section. Following a class date award and/or Effective Date award, a Pilot will be eligible to adjust his vacation based on his new Position. In the event there are no open vacation periods available for bid in the new Position, the affected Pilot shall be assigned a vacation by the Company or paid in lieu of an awarded vacation at the Companys option.
7.H.5 In conjunction with the posting of a system bid, the Company will publish a list of Open Vacation Periods, by Position. Open Vacation Periods posted with a system bid will not be removed unless they are awarded to a Pilot.
7.H.6 In the event a Pilot is Displaced and his scheduled vacation period is available in the new Position, the Pilot will retain his scheduled vacation. If the vacation period is not available, the Pilot may elect:
7.H.6.a to be paid in lieu of such vacation on January 5th of the following year; or
7.H.6.b to bid from remaining Open Vacation Periods in the year in which the vacation was due to be taken, if any.
7.H.7 A Pilot who retires, resigns, or is terminated shall be paid for his Earned and Accrued Vacation in accordance with Paragraphs A.2. and B., above.
7.H.8 A Pilot who is in his last year of service due to mandatory retirement shall be able to forgo his vacation for that year and elect to receive appropriate pay for any unused Accrued Vacation. In order to do so, the Pilot must notify the Company thirty (30) days prior to the first vacation bid round for the Pilots retirement year.
7.I VACATION BID PERIODS
7.J VACATION STRETCH DAYS (“VSDs”)
8 DEADHEADING
8.A Deadhead time shall be included in duty time. Deadheads may not be performed during any Rest Period required by FARs or this Agreement.
8.B Deadheads performed at the end of the Sequence for the purpose of returning a Pilot to his Domicile shall be scheduled on the first scheduled Company or codeshare flight taking into account the minimum connection times used by Crew Planning during monthly Sequence construction. However, for purposes of a Reserve assignment or Reassignment, Crew Scheduling will use the lesser of the thirty (30) minute minimum ground time or the published ground time, in accordance with Section 12.D.6.
8.C A Deadheading Pilot shall travel Positive Space Must Ride and have a seat reserved in advance by the Company. A Deadheading Pilot will not be required to occupy the cockpit jumpseat but may volunteer to sit in the cockpit jumpseat to avoid displacing a revenue passenger. In addition, a Deadheading Pilot will be assigned to a window or aisle seat on Frontier, and if the Deadheading Pilot is booked on an off-line flight, he will be booked for a window or aisle coach class seat if available. If the Pilot is Deadheading on Frontier, and if available at time of check-in, a Deadheading Pilot will be assigned to a stretch or exit row window or aisle seat.
8.C.1 Deadheads will be booked by 0001 Denver time on the day of the Deadhead, if known at that time.
8.C.2 Deadheads that arise from 0001 the day of to four (4) hours before the Deadhead departure time will be booked prior to the assignment being given to the Pilot.
8.C.3 Notwithstanding Paragraphs C.1. and 2., above, if the Deadhead is assigned within four (4) hours of the Deadhead departure time, the Company may assign the Deadhead to the Pilot and then the Company may subsequently book the Deadhead.
8.C.4 Paragraphs D.1. through C.3., above, are not applicable during a Declared Irregular Operation (“DIO”).
8.D Deviation from a Deadhead
8.D.1 General
8.D.1.a A Pilot (including Lineholders and Reserves) may deviate from a Deadhead, provided the Pilot notifies Crew Scheduling as soon as practical but no later than forty-five (45) minutes prior to the scheduled departure time of the DDeadhead leg. If the Pilot deviates from a Deadhead, the Pilot shall be responsible for arranging his own alternative transportation. If a Pilot is assigned to a Deadhead within forty-five (45) minutes of the scheduled departure time, the Pilot will notify Crew Scheduling of his decision to deviate as soon as possible.
8.D.1.b A Pilot who deviates from a Deadhead will receive Pay Credit for the originally scheduled Deadhead.
8.D.1.c A Pilot who deviates from a Deadhead shall be considered to have Deadheaded as scheduled when considering the Pilots eligibility and legality for adding Open Time, flying from the Premium Add Folder, etc. Crew Scheduling will, during the Pilots notification call to deviate, adjust the Deadhead to reflect the originally scheduled Block Time for legality and pay purposes.
8.D.2 Optional Flight in Lieu of Scheduled Deadhead
8.D.2.a A Pilot who is scheduled to Deadhead on the first leg(s) or last leg(s) of any Sequence is entitled to replace the scheduled Deadhead travel with a non-stop Frontier flight to or from any Frontier-served city. A Pilot who elects to replace his scheduled Deadhead flight through the use of this provision will be booked on a Positive Space Must Ride basis, provided that a seat is available at the time of booking. A Pilot who elects to use this option to replace a Deadhead at the end of his Sequence must list for a flight that is scheduled to depart within twenty-four (24) hours of the originally scheduled Deadhead flight.
8.D.2.b A Pilot who elects to use this provision must activate ID90 (or its equivalent) for the year in which the optional travel will occur, and the Pilot will be obligated to pay any applicable ID90 user fees. The fee charged to the Pilots will be the same as the fee charged to any other employee group.
8.D.2.c A Pilot who deviates from a Deadhead pursuant to these provisions and who incurs international taxes as a consequence of the deviation will be reimbursed for such taxes provided the Pilot contacts Corporate Travel (
[email protected]
) and includes the flight number and date of travel.
8.D.2.d New Hire Pilots may book themselves Positive Space Must Ride travel to and from the location of assigned OE Sequences from any city Frontier serves in accordance with this Paragraph D., notwithstanding the scheduled Deadhead requirement. For the avoidance of doubt, use of Positive Space Must Ride travel does not constitute a deadhead for purposes of FAR 117 rest and duty limitations.
8.D.2.e A Pilot who becomes unable to report for duty as a result of the interruption, delay, or Cancelation of the optional flight will notify Crew Scheduling as soon possible. If Crew Scheduling removes the Pilot from the duty assignment or portion thereof, the Pilot will not be paid for the duty removed and will have the option to return to work in accordance with Section 14.D. The Pilot will be subject to the Monthly Bid Period minimums pursuant to Section 25.K.3.
8.D.3 Lineholders Outbound from Domicile
8.D.3.a The Pilot must contact Crew Scheduling as soon as possible if the Pilot encounters any delays that might affect the Pilots operating flight.
8.D.3.b A Pilot will not be permitted to deviate from the Deadhead if the Pilot has been Reassigned prior to notifying Crew Scheduling of his intent to deviate, if the Reassignment either removes the Deadhead leg or the Pilot is notified that he will operate the Deadhead leg
8.D.4 Lineholders – Inbound to Domicile
8.D.5 Reserves – Outbound from Domicile
8.D.6 Reserves Inbound to Domicile
8.D.6.a A Short Call Reserve Pilot who is scheduled to Deadhead on the last leg of a Sequence shall not be required to Deadhead back to Domicile if that Reserve Pilot is projected to have less than four (4) hours of scheduled duty remaining following the Deadhead leg on the last day of the Sequence.
8.D.6.b A Long Call Reserve Pilot who intends not to Deadhead to Domicile shall call Crew Scheduling in advance. The Reserve Pilot shall not be Reassigned during this notification call to Crew Scheduling.
8.D.6.c In all other instances where a Reserve Pilot is scheduled to Deadhead back to Domicile on the last leg of a Sequence, that Reserve may request a release from Deadheading duties from Crew Scheduling.
9 NEW AIRCRAFT
9.A In the event that the Company, at any time during the term of this Agreement, intends to place widebody aircraft into revenue service, then this Agreement, at the written request of the Association or the Company, shall be reopened for the sole purpose of determining rates of pay for such aircraft. These negotiations shall not be pursuant to Section 6 of the Railway Labor Act, as amended.
9.B The procedure for determining the rates of pay for widebody aircraft shall be as follows:
9.B.1 The Company shall give the Association notice of its intention to introduce the widebody aircraft at least six (6) months prior to the estimated scheduled revenue service date or within thirty (30) Days after entering into an agreement for acquisition of the aircraft, whichever is later.
9.B.2 The parties shall meet within fifteen (15) Days following a written request by either party to negotiate the pay rate for such aircraft.
9.B.3 The negotiations shall attempt to determine a Captain pay rate for the widebody aircraft which is consistent with the average percentage differential paid by the other U.S.-based carriers which operate the same or similar narrowbody and widebody aircraft but, in no event, shall the differential between Captain pay rates for the Companys narrowbody and widebody aircraft be less than ten percent (10%).
9.B.3.a The First Officer percentage of Captain pay rates for the Companys widebody aircraft shall be the same as the First Officer percentage of Captain pay rates for the Companys narrowbody aircraft as provided in Section 3.B.1. of this Agreement.
9.B.3.b Pay rates for all First Officers in their first year of service, whether in narrowbody or widebody aircraft, are the same. Widebody pay for a First Officer increases to a percentage of Captain pay on the first anniversary of a Pilots date of hire.
9.B.3.c If an agreement is not reached within sixty (60) Days from the commencement of negotiations, either party may submit the dispute to final and binding interest arbitration.
9.B.3.d The dispute shall be heard by an arbitrator mutually selected in advance, or from a panel of neutrals agreed upon in advance by the parties, using an alternate strike method of selection from that panel if the parties cannot mutually agree on the arbitrator.
9.B.3.e The arbitrator shall determine a Captain pay rate for widebody aircraft which is consistent with the average percentage differential paid by other U.S.-based carriers which operate the same or similar narrowbody and widebody aircraft but, in no event, shall the differential between Captain pay rates for the Companys narrow body and widebody aircraft be less than ten percent (10%).
9.B.3.e.i Pay rates for all First Officers in their first year of service, whether in narrowbody or widebody aircraft, are the same. Widebody pay for a First Officer increases to a percentage of Captain pay on the first anniversary of a Pilots date of hire.
9.B.3.e.ii The First Officer percentage of Captain pay rates for the Companys widebody aircraft shall be the same as the First Officer percentage of Captain pay rates for the Companys narrowbody aircraft, except as provided in Section 3.B.1. of this Agreement.
9.B.3.f The hearing shall be conducted and post-hearing briefing by the parties, if any, shall be completed within forty-five (45) Days from the date of submission of the dispute to arbitration.
9.B.3.g The arbitrators award shall be issued no later than thirty (30) Days after the completion of the hearing and any post-hearing briefs.
9.B.3.h Upon final negotiated agreement, or upon issuance of the arbitrators award, retroactive compensation, if applicable, shall be paid to all Pilots who operated the widebody aircraft in revenue service before the parties agreement became effective or the award was issued. If the Company begins to operate widebody aircraft prior to reaching an agreement with ALPA or the issuance of an arbitration award, the initial Captain and First Officer pay rates shall be as set forth in Paragraph B.3., above, and any necessary adjustments shall be made pursuant to Paragraph B.3., above.
9.B.4 Nothing herein shall prevent the Company from acquiring and placing into revenue service any widebody aircraft or hiring, training, and placing Pilots into such service before agreement is reached over pay rates or an arbitration award is issued.
10 TRANSFER TO NON-FLYING OR SUPERVISORY DUTY
10.A GENERAL
10.A.1 A Pilot transferred to No-Bid or Management status shall retain and continue to accrue seniority and Longevity.
10.A.2 If a Pilot is transferred to No-Bid or Management status due to sickness or injury, or becomes sick or injured while on such status, that Pilot shall retain and continue to accrue seniority and Longevity during the period of sickness or injury whether or not the Pilot is able to maintain a medical certificate, until able to return to flying duty. The Pilots eligibility to remain on the Seniority List shall be in accordance with Section 13.
10.A.3 Any disputes arising hereunder concerning the physical fitness of such Pilot shall be determined in accordance with Section 15 of this Agreement.
10.A.4 An individual who occupies a Management status who is not on the Seniority List shall have no rights under this Agreement.
10.B MANAGEMENT PILOTS
10.B.1 The Company shall notify the ALPA MEC Chairman in writing when a Pilot transfers to a Management Pilot (e.g., Vice President, Director, Manager, Chief Pilot, or Assistant Chief Pilot).
10.B.2 Management Pilots shall not be eligible to bid or be awarded any type of line (Regular, or Reserve) or Open Time or flying from the Premium Add Folder, except as specified in Section 25.Z, but may elect to fly by displacing a Pilot who has been awarded a Sequence, provided the displaced Pilot is pay protected and released from duty in accordance with Section 25.W.
10.B.3 When a Pilot on the Seniority List is released by the Company from Management status or desires to return to the line from such status, the Company shall notify the ALPA MEC Chairman in writing and such Pilot shall be eligible to bid for a line of flying in accordance with his seniority on the next scheduled monthly bid and exercise his Position on the Seniority List as defined under this Agreement. The Pilot will return to his “double bid” Position, if applicable (as specified in Paragraph C., below) and his return will not cause the Displacement of another Pilot.
10.C DOUBLE BID SYSTEM
10.C.1 The Double Bid System will apply to Management Pilots to allow them to bid and be awarded a new Position in accordance with Section 24 in accordance with his seniority while in a Management status. A Management Pilot who is double bid will occupy a Position only for administrative or pay purposes, as applicable, until the Management Pilot returns to line flying to fill that Position.
10.C.2 A Management Pilot will bid in accordance with Section 24 for the purpose of being awarded a double bid Position. The same Position will also be awarded to the next junior Pilot (or senior Pilot in the case of a Displacement).
10.D NO-BID PILOTS
10.D.1 Check Airmen, Aircrew Program Designees, or Instructor Pilots on No-Bid status for the Company during an entire Monthly Bid Period shall be considered No-Bid Pilots for that Monthly Bid Period. These Pilots shall be designated No-Bid Training on the PBS Information Page.
10.D.2 Any Pilot appointed by the Company as a Special Project Pilot (SPP) to perform administrative or other non-flying duties during an entire Monthly Bid Period (not including Pilots who are medically unable to fly) shall also be considered a No-Bid Pilot for that Monthly Bid Period. These Pilots shall be designated No-Bid SPP on the PBS Information Page.
10.D.3 No-Bid Pilots shall not be eligible to bid or be awarded any type of line (Regular, or Reserve) or any Open Time or flying from the Premium Add Folder, except as specified in Section 25, but may elect to fly by displacing a Pilot who has been awarded a Sequence, provided the displaced Pilot is pay protected and released from duty in accordance with Section 25.W.
10.D.4 Compensation for duties performed for the Company by No-Bid Pilots (in excess of the Monthly Pay Guarantee) shall be entirely at the discretion of the Company.
10.D.5 Notice to the Association required by Paragraph B.1., above, shall be considered fulfilled if a No-Bid Training or No-Bid SPP Pilot is designated on the PBS Information Page.
11 TRAINING AND TESTING
11.A GENERAL
11.A.1 Association Training CommitteeThe Company and the Association Training Committee shall meet once every three (3) months, on request of either party, to review the status of the training programs. The Association Training Committee Chairman shall contact the Director of Flight Operations Training and Standards (or equivalent position) to schedule a mutually agreeable time for these meetings. The Company shall consider the suggestions and course critiques of the Association Training Committee as to the improvement of the training programs.
11.A.2 Training RecordsAny disputes arising hereunder concerning the physical fitness of such Pilot shall be determined in accordance with Section 15 of this Agreement.
11.A.3 Information and Training Materials Provided to Pilots in Training
11.A.3.a Training MaterialsTraining materials that are required to be studied or completed prior to a training event shall be provided electronically at least seven (7) days (or less, by mutual agreement between the Pilot and the Company) prior to any simulator or Ground Training.
11.A.3.b List of Airports to be Used for Proficiency Check (PC) and Proficiency Training (PT) EventsA list of up to five (5) airports that may be used for PC and PT events will be available on myfrontier.org/Departments/Flight Ops/Training.
11.A.3.c Recurrent Ground School SyllabusPilots attending Recurrent Ground School shall be provided with a syllabus that describes the topics to be covered each day. Pilots shall have access to the syllabus through the Company website at least seven (7) days (or less, by mutual agreement between the Pilot and the Company) prior to the training.
11.A.4 Notification of a Training/Qualification EventA Pilot whose training is awarded via the pre-bid process will be notified of a Recurrent Training/qualification event via the monthly RGS/simulator award.
11.A.5 Instructor Change RequestsA Pilot in simulator training may request a change of instructor after discussing the reason for the change with the Director of Flight Operations Training and Standards.
11.A.6 Change of Instructor/Check Airman Following a FailureIf a Pilot fails a Training/Qualification Event, the Pilot may request and then shall be assigned another Instructor/Check Airman for the subsequent Qualification Event.
11.A.7 Additional TrainingAny additional training after a failure that is specified in this Section may be waived in writing by the Pilot, and with the consent of the Company.
11.A.8 Training Withdrawals
11.A.8.a Hardship Withdrawals
11.A.8.a.i A Pilot may voluntarily withdraw from training for hardship circumstances (for example, but not limited to, a death or serious illness in the family, divorce).
11.A.8.a.ii The request for a hardship withdrawal must be submitted in writing to the Vice President of Flight Operations.
11.A.8.a.iii A hardship withdrawal will not be treated as a failure.
11.A.8.a.iv A Pilot who withdraws from training for hardship circumstances will return to his previous Position. If the Pilot is placed on a leave of absence, the Pilots return to work will follow the provisions in Section 13 (Leaves of Absence, Personal Leave). The Pilot will notify the Chief Pilot in writing when he is ready to be rescheduled for the training that was discontinued. The Pilot will be placed in the next published Vacancy that has not been awarded.
11.A.8.b Voluntary Withdrawals
11.A.8.b.i A Pilot who voluntarily withdraws from training with more than two (2) weeks notice in writing to the Chief Pilot prior to the start of training shall not be penalized.
11.A.8.b.ii A Pilot who voluntarily withdraws from training with less than two (2) weeks notice in writing to the Chief Pilot prior to the start of training shall not be awarded a Captain Position with an originally published Effective Date within eight (8) months from the date of his withdrawal.
11.A.9 Recordings of Training EventsThere will be no recording or transmission of data, images, or audio from any simulator or training device except as a tool for the debriefing of training or evaluation periods. The Company will, immediately upon conclusion of each sessions debrief, permanently erase all recorded media of such events in the presence of the Pilot who received the applicable training.
11.A.10 Check Airman Qualifications
11.A.10.a All OE, Proficiency Checks, Proficiency Training, and Line Checks shall be given by Pilots who:
11.A.10.a.i Are or have been on the Seniority List; and
11.A.10.a.ii Have at least five hundred (500) hours of line flying experience at the Company as Captain in the aircraft type (Airbus A320 family).
11.A.10.b These requirements under Paragraph A.10.a., above, may be waived with the consent of the Association.
11.A.11 ALPA ObserverA Pilot or the Company has the option to request an ALPA designee employed by the Company as a Pilot to ride as an observer. If flying must be dropped for the observer by Pilot request, the drop shall be requested as an ALPA drop in accordance with Section 25. If flying must be dropped for the observer by Company request, the drop shall be requested as a Company drop.
11.B SCHEDULING OF TRAINING EVENTS
11.B.1 General Training Scheduling Rules
11.B.1.a General Training Scheduling Rules
11.B.1.a.i It shall be the Companys responsibility to schedule and administer Proficiency Checks, Proficiency Training, and Line Checks on time. No Pilot shall be downgraded or lose pay due to the Companys failure to schedule and complete required training on time to prevent a dequalification.
11.B.1.a.ii When a Pilot is scheduled for a training event that is planned to exceed six (6) days, the Pilot must be scheduled for at least one (1) Calendar Day free of any Company duty during any seven (7) Calendar Day period. This Calendar Day free of any Company duty may occur in or away from the Pilots Domicile. The Pilot may choose to waive this requirement.
11.B.1.a.iii When a Pilot is scheduled for a training event that is planned for six (6) or fewer days, the Pilot must be scheduled for at least one (1) Calendar Day free of any Company duty during any seven (7) Calendar Day period. This Calendar Day Off must occur in the Pilots Domicile. The Pilot may choose to waive this requirement.
11.B.1.b Pilot Responsibilities and Travel to/from Training
11.B.1.b.i It shall be the Pilots responsibility to comply with the scheduled time for the Training/Qualification event once he has been notified by the Company of the schedule.
11.B.1.b.ii In lieu of Company scheduled transportation, a Pilot may book himself must ride travel to and from training events from any city Frontier serves in accordance with Sections 8.D.1 and 8.D.2. The Pilot will receive Pay Credit for the originally scheduled Deadhead. One (1) additional must ride round trip booking shall be provided to a Pilot for a training course that is planned to exceed six (6) Days. This provision does not apply to a Pilot in initial training or line flying during Ground or simulator training. Deadhead pay will not be applied to travel that occurs pursuant to this Subparagraph B.1.b.ii.
11.B.1.c A Pilot who is in training shall not normally be assigned or allowed to pick up Open Time. However, should there be an extended lapse (greater than thirty (30) days) in the training due to unforeseen circumstances, the Company and the Association shall discuss the Pilots return to line flying during the lapse in training.
11.B.1.d Deadheading to or from TrainingThe Company will build training patterns for any Pilot who does not train in their Domicile that includes Deadhead in accordance with the other provisions of this Agreement. Any Deadheading to or from a training event shall be included in the duty time calculations in accordance with Section 12.
11.B.1.e Training during VacationTraining shall not be assigned during any vacation period except by the Pilot’s consent. The Pilot may waive this requirement after receiving their monthly bid award.
11.B.1.f Oral Examinations PIC Type.Oral examinations for the purpose of a PIC type rating administered by the FAA or the Company Aircrew Program Designee shall not be scheduled on the same Calendar Day with any other training or duties; however, the Pilot may waive this same Calendar Day restriction.
11.B.2 Ground School Scheduling
11.B.2.a Time LimitationsGround Training shall not be scheduled more than eight (8) hours in any Calendar Day, except for meals. Should it become necessary for the Company to reschedule training, such training may not be rescheduled for more than ten (10) hours in any Calendar Day and in no case more than forty-two (42) hours in any five (5) consecutive days.
11.B.2.b RestA Pilot who has been scheduled for ground school shall receive the same legal rest as applicable to flight duty before ground school and shall receive the applicable legal rest after ground school prior to performing duties as a flight deck crew member.
11.B.2.c Pre-Probationary PC Recurrent Ground School Recurrent Ground School shall be scheduled and completed prior to a Pilots Probationary PC.
11.B.3 Simulator Training Scheduling
11.B.3.a Simulator Training Times
11.B.3.a.i No training or checking will be scheduled to occur between the hours of 0200 and 0600 LT. Post briefs shall be scheduled to conclude no later than 0230. Under no circumstances will simulator training or checking, including debriefing time, be conducted between 0330 and 0600 LT. Pre-briefing may be scheduled to start no earlier than 0500.
11.B.3.a.ii Simulator sessions scheduled on consecutive days shall be scheduled with no more than a four (4) hour start time variance, except with consent of the Pilot.
11.B.3.b Simulator Rest RequirementsA Pilot who has been scheduled for simulator training shall not be scheduled by the Company to perform any duty within twelve (12) hours of the simulator training period (including the scheduled brief time and a one-half (.5) hour debrief session) as a required flight deck crew member or as a Deadhead
11.B.3.c Simulator Training Duration Limits
11.B.3.c.i A Pilot assigned to simulator training shall not receive in excess of eight (8) hours of total training (including oral briefing and debriefing) in a Calendar Day.
11.B.3.c.ii No Pilot shall be scheduled more than two hours and thirty minutes (2:30) as the Pilot Flying (PF) and not more than six (6) hours total elapsed time in a simulator in any one (1) Duty Period.
11.B.3.d PC/PT Notice Requirements A Pilot shall be given at least five (5) Calendar Days’ notice prior to any PC/PT with the exception of training and subsequent check rides required as provided in Paragraph E., below (Performance Standards).
11.B.3.d.i If the simulator period is cancelled and rescheduled to a date after the originally scheduled period, no further notification is required other than the date, time, and place of the rescheduled period.
11.B.3.d.ii If the period is rescheduled to a date prior to the originally scheduled period, with less than five (5) days notice, it shall be the Pilots option to accept the rescheduled period; however, in the event the cancellation occurs in the Pilots Late Grace Month and the rescheduled period is prior to the originally scheduled period with less than forty-eight (48) hours notice, it shall be the Pilots option to accept the rescheduled period.
11.C BIDDING FOR TRAININGPilots shall bid for training in accordance with Section 25.H.
11.D PAY DURING TRAININGPilots shall be paid for training in accordance with Section 3.
11.E PERFORMANCE STANDARDS
11.E.1 General Performance Standards
11.E.1.a Failure DocumentationIf a Pilots performance is judged to be unsatisfactory during any training or qualification event, the instructor/Check Airman will include the reason(s) for unsatisfactory performance on the appropriate Pilots training record document(s).
11.E.1.b Oral Examinations FailuresA failure of an Oral Examination associated with a PC or PT shall be considered a failure of the PC or PT. Additional simulator training sessions, where required in this Performance Standards subparagraph, shall not be required if the training or checking event is due to failure of the Oral Examination. Additional training provided by the Company, if any, for a failed Oral Examination shall be ground/classroom training.
11.E.1.c Seat Support Pilots
11.E.1.c.i A Pilot who performs duty in the flight simulator for the purpose of facilitating training being administered to another Pilot, but who is not receiving training (i.e. a seat support Pilot) shall be subject to evaluation based upon applicable FARs but shall not be required to participate in an oral exam.
11.E.1.c.ii If the Check Airman or instructor observes unsatisfactory performance by a Pilot who is providing seat support, the unsatisfactory performance shall not be considered a failure. Under these circumstances, the Check Airman or instructor has two (2) options:
11.E.1.c.ii.a Immediately provide the Pilot with additional training to correct the items that were unsatisfactory; or
11.E.1.c.ii.b Immediately notify the Director Flight Operations Training and Standards that the Pilot is disqualified. The Director Flight Operations Training and Standards will coordinate and schedule Requalification Training for the Pilot who is disqualified with the Chief Pilot.
11.E.1.c.ii.c A Pilot will not lose any pay as a consequence of an unsatisfactory performance under this Paragraph.
11.E.1.d Multiple Failures and Training Review Board (TRB)
11.E.1.d.i For the purposes of this Paragraph, Training Phases shall include: Training Simulator (Paragraph E.3.a.), Simulator Qualification (Paragraph E.3.b.), Operating Experience/Line Checks (Paragraph E.4.), and Recurrent Simulator (Paragraph E.5.).
11.E.1.d.ii If a Pilot has a pattern of failures, the Company shall notify the Pilot and the Association MEC Chairman in writing within thirty (30) days of the failure that determined the pattern, that he may be subject to review by the TRB following another failure.
11.E.1.d.iii The TRB shall consist of four (4) memberstwo (2) who shall be selected by the Company and two (2) selected by the Association. The Company and Association members shall be Frontier Airlines employees familiar with Pilot training. In the event a TRB is convened to review a Pilots training performance, either party may invite a person who is familiar with the equipment, Pilot and/or training involved who may speak on training issues under consideration.
11.E.1.d.iv The TRB shall recommend by majority vote to the Vice President of Flight Operations whether future upgrade attempts or continued employment should be allowed. Upon deadlock of the TRB, the Vice President of Flight Operations shall make the final determination.
11.E.1.d.v The Pilot shall have the right to appeal the final decision of the Vice President of Flight Operations under Section 21 of this Agreement.
11.E.1.d.vi The TRBs deliberations shall not be admissible in any proceeding under Section 19 or 21 of this Agreement.
11.E.1.e Simulator Scheduling Following a FailureSimulator training/checking following a failure shall be paid in accordance with Section 3.N.6. Such retraining/rechecking will be scheduled at the Companys discretion with the following limitations:
11.E.1.e.i The training will not be scheduled to begin earlier than forty-eight (48) hours following the initial failure, except by the Pilots consent, and
11.E.1.e.ii If scheduled within the first five (5) days following the training failure, the training will not be scheduled outside of a previously scheduled Sequence or reserve period, except by the Pilots consent.
11.E.2 Initial New Hire Training and Probationary PC Performance Standards.
11.E.2.a Initial New Hire TrainingIf a Pilots performance during any phase of an initial new hire training is unsatisfactory, the Company may determine if any further training will be given and whether his employment will be continued. This decision must be explained in writing with copies to the Pilot and the Association.
11.E.2.b Probationary PCIf a Pilot fails a Probationary PC, the Company may determine if any further training will be given.
11.E.3 Upgrade Training Performance Standards
11.E.3.a Training simulator phase (this includes simulator events excluding simulator qualification events as defined under the Flight Operations Training Manual (FOTM)):
11.E.3.a.i A Pilot shall be considered to have failed the upgrade training simulator phase if he receives an overall unsatisfactory grade (as defined in the FOTM) for a total of three (3) times, whether on the same simulator period (e.g., three (3) attempts to successfully complete simulator period #1), different simulator periods, or on any combination thereof.
11.E.3.a.ii Failure During the First Attempt at UpgradeIf a Pilot fails the upgrade training simulator phase, he shall return to First Officer, and he shall not be awarded a Captain Position with an originally published Effective Date within eight (8) months from the date of his last upgrade training simulator phase failure.
11.E.3.a.iii Failure During the Second Attempt at UpgradeIf a Pilot is awarded a second Captain Position and fails the upgrade training simulator phase, he shall again return to First Officer
11.E.3.a.iv A third attempt at upgrade will not normally be authorized by the Company.
11.E.3.b Simulator qualification phase (this includes Simulator Qualification Events as defined under the FOTM):
11.E.3.b.i First FailureFollowing the first failure of a qualification event, a Pilot shall receive additional training specific to the deficiency. The additional training shall consist of at least one (1) simulator period (the Pilot may waive this in writing) but not to exceed two (2) simulator periods. The Pilot shall then be given a second qualification event attempt.
11.E.3.b.ii Second FailureIf a Pilot fails a second qualification event, he shall elect one of the following two (2) options:
11.E.3.b.ii.a Third Qualification Attempt Option He may elect to receive at least one (1) additional simulator period and a third qualification event. If his third qualification event is not satisfactory, his retention in the service of the Company will be at Company discretion subject to the provisions of Section 19; orFirst Officer Option
11.E.3.b.ii.b He may remain as a First Officer in the aircraft in which he was attempting to upgrade and shall receive at least one (1) training simulator period and a First Officer PC prior to returning to the line as a First Officer. At the Pilot’s option, the Pilot shall receive one (1) Flight Training Device (“FTD”) period prior to the training simulator
11.E.4 Operating Experience (OE)
11.E.4.a Initial Captain Line Check (end of OE)If a Pilot fails his initial Captain line check, he shall receive additional training specific to the deficiency and a subsequent initial Captain line check. If a Pilot fails the second attempt at the initial Captain line check, at the Companys option:
11.E.4.a.i he shall return to First Officer and he shall not be awarded a Captain Position with an Effective Date within eight (8) months from the date of his most recent failure (and the Company shall have the option to give the Pilot an evaluation flight prior to awarding the Captain Position); or
11.E.4.a.ii the Company may provide a LOFT and a third line check. This option shall not normally be allowed. If the Pilot fails this third line check, he shall return to First Officer and he shall not be awarded a Captain Position with an Effective Date within twenty-four (24) months from the date of his most recent failure (and the Company shall have the option to give the Pilot an evaluation flight prior to awarding the Captain Position).
11.E.4.b Fifty-Hour RuleIf a Pilot is not ready for his line check (or to be signed off for OE) after receiving fifty (50) hours of OE and that Pilot has flown with only one (1) Check Airman during OE, the Company shall assign a second Check Airman to continue the OE.
11.E.4.c Sixty-Hour RuleIf a Pilot is not ready for his line check (or to be signed off for OE) after receiving a total of sixty (60) hours of OE, the Company shall decide whether the Pilot will receive additional OE.
11.E.4.c.i For a Captain trainee: At the completion of at least sixty (60) hours of OE, if the Pilot is not ready for his line check and the Company has determined he shall not receive any more OE, he shall have failed OE. The Pilot shall return to First Officer and he shall not be awarded a Captain Position with an Effective Date within eight (8) months from the date of his last Captain trainee OE event (and the Company shall have the option to give the Pilot an evaluation flight prior to awarding the Captain Position).
11.E.4.c.ii For an FO trainee: at the completion of at least sixty (60) hours of OE, if the Pilot is not ready to be signed off for OE, he shall have failed OE and the Company may determine whether his employment will be continued. This decision must be explained in writing with copies to the Pilot and the Association.
11.E.5 Recurrent Simulator TrainingThe following standards applicable to Captains and First Officers are in reference to one (1) individual recurrent training event (e.g., one (1) PC or PT event).
11.E.5.a Captain Recurrent Simulator Training (applicable to Captains other than Probationary Pilots).
11.E.5.a.i First Failure
11.E.5.a.i.a Following the first failure of a PC/PT, a Captain shall receive additional training specific to the deficiency. The additional training shall consist of at least one (1) simulator period (the Pilot may waive this in writing) but not to exceed two (2) simulator periods.
11.E.5.a.i.b The Captain shall then be given a second PC/PT event.
11.E.5.a.ii Second FailureIf a Captain fails the second PC/PT, he shall elect one (1) of the following two (2) options:
11.E.5.a.ii.a Third PC/PT Option. He may elect to receive at least one (1) additional simulator period and a third PC/PT. If his third PC/PT is not satisfactory, his retention in the service of the Company will be at Company discretion subject to the provisions of Section 19; or
11.E.5.a.ii.b First Officer Option. He may elect to move to First Officer in the aircraft in which he was qualified as a Captain and shall receive at least two (2) simulator training periods, and a First Officer PC before flying as a First Officer. At the Pilots option, the Pilot shall receive one (1) FTD period prior to the training simulator.
11.E.5.a.ii.b.I If the Pilots First Officer PC is satisfactory, he shall not be awarded a Captain Position with an Effective Date within eight (8) months from the date of his most recent failure.
11.E.5.a.ii.b.II If the Pilots First Officer PC is not satisfactory, he shall receive additional training (the Pilot may waive this in writing) to include at least one (1) simulator period, but not to exceed two (2) simulator periods, and another PC/PT. If the second PC/PT is satisfactory, the Pilot shall not be awarded a Captain Position with an Effective Date within two (2) years from the date of his most recent failure.
11.E.5.a.ii.b.III If his second First Officer PC/PT training is not satisfactory, his retention in the service of the Company will be at Company discretion subject to the provisions of Section 19.
11.E.5.b First Officer Recurrent Simulator Training (applicable to First Officers other than Probationary Pilots)
11.E.5.b.i First PC/PT Attempt
11.E.5.b.i.a Following the first failure of a PC/PT, a First Officer shall receive additional training (the Pilot may waive this in writing) specific to the deficiency. The additional training shall consist of at least one (1) simulator period but not to exceed two (2) simulator periods.
11.E.5.b.i.b The First Officer shall then be given a second PC/PT.
11.E.5.b.ii Second PC/PT Attempt
11.E.5.b.ii.a If the second First Officer PC/PT is not satisfactory, the First Officer shall receive additional training (the First Officer may waive this in writing) specific to the deficiency. The additional training shall consist of at least one (1) simulator period but not to exceed two (2) simulator periods.
11.E.5.b.ii.b The First Officer shall then be given a third PC/PT.
11.E.5.b.iii Third PC/PT Attempt
11.E.5.b.iii.a If the third First Officer PC/PT is satisfactory, the Pilot shall be restricted from being awarded a Captain Position with an Effective Date within eight (8) months from the date of his most recent failure (and the Company shall have the option to give the Pilot an evaluation flight prior to awarding the Captain Position).
11.E.5.b.iii.b If the third First Officer PC/PT is not satisfactory, his retention in the service of the Company will be at Company discretion subject to the provisions of Section 19.
11.F RECURRENT LINE CHECKS
11.F.1 If a Pilot fails a line check, he shall receive additional training specific to the deficiency and an associated second line check.
11.F.2 If the Pilot fails the second line check, he shall receive additional training specific to the deficiency and shall be subject to receiving a LOFT event and subsequent line check.
11.F.3 If the Pilot fails the LOFT or third line check, he shall move to First Officer in the aircraft in which he was qualified as a Captain and shall receive at least two (2) simulator training periods, and a First Officer PC before flying as a First Officer. At the Pilots option, the Pilot shall receive one (1) FTD period prior to the training simulator.
11.F.3.a If the Pilots First Officer PC is satisfactory, he shall not be awarded a Captain Position with an Effective Date within eight (8) months from the date of his most recent failure.
11.F.3.b If the Pilots First Officer PC is not satisfactory, he shall receive additional training (the Pilot may waive this in writing) to include at least one (1) simulator period but not to exceed two (2) simulator periods, and another PC/PT. If the second PC/PT is satisfactory, the Pilot shall not be awarded a Captain Position with an Effective Date within eighteen (18) months from the date of his most recent failure.
11.F.3.c If his second First Officer PC/PT training is not satisfactory, his retention in the service of the Company will be at Company discretion subject to the provisions of Section 19.
12 HOURS OF SERVICE
12.A GENERAL
12.A.1 In any case in which the Agreement and the FAR provisions differ, the more restrictive of the provisions will be applied.
12.A.2 All of the provisions included in this Section apply to all Pilots, regardless of the type of line the Pilot holds, unless the provision states otherwise.
12.B REPORT ON/OFF TIMES
12.B.1 The following shall be used to determine Report Time:
12.B.1.a Not less than sixty (60) minutes prior to departure in Domicile.
12.B.1.b Not less than forty-five (45) minutes prior to departure away from Domicile.
12.B.1.c May be reduced at the discretion of the Captain and SOC, but at no time shall the legal Rest Period be less than that required by the FARs.
12.B.2 The following shall be used to determine release time:
12.B.2.a For domestic flights, not less than fifteen (15) minutes after Block In.
12.B.2.b For international flights, not less than thirty (30) minutes after Block In.
12.B.2.c When a Pilot is requested to perform ground duties (including drug and/or alcohol testing), release from duty shall be delayed until such duty is completed.
12.B.3 The above referenced minimum Report Times shall apply to Deadhead transportation, including ground transportation, not local in nature (i.e. limo).
12.B.4 The above referenced minimum Report Times shall apply to Pilots who are Reassigned.
12.B.5 In no case will a Pilot be required to check in prior to the start of any work assignment.
12.C A Pilot is on duty from Report Time to release time. A Reserve Pilot is also considered on duty during his RDP or until released from an assignment.
12.D Duty Periods shall be limited in accordance with the following:
12.D.1 A Pilot shall not be scheduled to be on duty for more than fourteen (14) hours, except:
12.D.1.a If any portion of a Duty Period is scheduled to occur between 0059-0430 LT, the Duty Period will not:
12.D.1.a.i Be scheduled for greater than 10:30 hours;
12.D.1.a.ii Actually exceed twelve (12) hours, unless the Pilot agrees otherwise;
12.D.1.a.iii Be scheduled to include more than two (2) legs;
12.D.1.a.iv Have a scheduled ground time of greater than one hundred twenty (120) minutes.Example 1: A Pilot is scheduled to complete a Duty Period at 2300, but due to weather, the Pilot is not released until 0100, and the Pilots Duty Period exceeds 12 hours. Since the Pilot was not originally scheduled to operate between 0059 and 0430, there is no violation.
12.D.1.b The Duty limitations set out in Paragraphs D.1.a.i. through D.1.a.iv., above, apply to each Duty Period within a Sequence. The time a Reserve Pilot spends in a Reserve Availability Period (RAP) without performing any other duty will not count towards these limitations.
12.D.2 If the Company schedules a Pilot to Deadhead on a leg(s) that he had been scheduled to operate as part of his original Sequence, it is not considered a schedule change for the purpose of determining whether a Pilot has been scheduled to exceed either the fourteen (14) hour duty limitation or the ten and one-half (10.5) duty limitation referenced in Paragraph D.1., above. All other modifications to a Pilots schedule must comply with the scheduled fourteen (14) hour or ten and one-half (10.5) hour limitation, as applicable.
12.D.3 Sequences shall be constructed so that if a Pilot is on duty through 0400 LT, the Pilot shall be released for legal rest at the termination of such flight.
12.D.4 If a Pilot is projected prior to Block Out to exceed sixteen (16) hours of actual duty (including time spent in an RDP), he will be released to rest in lieu of operating or Deadheading on the leg that will cause the Pilot to exceed sixteen (16) hours of duty, unless the Pilot agrees to Deadhead.
12.D.5 In accordance with 12.D.2, above, a Pilot who Deadheads on the same segment(s) he was originally scheduled to operate will not be required to exceed the FAR 117 Table B limitations, including the scheduled time for the Deadhead segment(s). In addition, the Deadhead segment(s) will count as a leg for the purpose of calculating the Table B limitations. Example: A Pilot is scheduled to operate three (3) flight segments, and reports at 0700 LDT. The Pilots maximum FDP pursuant to Table B is 13 hours. If the Pilots third segment is changed to a Deadhead, the Pilot remains subject to a thirteen (13) hour Duty Period limitation.
12.D.6 In some cases, due to the integration of crew scheduling systems and other airline software systems, the Electronic Bid System may not accurately reflect the standard minimum ground time at the time of notification. In such a case, the minimum ground time must be projected manually. When manually projecting a Pilots Duty Period for the purposes of Reserve assignment or Reassignment, the Company shall use a minimum of thirty (30) minutes of ground time between all flights and/or scheduled ground transportation not local in nature (i.e. limo) within the Duty Period, unless the Monthly Bid Package reflects a scheduled ground time of less than thirty (30) minutes between the leg(s) being assigned, in which case the scheduled ground time as reflected in the Monthly Bid Package will be used. A Pilot may waive this provision and accept a further reduced ground time at his discretion.
12.E DAYS OFF
12.E.1
12.E.1.a A minimum of twelve (12) Days Off shall be scheduled in every Regular, SDT/CDO, Long Call Reserve Line, FDO Reserve Line, 3x6 Line in a 30-day Monthly Bid Period (except that in a 31-day Monthly Bid Period a 3x6 Line will receive a minimum of thirteen (13) Days Off) and Relief line of flying. A Pilot who has been assigned to Recurrent Training on his Days Off will not receive fewer than the minimum number of Days Off as specified by this Subparagraph.
12.E.1.b Short Call Reserve lines will be built with no more than eighteen (18) RDPs in a 30-day Monthly Bid Period and no more than nineteen (19) RDPs in a 31-day Monthly Bid Period.
12.E.2 A Regular, Relief, and Reserve Lineholder (except for an FDO Reserve) must be scheduled for at least one (1) Day Off during any seven (7) day period, except as provided in Section 11. A Pilot may choose to waive this provision.
12.F REST
12.F.1 No Pilot shall be scheduled to receive less than ten (10) hours of rest at outstations and no less then eleven (11) hours of rest in domicile unless the Association and the Company mutually agree to create an exception to this provision in writing (email is acceptable). Actual rest shall not be less than ten (10) hours. A Pilot may waive this provision in circumstances that would not result in an FAR 117 violation.
12.F.2 No Pilot shall be scheduled to receive less than a thirty-one (31) hour Rest Period in any consecutive one hundred sixty-eight (168) hour period prior to the start of any Flight Duty Period (as defined by FAR 117) or Reserve Duty Period. Actual rest may be less than thirty-one (31) hours but not less than thirty (30) hours.
12.F.3 A Reserve Pilot who is requesting to Add a Sequence in accordance with Section 25.R.6., Section 25.T.7., or 25.X.4., will be eligible to add such Sequence provided he is scheduled to receive at least a thirty-one (31) hour Rest Period in any one hundred sixty-eight (168) hour period taking into account the applicable latest possible release time in accordance with Section 25.T.3. for Short Call Reserve Pilots, and midnight for Long Call Reserve Pilots.
13 LEAVES OF ABSENCE
13.A GENERAL
13.A.1 A Pilot shall provide notice to the Chief Pilots office of his projected start (whenever possible) and return date from a Leave of Absence as far in advance as possible.
13.A.2 A Pilot on a Leave of Absence, other than a Medical Leave of Absence, with a return date after the last projected start date for training shall not be awarded a Vacancy unless the Pilot, prior to the Vacancy or Realignment bid close, modifies the Leave of Absence in accordance with this Section to accommodate a potential training date. A Pilot on a Medical Leave of Absence or who otherwise requires a return to work certification will be awarded a Vacancy only if such certification provides that the Pilot is able to return in advance of the last projected start date for training.
13.A.3 A Pilot on a Leave of Absence shall not be allowed to convert his Leave of Absence to another type of leave without the permission of the Chief Pilots office unless otherwise allowed under the provisions of this Section or federal law.
13.A.4 A Pilot on a Leave of Absence may not perform duties for the Company except by mutual agreement between the Pilot and the Company.
13.A.5 A Pilot with a vacation period during a Leave of Absence shall have the option to be paid for the entire vacation or re-bid the entire vacation from Open Vacation Periods. This applies to all Leaves of Absence, including those that do not otherwise allow pay from vacation.
13.A.6 Unless otherwise specified in this Agreement, a Pilot returning from a Leave of Absence shall return to the Position he held prior to the Leave of Absence. However, if he would have otherwise been subject to a Displacement pursuant to Section 24 had he not been on a Leave of Absence, that Displacement shall be effective immediately upon return.
13.B ASSOCIATION LEAVE OF ABSENCE
13.B.1 Upon written request by the ALPA MEC Chairman to the Vice President of Flight Operations and Company approval, ALPA Representatives on Association business shall be granted an unpaid Association Leave of Absence. If an Association Leave of Absence is granted, the Company and the Association shall agree in writing to the terms of the leave to include, but not be limited to, a scheduled return date, pay during and before requalification if necessary, early return and/or recall from leave, etc.
13.B.2 A Pilot on Association business who is either being paid by the Company (e.g., FOQA, JWPG, etc.) or who is receiving Pay Credit from ALPA for flight pay loss will be treated as an active Pilots in all respects. To the extent possible, once PBS is implemented, ALPA Known Absences will be communicated to the Company at least two (2) Days before the Monthly Bid opens, except that leave that becomes known prior to the close of the monthly bid will also loaded into Navblue as a Known Absence. In addition, A Pilot shall be allowed to drop Sequences in accordance with Sections 25.M.4. and 25.O.3.c. by using the online Drop Form.
13.B.3 The Company will not charge the Association for the first two thousand one hundred (2,100) hours of Pay Credit in any Calendar Year (in addition to the Company-paid leave provided in Section AB.14.). Pay Credit over and above the two thousand one hundred (2,100) hours shall be charged at that individuals Hourly Rate for the Pay Credit dropped or Known Absence Pay Credit applied. In addition, any Pay Credit dropped or Known Absence Pay Credit applied for a Pilot to meet with the Company, or for a Pilot to work on project(s) initiated by the Company, shall not be charged to the Association.
13.B.4 A Pilot who is projected to be on ALPA Leave for the entire Monthly Bid Period will not be eligible to bid for a schedule but will not be considered a No-Bid Pilot as defined by Section 2.AW. If a Pilot on ALPA leave for the entire Monthly Bid Period has a meeting(s) with the Company, or is working on a project(s) initiated by the Company, then the Company will be charged five and one-half (5.5) hours for each Day.
13.B.5 A Pilot who will be on ALPA leave for an entire Monthly Bid Period to work on FOQA, ASAP, or other safety programs designated by the Company will be required to be available to the Company for fifteen (15) Days and receive eighty-two and one-half (82.5) hours of Pay Credit, unless otherwise provided for in the associated LOA. However, such Pilots may also take leave for less than a full Monthly Bid Period and, in that case, will be credited with five and one-half (5.5) credit hours per Day
13.B.6 Other than the MEC Chairman, the MEC Vice Chairman and up to three (3) members of the Negotiating Committee during section 6 negotiations, the Company may limit the number of Pilots on ALPA leave for the entire Monthly Bid Period based on staffing requirements.
13.B.7 The value of an ALPA Day will equal five and one-half (5.5) hours of Pay Credit per Day. A Pilot who is required to travel in conjunction with ALPA duties and requests a travel Day(s) will receive Pay Credits equal to (2.75) for each travel Day taken.
13.B.8 Association Leaves of Absense
13.B.8.a Upon written request by the ALPA MEC Chairman to the Vice President of Flight Operations and Company approval, a Pilot who holds a position at ALPA National shall be granted an unpaid Association Leave of Absence. If an Association Leave of Absence is granted, the Company and the Association shall agree in writing to the terms of the leave to include, but not be limited to, a scheduled return date, pay during and before requalification if necessary, early return and/or recall from leave, etc.
13.B.8.a.i Longevity: shall accrue for the duration of the leave.
13.B.8.a.ii Sick Leave accrual: for the first two (2) years of the leave.
13.B.8.a.iii Sick Leave retention: for the duration of the leave.
13.B.8.a.iv Vacation accrual: only for the first thirty (30) days of the leave.
13.B.8.a.v Vacation retention: for the duration of the leave.
13.B.8.a.vi Group health insurance: if the Pilot wants to continue Group health insurance coverage, the Pilot shall pay the employee and employer contribution to the health insurance plan.
13.B.8.a.vii Pass Benefits: the Pilot retains the same pass benefits as an active Pilot.
13.B.8.a.viii The Pilot does not have the option to be paid from accrued sick leave.
13.B.8.a.ix The Pilot does not have the option to be paid from Accrued Vacation or Earned Vacation.
13.C BEREAVEMENT LEAVE OF ABSENCE
13.C.1 The Company shall grant four (4) consecutive Calendar Days of Bereavement Leave of Absence with pay for the purpose of attending the funeral of a member of the immediate family. Members of the immediate family include the Pilots:
13.C.1.a Domestic partner.
13.C.1.b Grandchildren; and
13.C.1.c Grandparents;
13.C.1.d Sister-in-law/brother-in-law;
13.C.1.e Daughter-in-law/son-in-law;
13.C.1.f Mother-in-law/father-in-law;
13.C.1.g Siblings;
13.C.1.h Children;
13.C.1.i Spouse;
13.C.1.j Stepbrother/stepsister;
13.C.1.k Stepchildren (including stepchildren of a domestic partner);
13.C.1.l Stepparents;
13.C.1.m Mother and father;
13.C.2 At the sole discretion of the Chief Pilot, Bereavement Leave may be extended past four (4) consecutive Calendar Days to a maximum of seven (7) consecutive Calendar Days and/or may be granted in extraordinary circumstances for persons other than the Pilots immediate family.
13.C.3 Longevity: shall accrue for the duration of the leave.
13.C.4 Sick Leave accrual: shall accrue for the duration of the leave.
13.C.5 Sick Leave retention: for the duration of the leave.
13.C.6 Vacation accrual: shall accrue for the duration of the leave.
13.C.7 Vacation retention: for the duration of the leave.
13.C.8 Group health insurance: The Pilot shall pay the employee contribution, and the Company shall pay the employer contribution to the health insurance plan for the duration of the leave.
13.C.9 Pass Benefits: the Pilot retains the same pass benefits as an active Pilot.
13.C.10 The Pilot does not have the option to be paid from accrued sick leave.
13.C.11 If the leave is extended beyond the four (4) consecutive Calendar Days, such additional days shall be unpaid unless the Pilot opts to be paid from Accrued or Earned Vacation.
13.D COMPANY-OFFERED LEAVE OF ABSENCE (COLA)
13.D.1 Unpaid leaves of absence may be offered to Pilots at the discretion of the Company and shall generally be offered in increments of single Monthly Bid Periods. Pilots shall submit their requests for a COLA in writing to Crew Planning prior to the deadline that shall be specified in the COLA bid. These unpaid leaves will be granted in seniority order and shall be posted online no later than the close of the next business day.
13.D.2 A Pilot that is in their Late Grace Month for any training shall be required to attend recurrent training during the leave and shall be paid for such training in accordance with Section 3.
13.D.2.a Longevity: shall accrue for the duration of the leave.
13.D.2.b Sick Leave accrual: for the duration of the leave.
13.D.2.c Sick Leave retention: for the duration of the leave.
13.D.2.d Vacation accrual: for the duration of the leave.
13.D.2.e Vacation retention: for the duration of the leave.
13.D.2.f Group health insurance: the Pilot shall pay the employee contribution and the Company shall pay the employer contribution to the health insurance plan for the duration of the leave.
13.D.3 Pass Benefits: the Pilot retains the same pass benefits as an active Pilot.
13.D.4 The Pilot does not have the option to be paid from accrued sick leave.
13.D.5 The Pilot does not have the option to be paid from Accrued or Earned Vacation.
13.E EMERGENCY LEAVE OF ABSENCE
13.E.1 The Company shall grant an Emergency Leave of Absence in cases of serious emergencies. Examples include, but are not limited to, fires, floods, etc. affecting a Pilots household, or a serious accident or incident involving a Pilots family member. The Company shall retain the authority to limit the number of such leaves granted during a given time period so as to avoid interruption to its operations. The Company shall retain the authority to approve or deny Emergency Leaves of Absence for FAA suspensions.
13.E.2 Emergency Leaves of Absence shall be granted for periods of up to seven (7) consecutive Calendar Days. The Company, at its discretion, may grant longer periods of leave where appropriate.
13.E.3 Longevity: shall accrue for the duration of the leave.
13.E.4 Sick Leave accrual: only for the first thirty (30) days of the leave.
13.E.5 Sick Leave retention: for the duration of the leave.
13.E.6 Vacation accrual: only for the first thirty (30) days of the leave.
13.E.7 Vacation retention: for the duration of the leave, except for any vacation used to pay for the leave.
13.E.8 Group health insurance: the Pilot shall pay the employee contribution and the Company shall pay the employer contribution to the health insurance plan for the duration of the leave.
13.E.9 Pass Benefits: Pilot retains the same pass benefits as an active Pilot.
13.E.10 The Pilot does not have the option to be paid from accrued sick leave.
13.E.11 This leave shall be unpaid unless the Pilot opts to be paid from Accrued or Earned Vacation.
13.F FAMILY AND MEDICAL LEAVE OF ABSENCE (FMLA)
13.F.1 A Pilot may request, and the Company shall grant, a family leave of absence in accordance with the Family and Medical Leave Act of 1993.
13.F.2 Longevity: shall accrue for the duration of the leave.
13.F.3 Sick Leave accrual: only for the portion of the leave that is paid by the Company.
13.F.4 Sick Leave retention: for the duration of the leave.
13.F.5 Vacation accrual: only for the portion of the leave that is paid by the Company.
13.F.6 Vacation retention: for the duration of the leave.
13.F.7 Group health insurance: the Pilot shall pay the employee contribution and the Company shall pay the employer contribution to the health insurance plan for the duration of the leave.
13.F.8 Pass Benefits: Pilot retains the same pass benefits as an active Pilot.
13.F.9 The Pilot has the option to be paid from accrued sick leave.
13.F.10 The Pilot has the option to be paid from Accrued or Earned Vacation.
13.F.11 Return to work:
13.F.11.a Prior to returning to work from FMLA for a Pilots own illness or injury, the Company may require a Pilot to first present a reasonably sufficient report from the Pilots healthcare provider certifying the Pilots fitness to return to work.
13.F.11.b For monthly bid purposes, a Pilot shall be eligible to bid in accordance with Section 25.F. In order to determine eligibility to bid after a Family Medical Leave for the purpose of the Pilot’s own illness or injury, the Company may require a doctors’s certification from the Pilot’s healthcare provider certifying the Pilot’s probable return to work date.
13.G JURY DUTY/WITNESS LEAVE OF ABSENCE
13.G.1 Pilots shall be paid in accordance with Section 3 for any assignments dropped when required to sit on jury duty or when required to serve as a witness in specific cases listed below. The Pilot will remit to the Company any compensation received for the jury duty.
13.G.2 Witness duty shall be pay protected when appearance is at the request of the Company or when such appearance, in response to a subpoena, is directly related to Company business or as a witness in litigation brought by the federal, state, or local government, provided such litigation is not brought by or on behalf of the Pilot.
13.G.3 The Pilot shall be removed from the least amount of flying possible in order for the Pilot to actually serve on a jury or as a witness in accordance with this Section. If a Pilot is given a notice regarding multiple-day jury or witness duty, the Pilot shall notify Crew Scheduling if he is released from jury/witness duty earlier than expected and shall return to work in accordance with Section 14.D. However, the Pilot shall be pay credited for the greater of the Pay Credit dropped or the Pay Credit earned.
13.G.4 Longevity: shall accrue for the duration of the leave.
13.G.5 Sick Leave accrual: for the duration of the leave.
13.G.6 Sick Leave retention: for the duration of the leave.
13.G.7 Vacation accrual: for the duration of the leave.
13.G.8 Vacation retention: for the duration of the leave.
13.G.9 Group health insurance: the Pilot shall pay the employee contribution and the Company shall pay the employer contribution to the health insurance plan for the duration of the leave.
13.G.10 Pass Benefits: Pilot retains the same pass benefits as an active Pilot.
13.G.11 The Pilot does not have the option to be paid from accrued sick leave.
13.G.12 The Pilot does not have the option to be paid from Accrued or Earned Vacation.
13.H MATERNITY LEAVE OF ABSENCE
13.H.1 A Pilot will notify her Chief Pilot that she is pregnant when she enters her thirteenth (13th) week of pregnancy or within two (2) weeks of learning of her pregnancy, whichever occurs later, and will also advise the Chief Pilot of the expected due date.
13.H.2 Upon determination by a pregnant Pilots physician that she is no longer able to fly, the Pilot will request a Medical Leave of Absence, which will run concurrently with FMLA, if FMLA is available.
13.H.3 Maternity Leave shall be granted until the pregnancy ends, and thereafter for a period not to exceed one hundred eighty (180) days after the duration of the pregnancy. This may be extended by the Company for extraordinary circumstances.
13.H.4 Maternity Leave shall be used concurrently with FMLA.
13.H.5 Longevity: shall accrue for the duration of the leave.
13.H.6 Sick Leave accrual: only for the portion of the leave that is paid by the Company.
13.H.7 Sick Leave retention: for the duration of the leave.
13.H.8 Vacation accrual: only for the portion of the leave that is paid by the Company.
13.H.9 Vacation retention: for the duration of the leave.
13.H.10 Group health insurance: for the portion of the leave that is paid, if any, the Pilot shall pay the employee contribution, and the Company shall pay the employer contribution to the health insurance plan. Thereafter, the Pilot may continue coverage by paying both the employee and employer contribution.
13.H.11 Pass Benefits: Pilot retains the same pass benefits as an active Pilot.
13.H.12 The Pilot has the option to be paid from accrued sick leave.
13.H.13 The Pilot has the option to be paid from Accrued or Earned Vacation.
13.H.14 Return to work:
13.H.14.a When a Pilot is no longer pregnant, she shall notify the Chief Pilots office, in writing, within fourteen (14) days. This written notification shall include her expected date of return to work. If a Pilot is unable to return to Active Service within one hundred eighty (180) days after the pregnancy ends because of a certified medical incapacitation, she shall be entitled to receive a Medical Leave of Absence under the provisions of this Section
13.H.14.b For monthly bid purposes, a Pilot shall be eligible to bid in accordance with Section 25.
13.H.14.c When a Pilot returns from a Maternity Leave and requires training, the Pilot shall be paid in accordance with the following:
13.H.14.c.i Starting with the day the Pilot begins training, she shall be paid in accordance with Section 3.
13.H.14.c.ii If the Pilot does not begin training within forty-five (45) days of her return from leave, beginning on the forty-sixth (46th) day, the Pilot shall be paid an amount equal to seventy-five (75) Pay Credits per month at the Pilots rate. This amount shall be prorated per day based on a thirty (30) day month.
13.H.15 The Company will comply with all federal and state laws regarding parental leave and/or any related requests for accommodation.
13.I MEDICAL LEAVE OF ABSENCE
13.I.1 A Pilot who is unable to fly due to illness or injury and does not qualify for FMLA (or has exhausted FMLA) shall be granted a Medical Leave of Absence by the Company.
13.I.2 The Company may require a Pilot who requests a Medical Leave of Absence to first present a reasonably sufficient report from the Pilots healthcare provider certifying the Pilots need for Medical Leave.
13.I.3 A Medical Leave of Absence shall not exceed a total continuous period of ten (10) years. Upon the expiration of the ten (10) years, the Pilot shall be removed from the Seniority List.
13.I.4 Longevity: shall accrue for the duration of the leave.
13.I.5 Sick Leave accrual: only for the portion of the leave that is paid by the Company.
13.I.6 Sick Leave retention: for the duration of the leave.
13.I.7 Vacation accrual: only for the portion of the leave that is paid by the Company.
13.I.8 Vacation retention: for the duration of the leave.
13.I.9 Group health insurance: for the portion of the leave that is paid from the Pilots sick and/or vacation bank, if any, the Pilot shall pay the employee contribution, and the Company shall pay the employer contribution to the health insurance plan. Thereafter, the Pilot may continue coverage by paying both the employee and employer contribution.
13.I.10 Pass Benefits: the Pilot retains the same pass benefits as an active Pilot.
13.I.11 The Pilot must use any accrued sick leave to bridge the waiting period until the start of his Long-Term Disability benefit.
13.I.12 The Pilot has the option to be paid from Accrued or Earned Vacation.
13.I.13 Prior to returning to work from a Medical Leave of Absence, the Company may require a Pilot to first present a reasonably sufficient report from the Pilots health care provider certifying the Pilots fitness to return to work.
13.I.14 A Pilot on a Medical Leave of Absence may, at the Companys option, be employed by the Company in a capacity other than as a Pilot. In his capacity other than as a Pilot, he shall not be covered by the terms of this Agreement and shall be subject to the terms of employment for that other position.
13.I.15 Return to work:
13.I.15.a For monthly bid purposes, a Pilot shall be eligible to bid in accordance with Section 25.F. In order to determine eligibility to bid after a Medical Leave for the Purpose of the Pilot’s own illness or injury, the Company may require a doctor’s certification from the Pilot’s healthcare provider certifying the Pilot’s probable return to work.
13.I.15.b When a Pilot returns from a Medical Leave and requires training, the Pilot shall be paid in accordance with the following:
13.I.15.b.i Starting with the day the Pilot begins training, he shall be paid in accordance with Sections 3.N. and 4.A.
13.I.15.b.ii If the Pilot does not begin training within forty-five (45) days of his return from leave, beginning on the forty-sixth (46th) day, the Pilot shall be paid an amount equal to seventy-five (75) Pay Credits per month at the Pilots rate. This amount shall be prorated per day based on a thirty (30) day month.
13.J MILITARY LEAVE OF ABSENCE
13.J.1 The Company shall provide leaves for military service in accordance with applicable law.
13.J.2 A Pilot shall be granted Military Leave without pay. The Pilot shall notify the Company of the date(s) of the anticipated leave as soon as known to the Pilot. Whenever possible, such notice shall be in writing to the Chief Pilots office and shall include a copy of the relevant military orders directing the military duty. In the event of a verbal request, the individual Reserve/Guard member shall bear the responsibility for any confusion.
13.J.3 Longevity: shall accrue for the duration of the leave.
13.J.4 Sick Leave accrual: only for the first twelve (12) weeks of leave.
13.J.5 Sick Leave retention: for the duration of the leave.
13.J.6 Vacation accrual: only for the first twelve (12) weeks of leave.
13.J.7 Vacation retention: for the duration of the leave.
13.J.8 Group health insurance: for the first six (6) months of leave the Pilot shall pay the employee contribution, and the Company shall pay the employer contribution to the health insurance plan. Thereafter, the Pilot may continue coverage by paying both the employee and employer contribution.
13.J.9 Pass Benefits: Pilot retains the same pass benefits as an active Pilot.
13.J.10 A Pilot on Military Leave may use Accrued or Earned Vacation for pay in accordance with the following formula rounded to the nearest whole day: 7/5 x Scheduled work days taken for Military Leave = vacation charged. For example: A Pilot on Military Leave for five (5) scheduled workdays may, at their option, be charged seven (7) vacation days for pay.
13.J.11 The Pilot does not have the option to be paid from accrued sick leave.
13.J.12 Return to work and eligibility for Vacancies or Displacements that occurred during the leave shall be subject to federal law.
13.K PERSONAL LEAVE OF ABSENCE
13.K.1 A Pilot, upon written consent of the Chief Pilot, may be granted an unpaid Personal Leave of Absence. If a Personal Leave of Absence is granted, the Company and the Pilot shall agree in writing to the terms of the leave to include, but not be limited to, a scheduled return date, pay during and before requalification if necessary, early return and/or recall from leave, etc. A Pilot on a Personal Leave of Absence shall be allowed to modify the leave to take advantage of the provisions of Paragraph A.2., above.
13.K.2 Longevity: shall accrue for the duration of the leave.
13.K.3 Sick Leave accrual: only for the first thirty (30) days of the leave.
13.K.4 Sick Leave retention: for the duration of the leave.
13.K.5 Vacation accrual: only for the first thirty (30) days of the leave.
13.K.6 Vacation retention: for the duration of the leave.
13.K.7 Group health insurance: if the Pilot wants to continue Group health insurance coverage, the Pilot shall pay the employee and employer contribution to the health insurance plan.
13.K.8 Pass Benefits: with Chief Pilot approval.
13.K.9 The Pilot does not have the option to be paid from accrued sick leave.
13.K.10 The Pilot does not have the option to be paid from Accrued or Earned Vacation.
13.L VOLUNTARY LONG-TERM LEAVE OF ABSENCE (VLOA)
13.L.1 Unpaid VLOAs may be offered by the Company to active Pilots with the goal of reducing necessary furloughs.
13.L.2 The length of the VLOA, number of VLOAs to be awarded in each Position, and minimum longevity to be eligible for the VLOA shall be determined by the Company.
13.L.3 VLOA Posting
13.L.3.a VLOAs shall be posted electronically and sent to the ALPA MEC Chairman not less than ten (10) days prior to closing.
13.L.3.b The Company will specify the method(s) that Pilots may use to submit a bid to be considered for an offered VLOA in each specific VLOA bid posting.
13.L.4 VLOA Closing
13.L.4.a VLOAs shall be awarded by Position in seniority order.
13.L.4.b The results of each VLOA award shall be posted electronically no later than twenty-four (24) hours after the VLOA bid closes.
13.L.4.c Once awarded, the Pilot may not withdraw from the VLOA unless the number of Pilots who bid for a particular VLOA is greater than the number of VLOAs offered and one of the Pilots who was not originally awarded a particular VLOA accepts the VLOA in place of the original awardee, and does so prior to the date on which the expected bid list is generated for the following Monthly Bid Period.
13.L.5 Protest PeriodA Pilot shall have seventy-two (72) hours from the close of the VLOA bid to protest the VLOA bid award.
13.L.6 Benefits During VLOA
13.L.6.a Longevity: shall accrue for the duration of the leave.
13.L.6.b Sick Leave accrual: does not accrue.
13.L.6.c Sick Leave retention: for the duration of the leave.
13.L.6.d Vacation accrual: does not accrue.
13.L.6.e Vacation retention: for the duration of the leave.
13.L.6.f Group health insurance (limited to medical, dental, and vision): for the first six (6) months of VLOA, the Pilot shall pay the employee contribution (in the same amount paid by an active employee with the same coverage) and the Company shall pay the employer contribution to the health insurance plan. Thereafter, for up to a maximum additional period of 18 months, the Pilot may elect to continue coverage by paying both the employee and employer contribution. In order for the Pilot to receive group health insurance coverage on a VLOA, the Company may require automatic deduction from the employees bank account of the employees applicable payment amount(s) and payment of a reasonable administrative fee, not to exceed $10.00, required for the Company to establish and maintain the automatic account deduction.
13.L.6.g Pass Benefits remain in place, except that pass privileges on other airlines (OAL) will be subject to any restrictions applicable to inactive employees under the respective reciprocal agreements between Frontier and OAL.
13.L.6.h The Pilot does not have the option to be paid from accrued sick leave.
13.L.6.i The Pilot does not have the option to be paid from Accrued or Earned Vacation.
13.L.7 VLOA Period
13.L.7.a Offered VLOAs shall specify an initial duration for the VLOA (VLOA Period) (e.g., one (1) year, eighteen (18) months, five (5) years, etc.).
13.L.7.b During the awarded VLOA Period:
13.L.7.b.i The Pilot may return from the VLOA when the Company posts a Vacancy or Realignment Notice that includes more vacancies than reductions.
13.L.7.b.ii The Pilot may not be forced to return from the VLOA prior to the expiration of the VLOA period.
13.L.7.c After the specified VLOA Period:
13.L.7.c.i The Pilot may return from the VLOA when the Company posts a Vacancy or Realignment Notice that includes more vacancies than reductions.
13.L.7.c.ii The Company may require a Pilot to return from the VLOA as further specified in Paragraph L.8., below, or the Pilot may resign; and
13.L.7.c.iii The VLOA Period will be extended automatically for a period of six (6) months if at the time the VLOA Period expires the Company cannot provide the Pilot with a date-certain for the Pilots return from VLOA. During a VLOA Period extension the Pilot may not be required to return from the VLOA.
13.L.8 Return from VLOA
13.L.8.a The Pilots ability to return from a VLOA, during or after the VLOA Period, is subject to the Companys staffing needs.
13.L.8.b Voluntary return from VLOA:
13.L.8.b.i Vacancies shall be awarded in accordance with Section 24.
13.L.8.b.ii In order to return from VLOA (whether during or after the VLOA Period), a Pilot will advise the Chief Pilot of his intention to return and he will update his Master Bid Form.
13.L.8.c Required Return from VLOA:After all Pilots have been recalled from furlough in accordance with Section 23, the Company may recall Pilots from any VLOA whose VLOA Period (or an extension of the VLOA Period as specified in Paragraph L.7.c.iii., above) has expired. Pilots shall be involuntarily recalled from VLOA (after voluntary recall through the Section 24 Vacancy award process has been completed) in inverse order of seniority. A recall notice shall be sent via certified mail to their last known address and to the Association. The Company must receive, within ten (10) business days of the recall notice date, the Pilot’s written notice of intent to return to Active Service. The Company may extend the period of time for a return to Active Service. A notified Pilot must return to Active Service on the date indicated by the Company or be removed from the Seniority List.
13.L.9 Pilots on VLOA shall be converted to furlough status if subject to furlough in accordance with Section 23.
13.L.10 A Pilot on a VLOA is responsible for:
13.L.10.a Providing the Company and the Association with current contact information; and
13.L.10.b Monitoring online Section 24 postings in order to be able to submit a Master Bid for vacancies.
14 SICK LEAVE
14.A GENERAL
14.A.1 Sick leave is a form of insurance that accrues in an account to protect the Pilot and his income in the event of an unexpected non-work-related illness, injury, accident or prolonged medical condition that prevents him from working.See Appendix for details of grievance settlement
14.A.1.a Sick leave may not be used for planned doctor, dentist, or preventative care appointments. However, sick leave may be used for an initial doctor or dentist appointment that is the result of an unexpected illness or injury. Scheduled follow-up visits may not be covered with sick leave.
14.A.1.b Sick leave may be used to care for an immediate family member, including:
14.A.2 The Company shall be responsible for maintaining an accurate record of sick leave credit and payments. If a Pilot has a reasonable belief that the Company’s sick leave credit bank and sick leave payments for the Pilot are inaccurate, and that belief is supported by documentation, upon written request to Pilot payroll, the Company shall audit the Pilot’s sick leave credit bank and payments. The Pilot shall supply the Company with all documentation supporting the audit request at the time of the written request. The Company will provide its findings in an itemized accounting to the Pilot within forty-five (45) days or as soon as practical. The accounting shall indicate the specific dates upon which sick leave was credited to and/or paid from the Pilot’s sick bank.
14.A.3 A Pilots paycheck shall reflect an accurate updated accounting of sick leave. However, due to limitations in the current payroll system, sick leave balances on the pay stub issued on the 5th of the month may not accurately show sick makeup days. A Pilot shall remain able to view an accurate updated accounting of sick leave in Ultipro or a successor system.
14.A.4 Nothing in this Agreement shall prevent the Company, at its discretion, from granting additional sick leave or assistance to any Pilot on an individual basis. This additional sick leave shall not constitute a precedent requiring sick leave or assistance in any other case.
14.B SICK LEAVE ACCRUAL/CREDIT
14.B.1 A Pilot shall accrue sick leave at the rate of one (1) day for each month of employment except as otherwise defined in Section 13.
14.B.2 Sick leave shall be accrued and retained while on a Leave of Absence in accordance with Section 13.
14.B.3 A Pilots sick leave bank shall not exceed one hundred twenty (120) days of sick leave.
14.B.4 A Pilot may replenish their sick leave bank by picking up Open Time or time from the Premium Add Folder.
14.B.4.a If a Pilot wishes to replenish their sick leave bank, they must do so within the next two (2) full Monthly Bid Periods of using such sick leave.
14.B.4.b A Pilot may not accrue extra or additional sick leave by picking up Open Time.
14.B.4.c When the Pilot picks up Open Time to replenish their bank, they must specify to Pilot payroll (via email to
[email protected]
or other mutually agreeable electronic means) the date(s) they were sick by the end of the Monthly Bid Period in which the Pilot added Pay Credit from either Open Time or the Premium Add Folder. If a Pilot is adding more than one (1) Sequence to make up the credit associated with a sick day, the Pilot must Add the Sequences in the same Monthly Bid Period.
14.B.4.d Sick days must be flown back on a one-for-one credit hour basis. For purposes of this Paragraph, a Reserve Pilot who wishes to replenish his sick bank for a sick call that occurred on a Reserve Day must credit four (4) hours for each sick day used.
14.B.4.e When a Pilot replenishes their sick bank by adding Pay Credit, any Pay Credit in excess of the value of the Duty Period for which the Pilot called in sick will be added to the Pilots monthly credit hours.
14.B.4.f If Trip Rig is lost by a Pilot returning to work, he shall only be required to fly back the equivalent Pay Credit applied to his sick Days.Example 1: A Pilot calls in sick for a 2-day, 2-Duty Period Sequence (with no trip rig) that totals 12 credit hours. The Pilot’s sick bank is reduced by 2 sick days. If the Pilot wants to fly back those 2 days, the Pilot must pick up 12 credit hours of Open Time or time from the Premium Add Folder.Example 2: A Pilot calls in sick for a 4-day, 3-Duty Period Sequence (with no trip rig) worth 15 credit hours (with 5 hours of credit for each Duty Period). The Pilot’s sick bank is reduced by 3 sick days. If the Pilot wants to fly back one of the 3 days, the Pilot must pick up 5 credit hours of Open Time or time from the Premium Add Folder.Example 3: A Pilot calls in sick for a 1-day, 1-Duty Period Sequence (with no trip rig) worth 6 credit hours. The Pilot’s sick bank is reduced by 1 sick day. If the Pilot wants to fly back that 1 day, the Pilot must pick up 6 credit hours of Open Time or time from the Premium Add Folder. If the Pilot picks up a 1-day trip worth 8 credit hours, the Pilot’s sick bank will be restored by 1 day, and the Pilot will receive the additional 2 credit hours as Pay Credit. If the Pilot has credited over 82 hours for the month, the additional 2 hours would be included in the Pilot’s Monthly Credit Override Pay calculation for the month.Example 4: A Pilot calls in sick for a 4-day, 3-Duty Period Sequence worth 18 credit hours based on the trip rig. The Pilot’s sick bank is reduced by 3 sick days. If the Pilot wants to fly back 1 of the 3 days, the Pilot must pick up 6 hours of Open Time or time from the Premium Add Folder (18 hours divided by 3 duty periods).
14.B.4.g A Pilot shall be charged for one (1) day of sick leave for each scheduled Duty Period missed. A scheduled Duty Period that is split by a sick call shall be charged in half day increments.
14.B.4.h A Pilot may elect to use Accrued Vacation when their sick leave bank is exhausted.
14.B.4.i A Pilot shall use accrued sick leave then Accrued Vacation before going on a Medical Leave of Absence.
14.B.4.j A Pilot projected to be on extended sick leave for an entire Monthly Bid Period shall be charged fifteen (15) sick days for that Monthly Bid Period and shall not bid.
14.B.4.k A Pilot scheduled for vacation while they are on sick leave for an entire Monthly Bid Period shall be allowed to bid for another available vacation period, or be charged sick days in accordance with the following formula rounded to the nearest whole number:15 - (5/7 x Scheduled vacation days in that Monthly Bid Period) = Sick days chargedExample: A Pilot with 4 vacation days scheduled in a Monthly Bid Period shall be charged 12 days of sick leave when the Pilot is sick for that entire Monthly Bid Period. 15 - (5/7 x 4) = 12.
14.C NOTIFICATION
14.C.1 A Pilot must advise Crew Scheduling as soon as they are aware of an injury or illness that would make them unable to perform flight duties to allow the Company to contact another Pilot. If a Reserve Pilot waits until called out for a Reserve assignment to notify Crew Scheduling of such illness or injury, that Pilot may be called in for disciplinary counseling.
14.C.2 A Pilot on extended sick leave (greater than one (1) week) shall contact the Chief Pilots office to advise them of the expected duration of sick leave.
14.D RETURN TO WORK
14.D.1 A Pilot calling in for sick leave shall notify Crew Scheduling. Unless otherwise specified by the Pilot as provided for in Paragraph D.2., below, the Pilot will be expected to report for his next scheduled/awarded assignment or Sequence.
14.D.2 A Pilot may specify a leg that passes through his Domicile (unless otherwise mutually agreed between Crew Scheduling and the Pilot) to rejoin his Sequence. A Pilot may only exercise this option once per Sequence.
14.D.3 When available to return to work, a Pilot holding a line of time (other than a Reserve Line) shall be returned to work in accordance with the following priority order:
14.D.3.a If the Pilots originally assigned Sequence was assigned to a Reserve Pilot and it passes through the Pilots Domicile on the Day he intends to return to work, the Pilot shall resume their originally assigned Sequence the next time it passes through the Pilots Domicile; or
14.D.3.b If a Pilot is unable to return to work in accordance with Paragraph 14.D.3.a. above, he may pick up Open Time as provided for in Section 25.O. or time from the Premium Add Folder, via the Electronic Bid System. The Pilot shall be Pay Credited for the Open Time or Premium Add Folder time instead of the originally assigned Sequence; or
14.D.3.c If there is no Open Time or time in the Premium Add Folder available, a Pilot shall be assigned to an RDP that most closely matches the end of the original scheduled Duty Period (or other RDP by mutual agreement between Crew Scheduling and the Pilot) for the scheduled workday. The Pilot shall be Pay Credited for the greater of four (4) hours per RDP or the credit value of any assigned Sequence.
14.D.4 The Company retains the right to request that a Pilot who is absent due to illness or injury furnish the Company with a physicians certificate, describing the medical condition that resulted in the Pilots absence. This request shall only be made when there is a reasonable basis to question the Pilots absence.
15 PHYSICAL STANDARDS, EXAMINATIONS, AND TESTING
15.A The medical standards required of a Pilot shall be the standards established by the FAA, including its waiver and special issuance policies and statement of demonstrated ability.
15.B If between regularly required FAA physical examinations the Company has reasonable cause to believe that a Pilot does not meet the above standards, or is unable to perform his or her duties, the Company may require a Pilot to submit to an additional medical examination from a medical doctor the Company chooses; provided that, it provides written notice to the Pilot specifying the basis for such reasonable cause. If such additional exam is required, the Pilot will:
15.B.1 Receive a copy of the examination report, all tests, x-rays, imaging, other documentation, and all other information relied upon by the examining medical doctor;
15.B.2 Be reimbursed for all costs and expenses related to the additional medical exam including the cost of the exam, tests, imaging, and travel and hotel accommodations, if necessary; and
15.B.3 If air transportation is required to attend the exam, be provided positive space passes to and from the location of the examination.
15.C A Pilot may be held out of service until the results of the Company’s medical examination are known and will be pay protected for the value of his line for the remainder of the Monthly Bid Period and/or, if held out of service for a full Monthly Bid Period, receive the Monthly Pay Guarantee.
15.D A Pilot who fails to pass the Company-required examination may have a review of the case in the following manner:
15.D.1 The Pilot may employ a qualified medical examiner of his own choosing and at his own expense for the purpose of conducting a physical examination and/or tests for the same purpose as the medical exam required by the Company.
15.D.2 A copy of the findings of the Pilot’s medical examiner shall be furnished to the Company. In the event that such findings confirm the findings of the Company medical examiner, the pay, benefits (use of sick leave and disability, for example) and disposition of the Pilot will be governed by other provisions of this Agreement. No further medical review shall be afforded under this Agreement.
15.D.3 If the Companys medical examiner and the Pilots medical examiner disagree on the Pilots qualification to meet the standards established by the FAA, at the written request of the Pilot, the Company will ask the two medical examiners to agree upon and appoint a third qualified and neutral medical examiner, preferably a specialist, for the purpose of conducting a further physical examination of the Pilot.
15.D.4 The three (3) medical examiners shall constitute a board of three (3) and a majority opinion of the board shall be sufficient to decide whether the Pilot meets the medical standards required by the FAA.
15.D.5 The expense of employing the disinterested medical examiner shall be borne one-half by the Pilot and one-half by the Company. Copies of such medical examiner’s report shall be furnished to the Company and to the Pilot.
15.D.6 If the board finds that the Pilot meets the medical standards required by the FAA, the Pilot will be returned to active flight status and may use their seniority to return to any Position that he or she could hold. The Pilot will be made whole for pay and benefits lost by being paid retroactively, and any sick leave used due to the failure to pass the Company-required medical examination will be restored by crediting it back to the Pilots sick leave bank.
15.D.7 Medical records and other information obtained as a result of a Company‑required medical examination, or subsequent examinations pursuant to the process referred to above, shall be treated as privileged and confidential, and limited to the medical examiners involved in this process. No information, documents, or records shall be disseminated to any other individual, agency, or entity without the written consent of the Pilot. When required by court order or other legal requirement to release information, the Pilot shall be notified of such request or demand.
15.E In the event a Pilot is unable to hold a first class medical certificate but is able to hold a second-class medical certificate and has returned from a leave of absence related to the medical condition, the Pilot may return to work and serve as a First Officer if permitted by both FAA regulations and the FOM.
16 WORKERS COMPENSATION
16.A A Pilot who has submitted a Workers Compensation claim that has been deemed eligible for compensation shall not be paid less than the amount prescribed by the applicable Workers Compensation regulations, beginning with the date of the occupational-related illness or injury and continuing for the period prescribed by the applicable Workers Compensation regulations.
16.B For the entire period during which a Pilot is eligible for Workers’ Compensation benefits in accordance with Paragraph A., above, the following shall apply:
16.B.1 The Pilot shall continue to hold his Position in accordance with Section 24 and the Master Bid on file at the time of the occupational-related illness or injury, without regard to their inability to perform duty in such Position.
16.B.1.a The Pilots Master Bid at the start of the occupational illness or injury shall be controlling for the period of time that the Pilot is entitled to Workers Compensation pay. The Pilots pay shall be based on the Position the Pilot would have held had the Pilot not suffered an occupational illness or injury.
16.B.1.b A Pilot who provides fourteen (14) days’ notice of their availability to return to work will be placed in the next available training class, if training is necessary, following the date of the notice and shall be placed on active pay status no later than forty-five (45) days from the date of the notice of return, regardless of whether the Pilot has commenced training (provided the Pilot maintains communication with and timely responds to the Company following the notice of the Pilot’s intent to return to work). If no training is necessary, the Pilot will be placed on active pay status no later than the 15th day following the notice of return.
16.B.2 For all purposes under this Agreement, a Pilot receiving Workers Compensation benefits shall be considered to be in Active Service.
16.C When the Pilot is able to return to work as a Pilot, the Pilot shall be paid at the rate they would have been paid had an occupational illness or injury not occurred.
16.D A Pilot may use any of their accrued sick leave and/or vacation to supplement Workers Compensation benefits up to the equivalent of their Monthly Pay Guarantee.
16.E A Pilot with a vacation period awarded during the period the Pilot is on Workers Compensation shall have the option to be paid for the entire vacation or re-bid the entire vacation from open vacation periods.
16.F The Company may require a Pilot to perform modified duty, as defined by state law, while not able to work as a Pilot. While on modified duty, the Pilot shall be paid the Monthly Pay Guarantee he would have been paid had he not suffered an occupational illness or injury.
17 MISSING, INTERNMENT, PRISONER OF WAR, HOSTAGE, OR HIJACKING BENEFITS
17.A Any Pilot who, while performing duties for the Company, is missing, interned, captured, or held as a prisoner or hostage (Captivity) shall have all compensation and benefits continued without interruption to his dependents for the period of time defined in Paragraph C. of this Section.
17.B Any Pilot subject to Captivity shall continue to accrue seniority and Longevity.
17.C A Pilot shall be eligible for the benefits specified in this Section without interruption for a maximum period of eighteen (18) months. The benefits specified in this Section shall be terminated at the earlier of the time the Pilot is released (if hostage, prisoner of war, or hijacked) or the time when proof of death is established. After proof of death is established, the Company shall pay, or cause to be paid, any benefits as provided for in this Agreement.
17.D For the entire period during which a Pilot is eligible for the benefits specified in this Section, the following shall apply:
17.D.1 The Pilot shall continue to hold his Position in accordance with Section 24 and the Master Bid on file at the time of the Captivity.
17.D.2 For purposes of pay under this Section, the Pilot's Master Bid at the time of the Captivity shall be controlling for the period of time that the Pilot is entitled to benefits under this Section. This pay shall be based on the Position the Pilot would have held had the Pilot not been subject to the Captivity.
17.D.3 When the Pilot is able to return to work as a Pilot, he shall be placed in the next available training class necessary to qualify for the Position the Pilot would have been awarded without the Captivity.
17.E When the Pilot is able to return to work, he shall be paid at the rate he would have been paid had he not suffered the Captivity.
17.F Compensation allowable under this Section shall be disbursed by the Company as follows:
17.F.1 In the event that the Pilot does not complete written directions in accordance with this Section, any payments due to the Pilot under this Section shall be held by the Company in an interest-bearing account for the benefit of the Pilot at a savings institution of the Company's choice. If the Pilot is confirmed deceased, this account shall be paid to the legal representatives of the Pilot's estate.
17.F.2 In the event that the Pilot completes written directions, the payments shall be made in accordance with those directions. Such directions shall be given to the Company using the following form, or in a form substantially similar to the following:
18 UNIFORMS
18.A All Pilots are required to wear the Company-approved uniform while on duty. While Deadheading, Pilots may wear the approved uniform or other attire consistent with the Companys non-rev travel policies. The uniform must be clean and neat at all times. The Pilot shall purchase at least one (1) tie, one (1) uniform jacket, one (1) pair of epaulets, two (2) pair of trousers, four (4) shirts, and the Pilot may, at the Pilots option, purchase a uniform hat. If purchased from the Company, the uniforms shall be at cost. The Company shall provide the necessary insignia to each Pilot. The Company shall offer to the Pilot a payroll deduction plan at a minimum of twenty dollars ($20.00) per pay period (up to a maximum due amount of one thousand dollars ($1,000.00)) to assist the Pilot in the purchase of the uniform. Any balance owed to the Company from any purchases made on a payroll deduction basis shall be deducted from an employees final paycheck upon termination of employment.
18.B The Company shall pay each Pilot a uniform maintenance fee of twenty dollars ($20.00) per pay period to be used for care and replacement of the uniform.
18.C In the event a change is made to the uniform by the Company, the Company shall bear the initial cost of the uniform. Should the uniform change require a complete uniform, the Company shall provide to the Pilot the following: one (1) uniform jacket, one (1) hat, one (1) tie, one (1) pair of epaulets, two (2) pair of trousers, and four (4) shirts. Replacement of individual uniform items shall be the responsibility of the Pilot. Appropriate uniform shoes and socks shall be the responsibility of the Pilot.
19 INVESTIGATION AND DISCIPLINE
19.A GENERAL
19.A.1 Probationary PilotsThe only provision of Section 19 applicable to Probationary Pilots is Paragraph C., below.
19.A.2 Association RepresentationThe Pilot shall be entitled to have an Association Representative present at any time a Pilot meets with a member of management where there exists the potential that such meeting may result in disciplinary action.
19.A.3 Delivery and Time Limit Compliance Dates for Notices and Decisions
19.A.3.a Delivery Methods. Notices or decisions required in this Section shall be delivered by:
19.A.3.a.i A traceable means with the U.S. Postal Service or a nationally recognized overnight delivery service (with a delivery option at least equal to standard U.S. Postal Service time) such as FedEx or UPS; or
19.A.3.a.ii Actual physical delivery with a written receipt for the delivery. Physical deliveries to the Association shall be signed for by the MEC Chairman or by an Association employee. Physical deliveries to the Company shall be signed for by the Vice President Flight Operations, a Director in Flight Operations, or a Labor Relations representative; or
19.A.3.a.iii Electronic mail with read receipt.
19.A.3.b Time Limit Compliance If a notice or decision required in this Section is mailed (postmarked) or delivered to a nationally recognized overnight delivery service (receipt indicating when delivered to the carrier) or physically delivered (signed receipt) within the time limits established in this Section, the notice or decision time limit shall be considered met
19.A.3.c Time Limit ComplianceAny time requirement or deadline described in this Section may be extended by mutual consent of the Company and the Association.
19.A.4 Withholding a Pilot from ServiceThe Company may withhold a Pilot from service to the Company during any phase of investigation or discipline. The Pilot shall continue to receive all pay and benefits until the completion of the Company disciplinary hearing and subsequent decision by the Vice President of Flight Operations (or his designee) as described in this Section.
19.A.5 Exoneration of a PilotIf at any time before, during, or after any disciplinary proceeding or investigation (to include the System Board of Adjustment or any arbitration) a Pilot is exonerated, the Pilot shall be reinstated without any loss of seniority or Longevity. The Pilot shall also be reimbursed for any lost pay (lost Pay Credit or for Monthly Pay Guarantee if the Pilot was not allowed to bid) and health and welfare benefits. Any and all records and/or references to the disciplinary proceeding and/or investigation shall be promptly removed from the Pilot’s file.
19.A.6 Recording DevicesNo recording devices or stenographic machines shall be used in any proceeding, meeting, phone conversation, interaction, etc. by any party without the knowledge of all parties involved.
19.A.7 Investigation, Hearing, and Just CauseA Pilot shall not be disciplined, suspended and/or terminated from the Company without a prompt, fair, and impartial investigation and hearing(s) as described in this Section. No Pilot shall be disciplined or discharged without just cause.
19.B TIME LIMITS FOR COMPANY TO INITIATE DISCIPLINARY PROCEDURES
19.B.1 No Pilot will be subject to the commencement of discipline relating to any incident, violation, or occurrence unless the Company initiates the discipline process by giving notice of a hearing as prescribed in this Section:
19.B.1.a Within twelve (12) months of the incident or occurrence giving rise to the discipline; or
19.B.1.b Within three (3) years for serious offenses including cases of workplace violence, harassment as prohibited by state or federal law, fraud that results in substantial loss to the Company, or serious and intentional safety or security violations.
19.B.2 The Company shall have twenty-eight (28) days from the time the Company reasonably would have known about an incident, violation, or occurrence to take one of the following actions:
19.B.2.a Take no action against the Pilot with respect to the incident or violation;
19.B.2.b Counsel the Pilot verbally without maintaining a written record of such counseling; or
19.B.2.c Counsel the Pilot verbally or in writing and maintain a written record of such counseling in the Pilots file (recordkeeping procedures described below shall be complied with in this case, and a written or documented verbal counseling record shall not be considered discipline in the sense that a formal hearing as required in this Section would be required prior to counseling a Pilot); or
19.B.2.d Notify the Pilot that a disciplinary hearing in accordance with this Section will be held by the Company based on the incident or violation.
19.B.3 The Company may consider the following in determining the level of discipline to be administered in a subsequent disciplinary case:
19.B.3.a a prior disciplinary proceeding against the Pilot that is still in the Pilots file; and/or
19.B.3.b a prior written counseling record or other derogatory material that is still in the Pilots file and has been acknowledged by the Pilot in accordance with the provisions of this Section.
19.C RECORDKEEPING
19.C.1 Unless the Company proceeds directly to a disciplinary hearing in accordance with Paragraph B.2.d., above:
19.C.1.a No material relating to disciplinary proceedings, investigations, or other derogatory material may be placed in a Pilots file (or otherwise used in a disciplinary case against a Pilot) until it has been initialed by the Pilot.
19.C.1.b In initialing the material, the Pilot is merely acknowledging receipt and is in no way admitting fault or attesting to the accuracy of said material.
19.C.1.c If a Pilot refuses to initial or fails to initial the material or documents as provided in this Section within two (2) weeks of notice from the Company, then the ALPA MEC Chairman will initial the material or document on the Pilots behalf. So long as the Company provides proof that the Pilot has been sent notice of the materials or documents, the ALPA MEC Chairman may not refuse to initial the materials or documents at issue.
19.C.1.d The Pilot will receive a copy of any material relating to disciplinary proceedings or other derogatory material placed in the Pilots file.
19.C.1.e Pilots Response. A Pilot may respond in writing to any derogatory material placed in that Pilots file. This response will be retained in the Pilots file until such time that the material which prompted the response is removed.
19.C.2 If the Company proceeds directly to a disciplinary hearing in accordance with Paragraph B.2.d., above, material relating to the pending hearing that is placed in the Pilots file will not need to be initialed by the Pilot but shall be provided to the Association prior to the hearing in accordance with the provisions of this Section.
19.C.3 File Cleanup Upon request by the Pilot to the Chief Pilot, any material relating to disciplinary proceedings or other derogatory material placed in a Pilots file will be removed from the Pilots file when a Pilot has had either twelve (12) continuous months of Active Service without any disciplinary resulting from a hearing as required in this Section, or thirty-six (36) months of Active Service without any disciplinary action for serious offenses, including cases of workplace violence, harassment as prohibited by state or federal law, fraud that results in a substantial loss to the Company, or serious and intentional safety or security violations. The parties agree that the Company may, at its discretion, retain any removed documents for purposes not related to discipline, and the Company agrees to keep these documents confidential and will only provide them to individuals or organizations with a demonstrated need to know.
19.C.4 Pilot Records Improvement Act (PRIA) In the event a Pilot receives disciplinary action relating to his proficiency as a Pilot, all written disciplinary material shall remain in the Pilots file in accordance with PRIA. Upon request by the Pilot to the Chief Pilot, materials kept in compliance with the PRIA shall be removed from the Pilots file as soon as allowed under PRIA.
19.D HEARING
19.D.1 General
19.D.1.a Counsel Either party to the hearing may be represented by counsel upon seventy-two (72) hours notice to the other parties.
19.D.1.b Recordkeeping If, by mutual agreement, a record is to be taken of a hearing or appeal, the cost shall be borne equally by the Company and the Association. Absent mutual consent regarding recording and upon prior notice to the parties involved in the hearing, the Association and/or the Company may record the hearing by any means available. The non-recording party may later request and be provided a copy of such record, but shall first be required to pay one-half of the initial recording costs and all additional costs associated with providing the requested copy.
19.D.1.c Transportation For purposes of traveling to and from a disciplinary hearing, the Pilot, witnesses, and representatives who are employees of the Company shall receive free, positive space, non-revenue transportation over the lines of the Company.
19.D.1.d Failure to Attend
19.D.1.d.i Should the Pilot, without good faith, fail to attend and/or participate in the disciplinary hearing, then the Company may impose discipline without completing the hearing and the discipline may be appealed in accordance with this Section.
19.D.1.d.ii Should the Company, without good faith, fail to attend and/or participate in the disciplinary hearing, the disciplinary matter shall be considered abandoned by the Company on a non-precedent setting basis, and any and all records and/or references to the disciplinary proceeding and/or investigation shall be promptly removed from the Pilots file.
19.D.2 Hearing Notice and Time Line
19.D.2.a Company to Schedule Hearing If the Company believes discipline is warranted, the Company shall schedule and hold a hearing or hearings in accordance with this Section.
19.D.2.b Notice Requirement The Company must provide the Pilot and the Association with written notice at least fourteen (14) days and no more than twenty-eight (28) days prior to the scheduled hearing time. The notice of hearing must include a statement of facts and subject matter to be discussed at the hearing.
19.D.2.c Sharing of Evidence and Information The Company and the Association shall, prior to the hearing, share any information and/or evidence to be presented at the hearing. The intent of this subsection is for both sides to provide as much information as soon as possible so that an appropriate decision can be made at the hearing.
19.E COMPANY DECISION
19.E.1 Time Limit Within seven (7) days of the hearing, the Vice President of Flight Operations (or his designee, to include the Chief Pilot, the Director of Operations, or a position to which the Vice President of Flight Operations reports) shall either issue a final decision or, if mutually agreed to by the Company the Association, hold an additional hearing on the matter at hand.
19.E.2 In Writing The decision shall be in writing and shall be delivered to both the Pilot and the Association.
19.E.3 Failure to Render Decision If the Vice President of Flight Operations fails to comply with the conditions specified in this subparagraph, the Pilot will not be subject to discipline, the matter will be considered abandoned by the Company, and any and all records and/or references to the disciplinary proceeding and/or investigation shall be promptly removed from the Pilots file.
19.F ASSOCIATION APPEAL
19.F.1 If the Pilot is not satisfied with the decision rendered by the Vice President of Flight Operations, or his designee, he shall notify the Association in writing. The Association may appeal the decision to the System Board of Adjustment in accordance with Section 21.
19.F.2 If the Association does not appeal the decision of the Vice President of Flight Operations to the System Board of Adjustment in accordance with Section 21, the decision of the Vice President of Flight Operations shall be considered final and binding on all parties.
20 CONTRACT GRIEVANCES
20.A GENERAL
20.A.1 Time Limits
20.A.2 Time limits in this Section may be extended by mutual written agreement of the Company and the Association.
20.A.3 Grievance Decisions
20.A.4 Decisions by the Company regarding grievances shall clearly indicate whether the grievance is sustained or denied by written notice to the Association. If a grievance involves more than one issue, each issue will be addressed separately.
20.B DISPUTE RESOLUTION AND TIME LIMITS
20.B.1 The Notice of Dispute shall be filed within sixty (60) Calendar Days after the Pilot has, or reasonably would have had, knowledge of the matter giving rise to the dispute.
20.B.2 The Notice shall reference the provision(s) of the Agreement alleged to have been violated, a concise statement of facts (including relevant information such as dates of Sequence, Sequence number, etc.), and the remedy requested.
20.C MONTHLY GRIEVANCE REVIEW MEETING
20.C.1 This Subsection shall not apply to grievances being submitted for resolution under Section 1.L., Expedited Arbitration.
20.C.2 All Notice of Dispute forms filed up to five (5) Calendar Days before the scheduled Monthly Grievance meeting shall be heard. Any grievances filed after this period shall be heard at the following Monthly Grievance meeting. If there are no pending grievances, the parties may elect to cancel the meeting for that month.
20.C.3 Monthly Grievance meetings shall be conducted informally. There shall be no application of the Federal Rules of Evidence nor shall recordings of the meetings be permitted. All discussions and notes shall be considered confidential and treated as settlement discussions and shall not be used in any subsequent hearing.
20.C.4 The parties shall have the option to award, deny, dismiss, or resolve the grievance, or the parties may deadlock and the Association may refer the grievance to the Vice President of Flight Operations.
20.C.5 The parties will issue a summary of the decisions within fourteen (14) Calendar Days after the Monthly Grievance meeting concludes.
20.D APPEAL TO VICE PRESIDENT OF FLIGHT OPERATIONS
20.D.1 The Association shall send the written notice of appeal to the Vice President of Flight Operations within thirty (30) Calendar Days following a deadlock. Non-compliance by the Association with this time limit shall result in denial of the grievance on a non-precedent setting basis, with no further appeal.
20.D.2 The Vice President of Flight Operations shall render a decision in writing via electronic mail with written (email or otherwise) response within fourteen (14) Calendar Days from the date the Associations grievance is filed with him. Non-compliance by the Vice President of Flight Operations shall result in the grievance being awarded to the Association on a non-precedent setting basis.
20.E APPEAL TO THE SYSTEM BOARD
21 SYSTEM BOARD OF ADJUSTMENT
21.A GENERAL
21.A.1 Basis and PurposeIn compliance with Section 204, Title II, of the Railway Labor Act, as amended, a System Board of Adjustment (the SBA) is established for the purpose of adjusting disputes arising out of grievances or interpretation or application of this Agreement that have been processed through but not resolved in the procedures as set forth in Sections 19 and 20 of this Agreement.
21.A.2 JurisdictionThe SBA shall have jurisdiction over disputes between any Pilot covered by this Agreement and the Company growing out of grievances or out of interpretation or application of any of the terms of this Agreement. The jurisdiction of the SBA shall not extend to proposed changes in hours of employment, basic rates of compensation, or working conditions covered by this Agreement or any amendment(s) hereto.
21.A.3 Time LimitsThe time limits specified in this Section may be extended by mutual consent of the Company and the Association.
21.A.4 Delivery and Time Limit Compliance Dates for Notices and Decisions.
21.A.4.a Delivery MethodsNotices or decisions required in this Section shall be delivered by:
21.A.4.a.i A traceable means with the U.S. Postal Service or a nationally recognized overnight delivery service such as FedEx or UPS;
21.A.4.a.ii Electronic mail with read receipt confirmation; or
21.A.4.a.iii Actual physical delivery with a written receipt for the delivery. Physical deliveries to the Association shall be signed for by the MEC Chairman or by an Association employee. Physical deliveries to the Company shall be signed for by the Vice President of Flight Operations, a Director in Flight Operations, or a Labor Relations representative.
21.A.4.b Time Limit ComplianceIf a notice or decision required in this Section is mailed (postmarked) or delivered to a nationally recognized overnight delivery service (receipt indicating when delivered to the carrier), electronic mail with read receipt confirmation or physically delivered (signed receipt) within the time limits established in this Section, the notice or decision time limit shall be considered met.
21.A.5 SettlementThe parties hereby agree that they may at any time during the process described in this Section meet in person or by telephone to discuss possible settlement. However, nothing in this settlement or mediation option subparagraph shall be construed to change any applicable time limitations provided for in this Section without the mutual consent of the parties.
21.A.6 Independent SBA MembersIt is understood and agreed that SBA Members shall be free to discharge their duty in an independent manner, without fear that their relations with the Company or Association may be affected in any manner by such action taken by them in good faith in their capacity as an SBA Member.
21.A.7 Record of Proceedings
21.A.7.a Recordkeeping The SBA shall maintain a complete record of all matters submitted for its consideration including all findings and decisions. The complete record shall be kept at the Companys general office.
21.A.7.b Transcripts A transcript shall be made of any proceeding before the SBA and the cost shall be borne equally between the parties.
21.A.8 Travel For purposes of traveling to and from an SBA hearing, the grievant, witnesses, representatives, and SBA Members who are employees of the Company shall receive free, positive space, non-revenue transportation over the lines of the Company. The Association is responsible for submitting travel requests to the Company as soon as possible in order to allow time for processing.
21.A.9 Exoneration of a Pilot If at any time before, during, or after any SBA or arbitration proceeding a Pilot is exonerated in a disciplinary case, the Pilot shall be reinstated without any loss of seniority or Longevity. The Pilot shall also be reimbursed for any lost pay (lost Pay Credits or for Monthly Pay Guarantee if the Pilot was not allowed to bid) and health and welfare benefits. Any and all records and/or references to the disciplinary proceeding, investigation, SBA proceeding, or arbitration shall be promptly removed from the Pilots file.
21.B COMPOSITION AND APPOINTMENTS TO SBA
21.B.1 The SBA shall consist of three (3) members, one (1) appointed by the Company, one (1) appointed by the Association, and one (1) neutral third party member.
21.B.2 An individual appointed as an SBA member for a case shall continue as a member until the decision of the SBA is issued on that case.
21.B.3 The neutral member shall preside at the hearing and shall be designated as Chairman of the SBA. It shall be the responsibility of the Chairman to guide the parties in the presentation of testimony, exhibits, and argument at hearing.
21.C REFERRALS TO THE SBA
21.C.1 Referable Disputes The SBA shall consider any dispute properly submitted to it by the Association when such dispute has not been previously settled in accordance with the terms provided in this Agreement.
21.C.2 Submission Requirements.
21.C.2.a Submittal to the SBA The Association shall send a Submission to the Vice President of Flight Operations, or his designee, and the MEC Chairman.
21.C.2.b The Submission shall be mailed within thirty (30) Calendar Days of the Associations receipt of the decision of the Vice President of Flight Operations, or his designee. Non-compliance by the Association with this time limit shall result in denial of the appeal on a non-precedent setting basis, with no further appeal.
21.C.2.c The Notice of Appeal to the SBA shall include the following information:
21.C.2.c.i The Grievants name;
21.C.2.c.ii The question or questions at issue and the alleged Section(s) of the Agreement to have been violated;
21.C.2.c.iii A brief statement of the relevant information;
21.C.2.c.iv A summary of the position of the Association;
21.C.2.c.v A summary of the position of the Company; and
21.C.2.c.vi The requested relief.
21.D DOCUMENTATION, INFORMATION, AND WITNESS LIST
21.E REPRESENTATION
21.F ORDER OF PRESENTATION, EVIDENCE, AND WITNESSES
21.F.1 Order of Presentation
21.F.1.a Disciplinary ActionIf the hearing is in reference to a disciplinary action against a Pilot, the Companys representative shall begin, followed by the Pilots representative to dispute or defend.
21.F.1.b Contract IssueIf the hearing is in reference to a contract issue, the Pilots representative shall begin, followed by the Companys representative to dispute.
21.F.2 Evidence AllowedEvidence may be presented either orally, in writing, or both.
21.F.3 Witnesses Testimony
21.F.3.a Summoning of WitnessesEither party may summon their own witnesses to a hearing. The SBA may, by majority vote, summon witnesses to a hearing.
21.F.3.b Oath RequiredAll individuals giving testimony during an SBA hearing shall be placed under oath.
21.F.3.c Telephone TestimonyWitnesses may, by mutual agreement between the parties, testify by telephone.
21.F.3.d Cross ExaminationCompany and Association representatives shall have the right to cross-examine all witnesses.
21.F.3.e SBA Member QuestioningSBA members shall be allowed to question any or all witnesses.
21.G SELECTION OF ARBITRATOR SERVING AS NEUTRAL MEMBER
21.G.1 SelectionThe neutral member shall be selected by the Company and the Association. If the Company and the Association cannot agree upon the neutral member or a method for selecting him, they shall select him by alternately striking names from the panel attached in Appendix 3. The order of striking shall be determined by a flip of a coin for the first case in which a neutral member is chosen under the provisions of this subparagraph and, in subsequent cases, the parties shall alternate taking the first strike. The parties will immediately contact the selected neutral to determine his availability and will advise the other SBA members of his availability and they shall agree upon a date for the hearing.
21.G.2 SchedulingDuring the third quarter of each calendar year, the parties will solicit available arbitration dates from each neutral arbitrator on the panel. From those dates, the parties will pre-select a minimum of four (4) System Board hearing dates for the following year. Each date will be scheduled as a two-day session. Any date that has not yet been designated for a particular grievance or that becomes available after the resolution of a previously assigned grievance shall be used for an unscheduled case, if one exists. Discharge cases will be given priority, at the Associations request, when scheduling System Board arbitration dates.
21.H TERMS OF ARBITRATOR PANEL
21.I SBA DECISION
21.I.1 The parties SBA members shall be given the opportunity to review and comment on the neutral members decision before it becomes final and binding.
21.I.2 Majority Vote Final and BindingA majority vote of all members of the SBA shall, in all cases properly referable to it, be final and binding upon the Company and the Association.
21.I.3 All SBA findings and decisions shall be rendered in writing to the Vice President of Flight Operations and the Association MEC Chairman.
21.J EXPENSES
22 SENIORITY
22.A GENERAL
22.A.1 The seniority of a Pilot shall begin to accrue from the date the Pilot is first placed on the Company payroll as a Pilot and shall continue to accrue thereafter during all service as a Pilot, except as provided in this Agreement. When two (2) or more Pilots are hired on the same date, their names shall be placed on the Seniority List according to their date of birth, with the oldest Pilot receiving the lowest number (i.e. highest seniority).
22.A.2 A Frontier employee who is hired as a Pilot shall be placed on the top of the Seniority List within his New Hire class regardless of their age within that class. When two (2) or more Frontier employees are hired as Pilots on the same date, the seniority between these Pilots shall be according to his current Company seniority.
22.B SENIORITY LIST
22.B.1 A copy of the Seniority List as of the date of this Agreement is attached as Appendix 1 to this Agreement and is expressly made a part of this Agreement.
22.B.2 The Association shall be made aware in writing of any changes made to the Seniority List within five (5) Calendar Days of the change.
22.B.3 An accurate copy of the Seniority List shall also be maintained and posted by the first Wednesday of each month on the Company intranet. This Seniority List shall include the following items:
22.B.3.a The names of all Pilots with seniority rights;
22.B.3.b Date of Hire;
22.B.3.c Date of Birth;
22.B.3.d Equipment;
22.B.3.e Seat; and
22.B.3.f Domicile.
22.C PROTEST
22.C.1 Pilots shall have sixty (60) days from their date of hire as a Pilot to protest to the Company any omission or incorrect information affecting their seniority.
22.C.2 In addition, during the calendar month of October each year, a Pilot shall be permitted to protest to the Company any omission or incorrect information affecting his seniority. A Pilot on leave during October shall have a period of thirty (30) days from the date of return to work during which to file such protest. Any discrepancy which was not protested during this period cannot be protested until the next October.
22.D PROBATION
22.D.1 Except as specifically provided in this Agreement, Probationary Pilots enjoy the same rights and privileges afforded non-Probationary Pilots.
22.D.2 Each Pilot shall be on Probation from his date of hire as a Pilot. Such Probationary period shall continue for a period of twelve (12) months from the date of hire as a Pilot or the successful completion of the Probationary Proficiency Check (Probationary PC) as described in Section 11, whichever comes later. Such Probationary Period shall be extended by any period during the Probationary period in which the Pilot is on furlough or leave of absence of thirty (30) days or more.
22.D.3 All Probationary Pilots may have a personal records review conducted by the Chief Pilot, or his designee, prior to the Probationary PC. This review may be requested by the Probationary Pilot. Any problems or discrepancies noted will be addressed with the Pilot.
22.E SENIORITY RIGHTS
22.E.1 Retirement, resignation, or discharge;
22.E.2 Decline recall subject to bypass provisions of Section 23.E.;
22.E.3 Failure to return to work from furlough in accordance with Section 23.E.3.; or
22.E.4 Not recalled in accordance with Section 23.
23 REDUCTION IN FORCE, FURLOUGH, AND RECALL
23.A GENERAL
23.A.1 Prior to any furlough, the Company shall meet with the Association to discuss reasons for, alternatives to, and expected duration of the furlough.
23.A.2 Furlough shall be defined as a reduction by the Company of the total number of Pilot Positions.
23.A.3 For the purposes of this Section, “circumstances beyond the Company’s control” shall be defined as: an act of nature; a work stoppage; grounding or repossession of a substantial number of the Company’s aircraft by a government agency or a court order; loss or destruction of the Company’s aircraft; involuntary reduction in flying operations due either to governmental action(s)/requirement(s) or to a decrease in available fuel supply or other critical materials for the Company’s operation; revocation of the Company’s operating certificate(s); war emergency; a terrorist act; or a substantial delay in the delivery of aircraft scheduled for delivery, provided that one of these listed occurrences has a material and substantial impact on the Company.
23.B CREW REDUCTION
23.B.1 Pilots shall be furloughed in reverse order of seniority in accordance with the Frontier Airlines, Inc. Pilots System Seniority List.
23.C NOTICE OF FURLOUGH
23.C.1 Except where precluded by circumstances beyond the Companys control, any Pilot furloughed from the Company shall receive at least twenty-one (21) Days advance written notice via certified mail or shall continue to be paid until twenty-one (21) Days from the date of notice postmark. This pay shall be prorated at the rate of one-thirtieth (1/30th) of the Monthly Pay Guarantee for each Day. Such notice shall be sent to the Pilots last known address. Each Pilot shall be responsible for keeping the Company advised of his current mailing address.
23.D FURLOUGH PAY AND BENEFITS
23.D.1 Upon furlough, and in addition to any pay due in Paragraph C., above, a Pilot shall receive one (1) week of pay (this pay shall be equal to seven-thirtieths (7/30th) of the Monthly Pay Guarantee) for each full year of Longevity up to a total of six (6) weeks of pay, except where a furlough is caused by circumstances beyond the Companys control. A Pilot with less than one (1) year of Longevity shall not receive furlough pay based on Longevity.
23.D.2 A Pilots furlough pay shall continue with regular pay periods until the furlough pay is exhausted.
23.D.3 A Pilot shall only receive his appropriate furlough pay once in any twelve (12) month period. The twelve (12) month period shall begin as of the date of furlough.
23.D.4 Any furloughed Pilot shall receive normal employee benefits while receiving furlough pay.
23.D.5 For the duration of the furlough, any Pilot who is furloughed shall retain all accrued sick leave and continue to retain and accrue seniority but shall not accrue Longevity for pay and benefit purposes.
23.D.6 A Pilot who is furloughed shall be paid for any Accrued Vacation and Earned Vacation in a lump sum included with their final regular paycheck (to include any vacation to be accrued during the furlough pay period).
23.E RECALL FROM FURLOUGH
23.E.1 Pilots shall be recalled in order of their seniority in accordance with the Frontier Airlines, Inc. Pilots System Seniority List. Such notice shall be sent via certified mail to their last known address. Such Pilots shall be allowed fifteen (15) Calendar Days, from postmark of the recall notice, in which to notify the Company in writing of their intent to return to Active Service.
23.E.2 A Pilot shall have the option to:
23.E.2.a Accept the recall. He then shall be allowed no less than fifteen (15) Calendar Days (except by mutual agreement between the Pilot and the Company) from the date of acceptance to return to Active Service. The Company may, at its discretion, extend the period of time for a return to Active Service; or
23.E.2.b If no response is received, it shall be assumed that the Pilot shall bypass the specific recall but shall be notified of any future recalls.
23.E.2.c Continue to bypass all recalls until all of the furloughed Pilots junior to him have been recalled or until he elects to cancel such notice.
23.E.2.d Bypass the specific recall but be notified of any future recalls; or
23.E.3 In the event an insufficient number of Pilots accept recall, the Company may notify Pilots in inverse seniority order that recall is mandatory. In this event, the Company shall notify the Pilot of the mandatory recall. Such notice shall be sent via certified mail to their last known address. Such Pilots shall be allowed no less than fifteen (15) Calendar Days (except by mutual agreement between the Pilot and the Company) from the date of acceptance to return to Active Service or be removed from the Seniority List.
23.F INFORMATION DISTRIBUTIONThe Company shall distribute to furloughed Pilots a packet of information containing the following as soon as practical prior to any furlough:
23.F.1 The procedure by which Company materials such as identification cards and Company manuals shall be returned to the Company;
23.F.2 The necessary conversion forms and information to continue their insurance coverage while on furlough; and
23.F.3 A statement of the Pilots vacation and sick leave accruals that have been earned to date.
23.G JUMPSEAT AND PASS PRIVILEGES WHILE ON FURLOUGH
23.G.1 All Pilots on furlough shall retain space available pass privileges on the Company route system in accordance with the Company Pass policy as if he were not furloughed.
23.G.2 Subject to applicable law, the Company agrees to provide all furloughed Pilots with on-line jumpseat authority.
23.H CONSIDERATION FOR CONTINUED EMPLOYMENT
24 FILLING OF VACANCIES
24.A GENERAL
24.A.1 All Pilot Vacancy and Displacement awards will be accomplished through the system bid process based on the Pilots Master Bids and the Seniority List.
24.A.2 A Captain will be eligible to voluntarily bid a First Officer Vacancy, provided the Pilot has been a Captain for at least two (2) years and provided that a two (2) year freeze will begin seven (7) Days following the commencement of training for the First Officer Position.
24.A.3 A Pilot who is awarded or assigned a Position as a result of a system bid will be considered to hold that Position as the starting point for the next system bid.
24.A.4 A permanent Position is a Position that is anticipated to exist for longer than three (3) consecutive Monthly Bid Periods. A permanent Position will be awarded to each Pilot, and a Pilot will always hold a permanent Position.
24.A.5 The Company will not delay the training date or transfer date of a Displacement of an individual Pilot or group of Pilots for any reason unless ALPA agrees in writing.
24.A.6 If a training class is delayed within an award, no subsequent class within the same award may start earlier than the delayed class. If a training class is delayed more than fourteen (14) Days, any affected Pilot who has not already commenced training may withdraw from the award.
24.A.7 The Company must commence all training classes associated with an earlier notice before commencing training classes associated with a later notice, except in a case where the later notice includes Vacancies that provide backfill for Pilots who withdrew from the earlier notice, and provided that, if the earlier notice is a multi-class notice, no Pilot awarded the Position is willing to attend an earlier class.
24.A.8 A Pilot is eligible to be awarded a change in Domicile regardless of any freeze that has been imposed on the Pilot.
24.A.9 Within a realignment bid, Vacancies will be awarded prior to effectuating Displacements.
24.A.10 A Pilot who is awarded either a voluntary or involuntary Displacement will be afforded Moving Expenses in accordance with Section 6.
24.A.11 A Pilot who is awarded a new Position that involves only a Domicile change shall be allowed to Drop a Sequence or Reserve Day to allow a minimum of 24 hours rest between flight assignments or reserve duty in different Domiciles. This Drop is not subject to the limitations of Section 25.
24.A.12 In accordance with Paragraph 25.A.4., above, a New Hire Pilot will be considered based in the Domicile of their awarded Position forty-five (45) days after the beginning of training or following the completion of the simulator portion of training, whichever occurs later. Prior to the award of a permanent Position, a New Hire Pilot will be considered based in the location in which they first reported for training (currently Denver) for the purposes of Section 5.
24.B SYSTEM BID CATEGORIESEach system bid will be posted as one of the three following categories:
24.B.1 A Vacancy bid will contain only open Positions to be filled.
24.B.2 A Displacement bid will contain only excess Positions to be reduced and will include furloughs.
24.B.3 A realignment bid will contain both open Positions to be filled and excess Positions to be reduced.
24.C SYSTEM BIDS
24.C.1 The posting date;
24.C.2 The number of open Positions available to be filled and/or the number of excess Positions that will be reduced;
24.C.3 The closing date and time of the system bid;
24.C.4 Projected furlough dates, if applicable, as well as projected training class start dates.
24.C.5 The Company may elect to post a notice with more than one class date, but the last class must start no later than (90) Days from the date of the award. system bids will be numbered sequentially based on the year and number of bids posted, e.g., the first bid posted in 2019 will be numbered 2019-01, the second bid posted in 2019 will be numbered 2019-02 and so on.
24.D PILOT MASTER BIDS
24.D.1 The Company is responsible for maintaining an Electronic Bid System wherein the Pilot Master Bids are entered and stored, and for each bid award, the Company will provide the Association with a snapshot of the bids used to generate the award at the same time it provides the award results.
24.D.2 A Pilot is responsible for entering a Master Bid and is bound by such bid on file at time of closing. The Master Bid will include (at a minimum):
24.D.2.a Seat(s);
24.D.2.b Domicile(s);
24.D.2.c Furlough;
24.D.2.d Lowest placement (i.e. percentage or numbered rank) the Pilot is willing to accept within each Position (if any);
24.D.2.e Date/time that the bid was submitted with the Pilot receiving a confirmation of the bid.
24.D.3 A Pilot may submit three (3) different bids within their Master Bid. These bids are concurrently active and remain in effect until removed or changed. The three different bids that are part of the Master Bid include:
24.D.3.a A Vacancy bid;
24.D.3.b A voluntary Displacement bid; and
24.D.3.c An involuntary Displacement bid.
24.D.4 A New Hire Pilot will be required to complete a Master Bid prior to commencing OE, and all other Pilots will be required to complete a Master Bid in order to have access to FLICA.
24.D.5 The Electronic Bid System will allow Pilots to view a snapshot bid award showing what Position they would hold if a system bid was awarded at that moment. This snapshot is based on existing bids at that time and is no guarantee of actual bid results.
24.E SYSTEM BID AWARD
24.E.1 Except in the case of a Pilot who is ineligible for a Captain Position in accordance with Section 11 (training failures), or as otherwise provided in Paragraph F., below, system bid awards will be completed based on Master Bids and seniority.
24.E.1.a Vacancies are awarded in seniority order based on Pilot Vacancy bids.
24.E.1.b Displacements are awarded first in seniority order to Pilots based on Voluntary Displacement bids and then, if necessary, in inverse seniority order to Pilots based on Involuntary Displacement bids. A Displaced pilot may Displace the most junior pilot in any Position, provided he is senior to such Pilot.
24.E.1.c Secondary Vacancies or secondary Displacements created as a result of primary Vacancies or primary Displacements will be filled during the same award process based on Pilot Master Bids. These secondary (or tertiary, etc.) Vacancies/Displacements will not be posted.
24.E.2 The system bid award will be posted no later than forty-eight (48) hours after the close of the system bid.
24.E.3 If open Positions remain following a Vacancy or realignment award, the remaining unfilled Positions after completion of the award will be filled with New Hire Pilots. No New Hire Pilot will be offered a Position that has not been made available for bid by all Pilots.
24.E.4 During a Displacement bid or a realignment bid wherein the number of excess Positions exceeds the number of open Positions, Pilots who are not awarded Positions will be furloughed in accordance with Section 23 and this Section.
24.E.5 A Pilot will have seventy-two (72) hours after the posting of a system bid award to protest the bid results. A Pilot who fails to protest the bid result before this deadline is entitled to file a grievance and have his dispute processed through Section 20.
24.F FREEZES
24.F.1 A Pilot (including a New Hire Pilot) who voluntarily bids a Vacancy that requires initial, transition, or upgrade training will be subject to a training freeze.
24.F.2 A Pilot who is Displaced (either voluntarily or involuntarily) will not be subject to a freeze.
24.F.3 A Displacement (either voluntary or involuntary) will cancel a Pilots existing freeze.
24.F.4 A training freeze will be effective for a two (2) year period following seven (7) Days from the Pilots first day of training. If a Pilot is bypassed, the two (2) year freeze will commence on the date the Pilot would have started training had the Pilot not been bypassed.
24.F.5 A training freeze imposed pursuant to Paragraph F.1. above will not make a Pilot ineligible to be awarded a higher paying Category (e.g., First Officer to Captain, narrowbody to widebody, etc.).
24.F.6 A two (2) year equipment freeze will be imposed on:
24.F.6.a A New Hire Pilot awarded a Position in widebody aircraft; and
24.F.6.b A Pilot who voluntarily bids a widebody aircraft Vacancy.However, this equipment freeze will not prevent a First Officer from being awarded a Captain Position in any equipment.
24.F.7 A Pilot shall be released from a freeze imposed pursuant to this Section if the Company acquires a new aircraft type that did not appear on the Master Bid at the time the Pilot bid the Position into which he is now frozen.
24.G TRAINING ASSIGNMENTS
24.G.1 A Pilot awarded a change of Position as a result of a system bid who requires training to advance to the awarded Position will be assigned a training date in accordance with the following:
24.G.2
24.G.2.a If only one (1) training class is offered for the system bid, a Pilot who requires training to advance to his awarded Position will be assigned to that class.
24.G.2.b If more than one (1) class is offered for the system bid, a Pilot who requires training to advance to his awarded Position will be provided an opportunity to bid for training classes.
24.G.2.b.i Details of the required timeline for the class date bid will be communicated by the Company in the system bid award notice. The class date bid will be no less than seven (7) Days in duration and will commence no more than fourteen (14) Days after the close of the system bid.
24.G.2.b.ii Training class preferences may be entered in the Electronic Bid System unless another method is provided in the system bid award notice.
24.G.2.b.iii Class assignments will be made in seniority order based on the preferences of the Pilot, except as provided in Paragraph H., below. If a Pilot does not submit a class date bid, he will be assumed to prefer the earliest available class in the case of a Vacancy, and the latest available class in the event of a Displacement. Assignments will be posted by the Company no later than seven (7) Calendar Days after the close of the training class preference window.
24.G.2.b.iv A Pilot will receive at least twenty-one (21) Calendar Days notice of a class date, except as provided in Paragraph G.2.b.v., below.
24.G.2.b.v A Pilot will have the option to accept or decline the opportunity to move up to an earlier class if an opening in the earlier class occurs, in seniority order. The Company will post a notice in Comply 365 and FLICA (or their equivalents) indicating that an opening has occurred in a class and the bid will not close sooner than ninety-six (96) hours from posting. The notice will include instructions on how a Pilot should indicate his willingness to move to an earlier class. The Pilots choice will be binding. If the award of the move up occurs within seventy-two (72) hours of the class start date, the Pilot will be released from duty no later than forty-eight (48) hours prior to the start of the class.
24.H BYPASS PROVISION
24.H.1 Notwithstanding Paragraph G., above, the Company may elect to bypass a Pilot awarded a Vacancy (i.e. delay the training class date) regardless of the Pilots training class preference and seniority, provided the Pilot commences training no later than the last class published on the system bid.
24.H.2 The Company will designate any Pilot(s) who are bypassed on the training class assignment award.
24.H.3 A bypassed Pilot will receive the pay rate associated with a higher paying Category commencing thirty (30) Days after the date the Pilot would have entered training had the bypass not occurred.
24.H.4 A bypass will be offered in seniority order and, if an insufficient number of Pilots volunteer, assigned in inverse order of seniority. If the Company contemplates a potential bypass, it will advise Pilots on the award, and a Pilot will be entitled to specify on his training class preference bid if he wishes to volunteer to be bypassed.
24.H.5 The Company will not bypass any Pilot for any new Position starting at the time a Merger Transaction is announced until such time as an Integrated Seniority List is finalized, in accordance with Section 1, or the Merger Transaction is cancelled.
24.I BASE TRANSFERS
24.I.1 A Pilot awarded a change of Position as a result of a system bid award who does not require training to advance to the awarded Position (Domicile transfers) will be assigned a Domicile transfer date by the Company by seniority when filling Vacancies, and in inverse seniority order when assigning Displacements.
24.I.2 Domicile transfer dates will be posted by the Company at the same time that the Company posts the training class schedule for the system bid.
24.J EFFECTIVE DATE
24.J.1 For a Pilot awarded a Position that includes a change in Hourly Rate, the Effective Date is the date on which the Hourly Rate change is effective.
24.J.1.a For Pilots moving from First Officer to Captain, the Effective Date is the date of the final upgrade line check, but no later than seventy (70) Calendar Days after the start of training.
24.J.1.b If completion of training is delayed as a result of Pilot absences or failures such that the Pilot will not complete training within seventy (70) Calendar Days after the start of training, the Effective Date will be the date of the final upgrade line check. The seventy (70) Calendar Days period will be adjusted by the number of Days of any absences and/or the Days utilized for retraining.
24.J.2 For Pilots moving from Captain to First Officer, the Effective Date is seven (7) Calendar Days after the start of training.
24.J.3 For a Pilot awarded a Position that includes only a change in Domicile and no training, the Effective Date is the date on which the Pilot is transferred to the new Domicile.
24.K DOMICILE TRADE
24.K.1 A Domicile trade will be held during each calendar quarter to allow Pilots to bid in/out of Domiciles. Domicile trades will be conducted in January, April, July and October. The notice of a Domicile trade will be published to all Pilots via Comply 365 or a successor system.
24.K.1.a In order to be awarded a trade, there must be a Pilot in the same Category willing to trade out of the Domicile. Pilots will not be bumped or displaced out of a Domicile
24.K.1.b Until such time as the Trade requests can be completed in the Automated Bid System, Trade requests will be submitted to Crew Planning via email to
[email protected]
. Trade requests may be submitted during a seven (7) day period published by the Company on the Domicile trade notice.
24.K.1.c Bids will be awarded in seniority order no later than the day following the close of the Domicile trade period. Submitted bids and awards will be posted electronically on the Company website and provided to the ALPA MEC Chairman via email on the same day the award is published.
24.K.1.d Any protest of an incorrect award (e.g., award out of seniority order) must be submitted to Crew Planning no later than 1700 MST three (3) days following the publication of the award.
24.K.2 The Domicile trade will be effective no more than 90 days after the Domicile trade award. The effective date will always occur on the first day of a Monthly Bid Period and will be identified in the Domicile trade notice as well as the Domicile trade award.
24.K.3 Unless the two Pilots will trade the same vacation period (i.e. both Pilots hold week 33), a Pilot awarded a Domicile trade will forfeit their vacation and re-bid in accordance with Section 7.H.2.
24.K.4 The Company will not publish a Domicile trade notice while a Vacancy, realignment, or Displacement bid is open.
24.L DOMICILE CLOSURE
24.L.1 The Company will post any Domicile closures electronically and notify the Association in writing at least sixty (60) Calendar Days prior to the closing date of the Domicile. Any associated system bids will be processed in accordance with this Section and furloughs will be processed in accordance with this Section and Section 23.
24.L.2 Pilots from the closed Domicile will retain their vacation periods.
24.M SYSTEM BID CANCELLATION
24.M.1 If a system bid is cancelled before any Pilot has commenced training associated with the award, then all awards will be cancelled and all awarded Pilots will be returned to their previous Positions. If a subsequent system bid has been published , that Bid will be cancelled as well.
24.M.2 If a system bid is cancelled after any Pilot has commenced training associated with the award, then the Company may negotiate a resolution through mutual agreement with the Association, or if that does not occur, the Company must exercise either of the following options :
24.M.2.a Complete the training and Domicile transfers for all Pilots senior to the most junior Pilot who has commenced training or transferred; or
24.M.2.b Return all awarded Pilots to their previous Positions.
24.N TEMPORARY DUTY ASSIGNMENTS (TDYs)
24.N.1 TDYs are Vacancies that are anticipated to exist for no more than three (3) consecutive Monthly Bid Periods. If the Vacancy is anticipated to exceed three (3) consecutive Monthly Bid Periods, then the Company is required to post a permanent Vacancy.
24.N.2 TDY Lines will be either Long Call, Short Call, or FDO Reserve Lines and will be bid upon and awarded or assigned during the Monthly Bid process and may be for a full or partial Monthly Bid Period. Long Call and FDO reserve lines awarded to TDY Pilots will not count toward the minimum or maximum number of Long Call and FDO lines specified in Section 25.N.1.b.
24.N.3 A notice that TDY Lines are available will be included in the monthly bid package, as well as the reserve schedule (Days Off and RDPs or Reserve Days). The notice will include the number of Reserve Lines to be staffed in the TDY Position as well as the Positions from which the TDY Positions will be filled. (For example, two (2) TDY Reserve Lines for DEN Captains will be filled by TDY Lines included in the MCO Captain bid). If there is an insufficient number of bidders for the TDY Lines, then the unawarded TDY Line (s) will be assigned to the most junior bidder (s). The TDY Reserve lines will be bid and awarded as part of the primary bid, and a Pilot bidding a TDY Reserve line shall be awarded a TDY Reserve line based upon his seniority and preferences. (For example, if there are three (3) TDY Lines available for bid, and one is an FDO line, a Pilot may elect to bid for only the FDO line along with all other lines in his Domicile. Alternatively, if there are three (3) TDY Lines available for bid, a Pilot may elect to bid a specific Short Call line that is posted in the monthly bid package based upon the Days Off in that Short Call Reserve line.)
24.N.4 A Pilot who is unavailable for part of a Monthly Bid Period due to a known leave, training requirement, vacation or Company Business conflict will not be eligible to be awarded or assigned a TDY Line in that Monthly Bid Period.
24.N.5 A Short Call Reserve TDY Line will contain a maximum of sixteen (16) RDPs in a thirty (30) Day Monthly Bid Period and a maximum of seventeen (17) RDPs in a thirty-one (31) Day Monthly Bid Period. A Long Call or FDO Reserve Line will have no fewer than fourteen (14) Days Off.
24.N.6 A Pilot holding a TDY Line will receive per diem from 0001 on the first day of the Monthly Bid Period through 2400 on the last day of the Monthly Bid Period. For partial months , from 0001 on Day 1 of TDY to 2400 on the last Day of TDY, including travel Days to/from the TDY.
24.N.7 The Company will provide hotel accommodations in the TDY location that will be at an extended stay hotel (rooms that include a kitchen) and include a rental car at no cost to the Pilot.
24.N.8 A TDY Pilot will be Deadheaded to the TDY Domicile on the Day prior to his first assignment, Deadheaded to his permanent Domicile no later than the last Day of the TDY assignment, and will not be required to travel on a Day Off.
24.N.9 A TDY Pilot will be Deadheaded to the TDY Domicile on the Day prior to his first assignment, Deadheaded to his permanent Domicile no later than the last Day of the TDY assignment, and will not be required to travel on a Day Off.
25 SCHEDULING
25.A GENERAL
25.A.1 All times shall be considered Local Domicile Time (LDT) unless otherwise noted.
25.A.2 The Company and the Pilot are jointly responsible to ensure that all Federal Aviation Regulations, as well as all contractual scheduling limitations contained within this Agreement are adhered to. If the FARs change or are interpreted in such a manner as to impact this Agreement, then the Company and the Association shall meet to negotiate its implementation. In any case in which the CBA and FAR provisions differ, the more restrictive of the provisions will be applied.
25.A.3 Pilot Contact and Notification
25.A.3.a A Pilot shall provide at least one (1) but no more than three (3) contact phone numbers to the Company and Crew Scheduling shall use all provided contact numbers when attempting Positive Telephone Contact for schedule changes.
25.A.3.b (Note: For the purpose of LOA 1 this was paragraph 25.A.4.b)
25.A.3.b.i All Company initiated changes and Transition Conflict adjustments to a Pilot’s schedule and/or Reserve assignments require Positive Telephone Contact with the Pilot, or electronic self-notification. Notice of changes should be attempted at the time of the change, but no later than twenty-four (24) hours from the time of the change. While a message (including telephone, Company radio, and ACARS, etc.) may be left for a Pilot, the message shall not be considered received, and the Pilot is therefore not considered notified of an assignment, until Positive Telephone Contact with the Pilot has been made or the Pilot has acknowledged the schedule change via the Company’s electronic notification system. A Pilot will be able to log on to any station computer to determine if a schedule change has been noted and may self-notify through that method. The Company will attempt notification to a Pilot of an assigned OE Sequence and will leave a message with the details of the assignment if unable to reach the Pilot. In the event the Company attempts to notify the Pilot of an assigned OE Sequence less than forty-eight (48) hours prior to the Sequence Report Time, the Pilot will be given the option to accept or decline the OE Sequence.
25.A.3.b.ii A Pilot will not be required to respond to any notification attempt that occurs outside of a Duty Period or Reserve Availability Period (“RAP”). A Pilot is not obligated to be continuously available during a Duty Period, but will respond to notification attempts, if any, within fifteen (15) minutes after Block In, or completion of duties relating to that flight. For international operations, station personnel will advise the crew if there is a message and provide a means to contact Crew Scheduling. The Pilot is not required to respond to notification attempts again until thirty (30) minutes prior to departing on their next segment. A Lineholder will not be required to respond to notification attempts following the last operating leg of their Sequence.Example: A Pilot Blocks In and has a 2-hour sit. The Pilot is required to respond to notifications pending at the time he checks following Block In (which may occur, at the Pilot’s option, immediately following Block In or upon completion of the Pilot’s post-flight duties). If there are not any notifications at the time the Pilot checks, the Pilot is not required to respond to notifications again until 30 minutes prior to the next scheduled departure.
25.A.3.b.iii The self-notification tool will be made available at no cost to the Pilot.
25.A.3.c Crew Scheduling will not attempt to contact a Pilot during a Rest Period required under FAR 117.25(e) or a Rest Period required by FAR 117.25(b) if such thirty (30) hour break occurs within the Sequence.
25.A.3.d A Reserve assignment or Reassignment must meet the applicable scheduling limitations of the Agreement at the time of notification in accordance with Paragraph A.3.b.
25.A.4 Except as otherwise noted, all references to, but not limited to, lines of flying (including Reserve), assignments, Sequences, vacation and bidding shall be specific to one (1) Position.
25.B SYSTEM SCHEDULING COMMITTEE (SSC)
25.B.1 Open TIme
25.B.1.a Open Time shall not be greater than five (5) percent of the total bid period Sequence Pay Credit, by Position, at the time the monthly bid schedules are awarded, unless the Association elect to lower the Open Time in any Position(s) to enhance overall schedule quality for that Position.
25.B.1.b The Company shall make the final determination regarding Sequence construction and the Average Line Value for each months schedule consistent with Historic Line Value and other applicable provisions of the agreement. The Association shall make the final determination regarding line construction utilizing the Navblue PBS line solver consistent with the provisions of the PBS LOA and other applicable provisions of the Agreement.
25.B.2 At least quarterly, the Company and the SSC shall meet to discuss the processes of this Section. This may include, but is not limited to, historical scheduling and crew planning data (including the DDL, DAG, percentages of Reserves in each Window, Reserve Trade/Swap coverage, etc.), issues related to DOT processing time, and Paragraph V.3.d., below, adjustments.
25.B.3 Monthly (or more frequently upon request of the Company or the Association), the ALPA PBS members shall meet with the Company to:
25.B.3.a Review and resolve scheduling issues;
25.B.3.b Discuss the Average Target Line Credit Values and discuss and reach mutual agreement as to the priority to be placed on controllable variables used in the generations of Sequences; and
25.B.3.c Confirm dates for Sequence and line construction and line review no later than the 10th of the month two (2) months before the Monthly Bid (unless another date is mutually agreed upon).
25.B.4 The Association and the Company shall continue efforts to develop and improve computer programs to provide for more efficient scheduling of Pilots, as well as provide a computer-based program to enable Pilots to bid, check Reserve, and to access work-related data from home-based computers.
25.B.5 Optimizer Access and Pairing Participation / Input
25.B.5.a Upon reasonable request by the SSC, and when not in use for Sequence/Pairing building, the Company will make the Pairing optimizer available for joint use to study and analyze scheduling parameters, alternatives and solutions.
25.B.5.b Upon reasonable request by designated Association representatives, the Company will meet with the SSC to jointly study Pairings and, as appropriate, run Pairing solutions. The ALPA SSC and Director of Crew Resources, or his designee, will agree on meeting dates to ensure the availability of necessary Company and Association personnel. The ALPA SSC will provide information in advance that outlines the issues that it would like to discuss or the solutions it would like to study. The Company will consider ALPAs input with respect to potential alternate Pairing solutions but retains final authority to decide on actual Pairings.
25.B.6 Association Remote Access to Crew Scheduling Systems
25.B.6.a The Company will provide remote, read-only access to the Companys crew scheduling systems (currently CrewTrac and FLICA and hereinafter known generally as CSS) to the MEC Chairman, or his designee(s).
25.B.6.b Access to CSS is provided to ALPA solely so that ALPA may investigate the Companys compliance with the provisions of this Agreement and to answer Pilot questions related to scheduling issues.
25.B.6.c ALPA will utilize information accessed on CSS in a manner consistent with Paragraph B.5.b. , above, and will not intentionally view accessible information, including, but not limited to, personal identifying information that is not necessary to fulfill the purposes set out in Paragraph B.5.b. , above.
25.B.6.d The Company will provide training to familiarize up to two (2) ALPA representatives , if necessary.
25.B.6.e The cost , if any , of additional individual software licenses for ALPA access and use of CSS will be borne equally by the Company and ALPA.
25.B.6.f If it is determined that an ALPA member has accessed CSS or utilized information accessed on CSS in a manner inconsistent with Paragraph B.5.b. , above, then ALPA will immediately remove that individuals access to CSS.
25.B.6.g ALPA and any individual ALPA representatives who utilize CSS will sign and abide by the terms of a user agreement to be provided by the Company to safeguard any Company concerns regarding maintaining the security of its systems.
25.B.6.h The Company and ALPA will meet upon request of either party to review any concerns either Party may have in connection with this provision.
25.C TELEPHONE RECORDINGS
25.C.1 All telephone conversations between Crew Scheduling, Dispatch, and Pilots involving scheduling matters shall be recorded. Recordings shall be kept for a minimum of sixty ( 60 ) days. In the event of a dispute, the Association MEC Chairman, or his designee, may request any recording ( s ) be kept until the dispute is settled
25.C.2 Access to recorded conversations shall be limited to the Pilot, the ALPA MEC Chairman, or his designee, Crew Scheduling personnel, and Frontier management for the purpose of resolving complaints and disputes. The Association shall inform the Company of the reason for the request, and the request shall not be unreasonably denied.
25.D INFORMATION AVAILABLE ONLINE TO CREWS
25.D.1 Daily availability and the relative position for all Reserve Pilots by Position (Reserve availability); and
25.D.2 Chart of open Sequences and number of Overnightable Reserves (Reserve grid) by AM, MID, and PM Window for the entire current Monthly Bid Period and forty-eight (48) hours after the commencement of DOT for the entire subsequent Monthly Bid Period.
25.D.3 FLICA (or a successor system) will reflect a Pilots accumulated Flight Time in every six hundred seventy-two (672) consecutive hours, updated on a daily basis.
25.E PRORATION TABLE FOR DAYS OFF
25.E.1 The following charts shall establish the minimum scheduled Days Off in a Monthly Bid Period in which a Known Absence occurs (e.g., vacation, leaves of absence, training). VSDs do not count toward minimum Days Off.
25.F ELIGIBILITY TO BID MONTHLY LINES OF FLYING
25.F.1 For the purposes of this Paragraph E., a Pilot shall be considered available while on vacation additionally, a Pilot on a paid Leave of Absence and who is eligible to bid for a partial Monthly Bid Period will have a Virtual Credit of three (3) hours applied to each Day of the leave and a Pilot on an unpaid Leave of Absence and who is eligible to bid for a partial Monthly Bid Period will have a Line Credit Reduction of three (3) hours applied to each Day of the leave.
25.F.2 If a Pilot is available for less than the entire Monthly Bid Period, he shall bid in accordance with the following:
25.F.2.a If a Pilot is available for seven (7) or more Days during the Monthly Bid Period, he will be eligible to bid. If the Pilot is available for less than seven (7) Days during the Monthly Bid Period, the Pilot shall not be allowed to bid. The Pilot shall be assigned Reserve Duty Periods (RDPs) in the Window of his choosing, if available in his Position. With the concurrence of Crew Scheduling, the Pilot may choose Long Call Reserve in lieu of choosing an RDP. The total number of Days Off shall be prorated in accordance with Paragraph E., above, with no single Days Off (unless required by the proration table). These Reserve Days/RDPs will count towards the reserve targets provided by the Company.
25.F.2.b When a doctors certification is required for a Pilot to return to work, the certification must be provided to the Chief Pilot and
[email protected]
(or another address provided in the FOM) no later than 1200 Mountain Time two (2) Days prior to the date on which the bids close. However, if impacted by Company-recognized holidays or weekends, the Company may modify the cutoff to be 1200 Mountain Time three (3) Days prior to the date on which the bids close, provided that the Company has included this information in the Navblue bidding information section on the Info Tab for the applicable Monthly Bid Period
25.F.2.c A Reserve Pilot who bids for a partial Monthly Bid Period will receive Days Off in accordance with the proration table in Paragraph E, above
25.F.3 Should a Pilot fail or voluntarily withdraw from transition or upgrade training on the first attempt after being awarded a line of flying for the Monthly Bid Period following training, Crew Scheduling shall build the Pilot a Reserve Line until the next Monthly Bid Period when he may bid in accordance with his seniority. The number of Days Off on this line shall be prorated in accordance with Paragraph E., above.
25.F.4 If the Company cancels or delays transition or upgrade/downgrade training, the following shall apply :
25.F.4.a If the training is cancelled or delayed prior to bid closing, the Pilot(s) shall be allowed to bid normally in accordance with their seniority.
25.F.4.b If the training is cancelled or delayed at least twenty-four (24) hours prior to the opening of the Monthly Open Time Bid, normally the SSC shall build lines with Pay Credit and Days Off similar to the average of those of Hard Lines. The Pilots shall be allowed to bid on these lines in seniority order. If there is not sufficient MOT, Paragraph F.4.d., below, shall apply.
25.F.4.c I f the training is cancelled or delayed prior to the closing of the Relief Line Bid, the Pilot(s) shall be allowed to bid for any available Relief Lines in seniority order.
25.F.4.d If the Pilot (s) cannot hold or does not bid for Relief Lines, the Company will determine whether it will build the Pilot a Reserve Line or release him from any reserve obligation for the remainder of that Monthly Bid Period. The determination of which Pilots will be released from any Reserve obligation will be made in accordance with the Pilot’s system seniority. If the Pilot is given a Reserve Line, the Pilot will be permitted to designate sequences of Days Off, however all Reserve days will be in blocks of at least three (3) consecutive Days. The number of RDPs will be based upon the Reserve Availability Table, minus 2, prorated for the portion of the Monthly Bid Period applicable. The Pilot will receive a Company-paid hotel upon request in Domicile.
25.F.5 A Pilot who is unavailable to fly his entire line shall have the balance of the Sequences of the line placed into Open Time.
25.F.6 Mis-Awards
25.F.6.a Any Pilot who has an inquiry or believes he may have received a PBS mis-award shall notify the responsible Association individual designated by the Association members of the JPWG no later than the 12th at 1700 LDT by submitting a DART at dart.alpa.org.
25.F.6.b A PBS Mis-award means any of the following :
25.F.6.b.i The PBS fails to provide an eligible Pilot who properly submitted a valid bid with any award.
25.F.6.b.ii The PBS produces an award that violates either the Federal Aviation Regulations or the terms of the CBA
25.F.6.b.iii The PBS generates an award that is inconsistent with the Pilots bid and established PBS system settings (e.g., failure to honor seniority and preferences). This type of bug or programming error must be confirmed with the PBS vendor.
25.F.6.b.iv The Pilots eligible bid status (e.g., position on the bid list, active or inactive, etc.) and pre-assigned activities including Known Absences (e.g., vacation, training, or other known leave) were not properly set for the PBS run, and negatively impacted the Pilots award.
25.F.6.b.v In any other scenario where the full JPWG agrees that a Mis-Award has occurred.
25.F.6.c In the event of a PBS Mis-Award, the following provisions will apply:
25.F.6.c.i If a Pilot would have been awarded a Regular Line but for the Mis-Award, the Pilot will be awarded, at his option, either:
25.F.6.c.i.a A specially created Reserve Line with fourteen (14) Days Off;
25.F.6.c.i.b A line constructed as set forth in Paragraph F.6.c.iii., below.
25.F.6.c.ii A Pilot who chooses, pursuant to Paragraph F.6.c.i.a., above, to be awarded a specially created Reserve Line will choose from among the types of Reserve Lines he could have held, and will have the same Days Off as any junior Pilot who is awarded that type of Reserve Line in the Pilots Position. The Pilot will select two (2) additional Days Off and will be awarded those Days Off, provided the award of such Days Off does not create a sequence of fewer than three (3) Reserve Days/RDPs.
25.F.6.c.iii A Pilot who chooses, pursuant to paragraph a.ii., above, to have a Regular Line constructed will have his Line constructed as follows:
25.F.6.c.iii.a When possible, the JPWG will re-run PBS for the Pilots Position utilizing the bid in place at the time of the bid close for the sole purpose of determining a Correct Line for the Mis-awarded Pilot, and the Pilot will receive the number of Days Off and no less than the Pay Credit associated with the Correct Line. The Pilot will be placed on AVA for the Days on which the Pilot would have been awarded a Sequence based on the Correct Line and will be provided with a hotel room by the Company on request. If the affected Pilot has a Known Absence, the proration table will apply.
25.F.6.c.iii.b If the JPWG is unable to re-run PBS, the Pilot will have a Line constructed that has no fewer Days Off than any junior Pilot in his Position, no less Pay Credit than any junior Pilot in his Position, and no fewer weekends or holidays off than any junior Pilot in his Position. The Pilot will be assigned to AVA on his Days of work and will be provided with a hotel room by the Company on request. If the affected Pilot has a Known Absence, the proration table will apply.
25.F.6.c.iv For an error involving a single Sequence that should have been awarded but was not, should the parties be unable to reach an agreement that is acceptable to the Pilot, the Pilot will be pay protected based on the Sequence he should have been awarded, and will be placed on AVA pursuant to Paragraph 25.P.11. within the Footprint of the Sequence he should have been awarded, and the Pilot will fly the remainder of his properly awarded Line.
25.F.6.c.v If the Pilot would have been awarded a Reserve Line had the Mis-award not occurred, the Pilot will be awarded any type (i.e. Long Call, Short Call, or FDO) of Reserve Line his seniority could have held in his Position and the Days Off any Pilot junior to him in his Position received in the type of Reserve Line awarded to the junior Pilot.
25.F.7 If a Pilot fails to submit a current bid and does not have a default bid submitted, then the Pilot will be awarded a schedule based on a system-generated default bid.
25.F.8 If a Pilot was not eligible to participate in the Monthly Bid Process due to a Leave of Absence but returns to service and does not have a schedule, the Pilot shall be built a Reserve Line in accordance with Paragraph E.1.
25.G WITHHOLDING OF FIRST OFFICER SEQUENCES FOR OE
25.G.1 Sequences Withheld from the First Officer Bid Package for OE
25.G.1.a The Company will project the total amount of OE to be accomplished in the following month no later than the third (3rd) of the previous month. The projection will be shared with the Association and will include a breakdown of the OE to be conducted by training type and by Pilot.
25.G.1.b For each Monthly Bid Period, following the completion of Regular Line awards for Captains, the Company may withhold Sequences that have been awarded to Line Check Pilots (LCPs) from Regular Line construction for First Officers, provided:
25.G.1.b.i It will be assumed that each Pilot undergoing training will use a number of OE Block hours equal to the historical average.
25.G.1.b.ii The historical average will be determined through review of actual data from the last six (6) training classes for each type of training (i.e. upgrade, new hire, or transition). The projection will be based upon Block hours and Days historically utilized. The historical average will be recalculated on the first (1st) Day of each calendar quarter.Example: April 1st is the first Day of the 2nd quarter. The historical average will be calculated by adding total Days and Block Hours used for each type of training, by each Pilot who completed training, in the last 6 classes. This historical average will be used for all Pilots starting OE in May, June, or July.
25.G.1.b.iii The total number of Block hours associated with the Sequences withheld is less than or equal to seventy-five percent (75%) of the total number of Block hours projected to be used for OE in the applicable Monthly Bid Period.
25.G.1.b.iv The Association and the Company will jointly select the Sequences that have been awarded to LCPs that will be used for OE and will be unavailable for First Officers to be awarded. The Sequences will be selected with the goal of accomplishing OE efficiently (e.g., multiple short legs, multiple landings, average or greater than average block per duty period ratio, avoid long layovers, no red-eye, limited deadhead) without altering the relative ratio of weekends/weekdays, holidays, commutable Sequences, and the relative number of 1-, 2-, 3-, 4- and 5-Day Sequences, unless the Sequences removed result in more OE occurring on weekends, holidays, and/or non-commutable Sequences. This joint process will begin at 1200 on the eighth (8th) and be completed no later than 1600 on the eighth (8th) unless otherwise agreed by the parties.If the parties cannot agree on the OE Sequence pool, the parties will alternate selection of Sequences, provided the above conditions are met.
25.G.1.b.v No more than ten percent (10%) of the total scheduled Block hours in a First Officer Position may be withheld for OE in any Monthly Bid Period.
25.G.1.b.vi The Company will notify LCPs no later than the opening of Captain DOT of the Sequences that will be utilized for OE. LCPs awarded OE Sequences shall not be permitted to Drop, Swap or Trade these Sequences, except that these Sequences may be Traded with other LCPs.
25.G.2 Treatment of Pilots Displaced for OE
25.G.2.a Any OE that is not accomplished in accordance with Paragraph G.1., above, (i.e. the remaining twenty-five (25%) of the projected OE) will be accomplished by displacement.
25.G.2.b A Pilot may be displaced from an entire Sequence or a part of the Sequence. If a Pilot is displaced from part of a Sequence, he will be removed from either the first consecutive segments or the last consecutive segments, and in no case will be displaced from the middle segments. A Pilot will only be displaced from a partial Sequence in his Domicile and shall not be required to Deadhead as a consequence of the displacement.
25.G.2.c A displaced Pilot will be released from his Sequence without any recovery obligation and will be pay protected for the scheduled value of the Sequence or any part of the Sequence the Pilot was displaced from. Any Pay Credit accrued for any part of the Sequence from which the Pilot was not displaced will be paid in addition to Pay Credit associated with the displacement.
25.G.2.d A displaced Pilot will be eligible to add flying during the displacement period and will be paid for any such flying in addition to the displaced flying, above the Pilots Monthly Pay Guarantee.
25.H RECURRENT TRAINING
25.H.1 The Navblue Training/Events Module shall be used by Pilots to bid and be awarded Recurrent Training events which shall be treated as a Known Absence. The Company will load training pattern credit values as pre-awarded credit for the applicable Monthly Bid Period.
25.H.2 The Company shall post on the Electronic Bid System each Pilots required training the month prior, the month due and the Late Grace Month. Pilots shall bid and be awarded all recurrent Ground Training in accordance with the following:
25.H.3 A Pilot will be awarded a Recurrent Training event in accordance with seniority, by Position, except that a Pilot who is in his Must Go Month may be awarded training instead of a Pilot who is in either his Early or May Go Month if there is no other training slot available for the Pilot in his Must Go Month.
25.H.4 Early MonthThe Company will not assign Recurrent Training to a Pilot in his Early Month. However, a Pilot may bid for Recurrent Training in his Early Month but will not be assigned any Recurrent Training contrary to his preferences.
25.H.5 May Go MonthThe Company may assign Recurrent Training to a Pilot in his May Go Month, provided the Pilot does not have vacation in that month. In addition, a Pilot may bid for Recurrent Training in his May Go Month and will be awarded Recurrent Training in accordance with Paragraph H.2., above. A Pilot who does not have vacation in his May Go Month may designate up to three (3) Golden Days (i.e. Days upon which training cannot be assigned by the Company). This designation will be made in the Electronic Bid System during the Golden Day designation period.
25.H.6 Must Go MonthThe Company may assign Recurrent Training to a Pilot in his Must Go Month regardless of whether the Pilot has vacation in that month, however, the Recurrent Training will not overlap the vacation or VSDs. In addition, a Pilot may bid for Recurrent Training in his Must Go Month and will be awarded Recurrent Training in accordance with Paragraph H.2., above.
25.H.7 Training Patterns will be built to include Deadheads where necessary and shall be scheduled in accordance with Section 11.B.3.b.. Training patterns will be constructed with the shortest training footprint possible considering on-line Deadheads, if applicable.
25.H.8 Pilots may bid on all training patterns unless Deadheads associated with a training pattern create a conflict with Section 11.B.1.a.iii. of this Agreement.
25.H.9 Simulator Training
25.H.9.a No later than the opening of the training bid, the Company shall publish a list of all available simulator slots by training facility location and those Pilots eligible to bid (i.e. Pilots in Early, May Go or Must Go months) for simulator training in each facility in the electronic document distribution system (currently Comply 365).
25.H.9.b All Pilots will attend simulator training in Denver and will be eligible to bid and be awarded or be involuntarily assigned training patterns (in accordance with Paragraphs H.3-H.7., above.)
25.H.9.c Notwithstanding H.8.b., a Pilot Domiciled in MIA will be eligible to bid and be awarded or be involuntarily assigned (in accordance with Paragraphs H.3-H.5, above) simulator training in the MIA training facility.
25.H.9.d Simulator slots shall be awarded in seniority order by Seat (subject to Paragraphs H.2. and H.8.b-c.,)
25.H.9.d.i For MIA Domiciled Pilots, the Company must make a sufficient number of training patterns available for bid to allow for all Pilots to be awarded a slot in their Must Go month, and to allow for fifty percent (50%) of the Pilots who are in the their May Go and Early months to be awarded a slot. (For example, if there are thirty (30) MIA Pilots eligible to bid on simulator training in May, with ten (10) in their Early Month, ten (10) in their May Go month, and ten (10) in their Must Go month, the Company must make at least twenty (20) simulator slots available.)
25.H.9.d.ii For the first year of implementation of MIA training, the parties will review the number of MIA pilots who bid for training but were denied a slot due to lack of availability every three (3) months. The Company will add simulator slots to the next months training bid in a number equivalent to the average number of Pilots denied a slot in the prior three (3) months, and the new percentage will be applied to subsequent months. After the first year of implementation, the parties will review the data every six (6) months.
25.H.10 Recurrent Ground SchoolPilots in all Domiciles will be able to bid for and be awarded Recurrent Ground School in any location offered by the Company. A Pilot who does not bid for Recurrent Ground School may be assigned to Recurrent Ground School in any location (in accordance with Paragraph H.3-5.).
25.H.11 Pilots will be scheduled for Recurrent Training in accordance with 11.B.1.a.iii, however a Pilot may waive the requirement for a Calendar Day off in Domicile if the Recurrent Training event is delayed causing the event to last more than six (6) Calendar Days.
25.H.12 Pilots bidding for an FDO line, who are also eligible for Recurrent Training (in their Must Go or May Go month without vacation), will only be awarded or assigned training on Days Off if they make an affirmative selection in the FLICA FDO bidding folder by selecting the FDO Training on Days Off option under the additional bid options.
25.I TIMETABLE
25.I.1 NOTE 1: Swaps that involve Sequences that begin in the current Monthly Bid Period and carry into the following Monthly Bid Period that do not create an additional open Duty Period(s) in the following Monthly Bid Period are allowed (if compliant with all other applicable provisions of this Agreement). A Lineholder will be eligible to Add and/or Trade for Sequences that span the current Bid Period and the following Monthly Bid period at any time, consistent with the provisions of this agreement.
25.I.2 NOTE 2: Trip Adds, Trades and Swaps that touch the last 6 Days of the current Monthly Bid Period will be restricted during the applicable DOT frozen period. The Company will upload the most updated CrewTrac information in accordance with D.3., above, for the Seat in which the monthly bid is closing. In the event of an FAR or CBA conflict in the following Monthly Bid Period created by an Open Time or Tradeboard transaction during the frozen period, the conflict shall be fixed by dropping the least amount of flying in the following Monthly Bid Period with no pay protection, in accordance with Paragraph I.3.
25.I.3 NOTE 3: A Pilot will not lose any Pay Credit when he is removed from flying to avoid a potential or actual FAR conflict that arises as a consequence of over-blocking, delays that create additional FDP or other FAR 117 violations that were not the result of a Pilot changing his schedule via an Open Time or Tradeboard transaction or other schedule adjustments made by the Company.
25.J MONTH-TO-MONTH TRANSITION
25.J.1 A Transition Conflict consists of any conflicts due to an interference or illegality from the current Monthly Bid Period to the following Monthly Bid Period.
25.J.2 Except for RDPs, when time must be dropped for a Transition Conflict, the Pilots Pay Credit shall be reduced in accordance with Section 4.
25.J.3 All Transition Conflicts shall be resolved by dropping the minimum amount of time necessary to resolve the conflict from the beginning or ending leg(s) of a scheduled Sequence.
25.K MONTHLY BIDS
25.K.1 There shall be twelve (12) calendar month-based Monthly Bid Periods of thirty (30) or thirty-one (31) Days. The Monthly Bid Periods shall be the same for all Positions. The Company and the Association will meet no later than September 30th of each year to designate the Monthly Bid Periods for the following calendar year. This information will be published with the annual Pilot vacation bid.
25.K.2 A Pilot shall bid via NavBlue.
25.K.2.a Pilot schedules will be constructed through a series of bids, including a pre-bid (that will include a training and vacation bid) and a monthly schedule bid. Monthly schedules will be awarded in accordance with seniority, by Position.
25.K.2.b If a Pilot fails to submit a current bid or configure their default bid sheet, then the Pilot will be awarded a schedule based on a system-generated default bid. A Pilots default bid will be deleted if he changes Positions.
25.K.2.c If a Pilot was not eligible to participate in the monthly bid process due to a leave of absence but returns to service and does not have a schedule, the Pilot shall be built a Reserve Line in accordance with Paragraph E.1.
25.K.2.d A First Officer may use avoid pairings preferences to select employee numbers of Captains they do not wish to fly with. These avoid pairings preferences will be treated in the same manner as other avoid pairings or prefer off statements within the logic of the solver. The Association members of the JPWG may limit the number of Captains on First Officers No Fly List if the number is negatively affecting run times. These preferences will only be considered in the Regular Line award. The designation of Captain employee numbers on the No Fly List is intended as a personal preference and such designation shall not be used to initiate disciplinary action or for disciplinary purposes.
25.K.2.e In no case shall the Average Line Value (ALV) exceed eighty-five (85) hours without Association approval.
25.K.3 Bidding Information:
25.K.3.a The Company will load all of the information including, but not limited to, eligible bidders by Position, Sequences, Known Absences, that is necessary to create a line solution no later than the opening of the monthly bid.
25.K.3.b All vacation will be loaded by the Company prior the 0900 LDT on the 23rd of the month that is two (2) months prior to the applicable Monthly Bid Period. Any changes or additions to the Known Absences will be updated no later than one (1) hour after the close of the bid on the 5th. The Company will load the system with all eligible bidders two (2) hours prior to the bid closing.
25.K.3.c The Company will upload the current Crew Trac data immediately following the freezing of Open Time but no later than 1300 DEN time on the 5th for Captains and the 8th for First Officers.
25.K.3.d At the opening of the monthly bid, the Bidding Information section of the Navblue PBS Info Tab, shall display the following information, at a minimum, by Position:
25.K.3.d.i Average Line Value by Category;
25.K.3.d.ii Minimum, Normal, and Maximum Credit Windows;
25.K.3.d.iii Number of Anticipated Regular Lines;
25.K.3.d.iv Number of Anticipated Reserve Lines;
25.K.3.d.v Number of Long Call Reserve Lines anticipated to be available;
25.K.3.d.vi Available RDPs / RDP times;
25.K.3.d.vii Available FDO lines;
25.K.3.d.viii Anticipated Reserve Lines awarded per RDP;
25.K.3.d.ix Red-eye bid preference definition;
25.K.3.d.x Maximum Followed By Time;
25.K.3.d.xi Return to work certification deadline;
25.K.3.d.xii Reminder to verify Known Absences;
25.K.3.d.xiii The projected number of Days to complete upgrade, transition and new hire training that will apply to all Pilots who commence training in that Monthly Bid Period.
25.K.3.d.xiv All Sequence Information, including leg values and Pay Credit, will be displayed by Position, in Navblue on the Pairings Tab. In addition, the Company will post the Sequences and bid eligibility lists for the Monthly Bid Period in the electronic document distribution system (currently Comply 365) no later than the opening of the monthly bid.
25.K.4 CDOs will not be awarded on a Line until the Association and the Company mutually agree to appropriate terms and conditions.
25.L DAILY TIMELINE
25.M OPEN TIME
25.M.1 Once any Sequence, RDP, or Reserve Day is posted in Open Time, it shall not be withdrawn except by the following provisions:
25.M.1.a Open Time that is dropped by the Company by mistake and has not been awarded may be returned to the original Pilots schedule.
25.M.1.b Open Time that is dropped by the Company by mistake and has been awarded will remain as awarded in Open Time and the original Pilot shall be pay protected. The original Pilot may add Open Time over the same period, but he shall only be Pay Credited for the greater of the two.
25.M.1.c The Company and the Association recognize that the limitations of the current Open Time system will cause some incorrect awards (e.g., time temporarily in Open Time while being processed by Scheduling) that will be addressed on a case-by-case basis. Upon recognizing the issue, Crew Scheduling shall make every possible attempt to return the Pilots schedules to their proper status. If the resolution required awarded time to be removed, that Pilot shall be notified immediately.See Appendix for details of grievance settlement.
25.M.1.d Sequences in the following Monthly Bid Period will not be modified from the time bidding opens until awards are published.
25.M.1.e An open Sequence may be moved from Open Time to the Premium Add Folder.
25.M.2 All references to Open Time shall be specific to Position. Open Time will follow a bid or assignment process in the following order in accordance with the timetable specified in Paragraph I., above:
25.M.2.a Daily Open time Drops, Swaps, Trades, Adds (Paragraph M.)
25.M.2.b No Bid and Management Pilot Adds (Paragraph M.6.)
25.M.2.c Aggressive Reserve (Paragraph T.8.)
25.M.2.d Reassignments (Paragraph P.11.c.)
25.M.2.e Reserve Assignment (Paragraph R.)
25.M.2.f Last Chance Management Adds (Paragraph AA.)Note: The placement of a Sequence, RDP, or a Reserve Day(s) in the Premium Add Folder may occur at any time at the discretion of the Company. Sequences, RDPs, and Reserve Days may be awarded to any Pilot by Category (i.e. seat and aircraft and without respect to the Pilots Domicile) on a first-come, first-served basis without respect to the timeline set out above. Management and No Bid Pilots are not eligible to Add from the Premium Add Folder.
25.M.3 At the completion of a Monthly Bid Period a Pilot must have a minimum of seventy (70) hours of Pay Credit. At no time shall a Pilot be allowed to Drop below fifty (50) hours of Pay Credit. These minimums shall be reduced by any amount of Pay Credit dropped as a result of a Leave of Absence. If the Pilots Pay Credit drops below fifty (50), any further schedule adjustments that result in a net loss of Pay Credit must be done through Crew Scheduling. However, for at least six (6) Monthly Bid Periods, in a calendar year per Position, a Pilot will be permitted to complete the month with no less than sixty (60) hours of Pay Credit, such months to be designated by the Company no later than the publication of the Annual Vacation Bid Award, but such designated Monthly Bid Periods may be changed by mutual agreement between the Company and ALPA.
25.M.4 Drop Limits (to be reviewed and agreed upon at the monthly SSC meeting)
25.M.4.a A Duty Period that spans midnight shall be counted as an open Duty Period only on the Calendar Day in which it begins.
25.M.4.b For Denver (DEN), the Daily Drop Limit (DDL) for Monthly Open Time shall be eight (8) open Sequences on Restricted Days and thirty-five (35) open Sequences on all other days. For Daily Open Time, the Daily Drop Limit shall be the greater of twelve (12) open Sequences on each weekday and eight (8) open Sequences on Saturdays, Sundays and Restricted Days or nine and one-half percent (9.5%) for weekdays and six and one-half percent (6.5%) for Saturdays, Sundays, and Restricted Days of the average number of Duty Periods per day based on the number of Duty Periods produced after the final solution of Sequence generation (e.g., 3,720 Duty Periods for a 30-day Monthly Bid Period is an average of 124 Duty Periods per day).
25.M.4.c For Domiciles other than DEN, the Daily Drop Limit shall be in accordance with the following table:
25.M.5 Jetway TradesTwo lineholders, or a Reserve Pilot flying outside of his Reserve obligation, may agree to split a portion of a scheduled Sequence at a city served by the Company if the Lineholders hold the same Category, provided:
25.M.5.a The transaction complies with the Federal Aviation Regulations and the provisions of this Section.
25.M.5.b The transaction should be coordinated with Crew Scheduling at least three (3) hours prior to the departure time (including delayed departure time) of the leg being Traded or that Trade may be denied. If the Trade is denied, the Pilot may request, and Crew Scheduling will provide, the reason for the denial. Crew Scheduling can deny the Trade during a period of Declared Irregular Operations as defined in Paragraph AA., below.
25.M.5.c The portion of the Sequence being Traded is at the beginning or end of a Sequence.
25.M.5.d Two Pilots will be permitted to utilize this provision to exchange a Deadheading leg for an operating leg, or the reverse. A Reserve Pilot on a Reserve assignment may participate in this type of Jetway Trade with Crew Scheduling approval.
25.M.5.e Once a Jetway Trade is approved, the Pilot accepting the operating leg(s) may not Drop or Swap the operating leg(s) but may Trade them with another Pilot. The Pilot who Trades away part of the Sequence through a Jetway Trade will not be permitted to Drop or Swap the remainder of the Sequence, but may Trade any or all of the remainder of the Sequence, and, in addition, either Pilot may modify a different portion of the Sequence in the DOT Split folder, the Trade folder or through a phone call to Crew Scheduling if the Electronic Bid System does not allow the Pilot to enter the request.Example: A Pilot has a 4-Day Sequence and Trades the first leg via a Jetway Trade. On the last day of the Sequence, the Sequence returns to the Pilots Domicile and the last 2 legs are a turn. The Pilot is eligible to Trade any remaining portion of the Sequence and is also eligible to Drop the last turn, subject to the Drop limits contained Paragraph M.4. or Paragraph O.3.c., as applicable.
25.M.6 Except for Last Chance Management Adds, pursuant to Paragraph AA., below, a Management or No Bid Pilot shall only be allowed to pick up Open Time for the same or next day by calling Crew Scheduling after DOT Adds have closed and before Aggressive Reserve bidding has opened for the Domicile in which the Sequence originates.
25.M.7 A Pilot is not eligible to Add flying from Open Time, the Premium Add Folder, the Pilot Trade Board, or to be awarded a Jetway Trade that conflicts with a duty assignment, subject to the provisions below:
25.M.7.a There must be a minimum of forty-five (45) minutes between the Sequence Release Time and the departure time of another leg on the same day.
25.M.7.b If a Rest Period is required between an Added Sequence and a previously scheduled assignment, such Rest Period will be scheduled for no less than eleven (11) hours.
25.M.7.c Reserve Eligibility for Adding Flying and Reserve Days
25.M.7.c.i A Reserve Pilot is eligible to be awarded Open Time, flying from the Premium Add Folder, or an Add from the Pilot Trade Board in the same manner as a Lineholder, provided the Sequence is scheduled to operate on a Day(s) Off or on days in which the Add would not conflict with scheduled Duty, subject to Paragraph M.9.a., below, and in accordance with Paragraph M.7.c.iii., below.
25.M.7.c.ii In addition, a Reserve Pilot may add Open Time commencing on the Reserve Pilots Day(s) Off that carries into a block of Reserve Days, but at Crew Schedulings discretion. If Crew Scheduling denies such a request, they will, upon request of the Association, provide a reason in writing to the Association. Crew Scheduling will not unreasonably deny a Pilot trying to exercise this provision. If a Reserve Pilot Adds a Sequence that overlaps with any Reserve obligation and the Pilot subsequently Drops the Sequence, the Pilot will be returned to his originally scheduled Reserve Days/RDPs.
25.M.7.c.iii Buffers for Reserve PilotThe Company may assign values to each future Reserve day of work of up to three (3) hours of Flight Time and six (6) hours of flight duty period (FDP) time for the purpose of evaluating the legality of a requested pick up.
25.M.8 Reserve Days/RDPs in Open TimeThe Company may put Reserve Days/RDPs in Monthly or Daily Open Time and the Premium Add Folder in accordance with the following provisions:
25.M.8.a These Reserve Days/RDPs shall be bid on as any other open Sequence but will include a unique identifier;
25.M.8.b The Pilot shall receive the greater of four (4) hours of Pay Credit (or at least six (6) hours if placed in the Premium Add Folder), or actual or Scheduled Block, above the Monthly Bid Guarantee for each Reserve Day/RDP;
25.M.8.c Each block of Reserve Days/RDPs in Open Time must be added in its entirety and may not be split by the Pilot;
25.M.8.d The Reserve Days/RDPs added may not be Swapped, Dropped, or Traded;
25.M.8.e The Reserve Days/RDPs shall be specified as Short (including the Window) or Long Call.
25.M.8.f Each Reserve Day/RDP will have an artificial credit of three (3) hours of Flight Time and six (6) hours of FDP time for the purpose of calculating FAR limitations.
25.M.8.g Assignments shall follow the normal assignment order in Paragraph P., below.
25.M.8.h These blocks of reserve will not count as Overnightable Reserves or be included in the total number of open Duty Periods in the DDL or DAG.
25.M.9 A Pilot is not eligible to Add flying from Open Time, the Premium Add Folder, the Pilot Trade Board, or participate in a Jetway Trade that involves a Category other than the one in which he is currently qualified.
25.M.9.a In addition to the minimum scheduled Rest Periods included in Section 12.F., the following buffers will apply to initial line construction and all Open Time, Premium Add Folder, Trade and Swap transactions:
25.M.9.b It is understood and agreed that Reserve assignments must be scheduled to allow for rest as described in Paragraph M.9.a., above, (above/below), but reserve flight assignments may be scheduled without regard to the buffers set out in the table above.
25.N RESERVE LINE CONSTRUCTION, BID PROCESS, AND AWARD
25.N.1 Reserve Lines
25.N.1.a When published, Reserve Lines will include Reserve Days and Days Off. In addition, LCR, SCR, and FDO lines will each be associated with a unique identifier.
25.N.1.b By Position, if there are more than ten (10) Reserve lines, no less than fifteen percent (15%) and no more than twenty-five percent (25%) of the Reserve lines will be Long Call Reserve Lines (except that FDO Lines built as LCR lines will not be counted toward the LCR Line limitations). No less than fifteen percent (15%) and no more than twenty-five percent (25%) of the Reserve lines will be Fixed Day Off (FDO) lines, provided there are at least twenty (20) total Reserves in the Position. If there are fewer than twenty (20) total Reserve lines in a Position, FDO lines may be constructed at Company discretion. The combination of Long Call Reserve and FDO Reserve will not exceed forty percent (40%) of all Reserve lines. The Company and the Association System Scheduling Committee (“SSC”) may agree, in writing, to vary these percentages.
25.N.1.c By Position, if there are ten (10) or fewer Reserve Lines, then:
25.N.1.d Short Call Reserve Lines shall be built with no more than forty percent (40%) of the lines in the Mid- Window which shall mean RSC.
25.N.1.e Reserve Line Construction
25.N.1.e.i Short Call Reserve Lines will be built with no more than eighteen (18) RDPs in a thirty (30) day Monthly Bid Period and no more than nineteen (19) RDPs in a thirty-one (31) day Monthly Bid Period. Short Call Reserve Lines, when loaded into FLICA, will include the RDP associated with each line.
25.N.1.e.ii Long Call Reserve Lines will be built with at least twelve (12) Days Off and at least one block of three (3) Days Off in each Monthly Bid Period.
25.N.1.e.iii FDO Lines will be built with at least twelve (12) Days Off in a monthly Bid Period ( thirteen (13) Days off in a 31-Day monthly Bid Period). The first day of the FDO block of Reserve Days will be designated as Long Call. Twelve (12) (thirteen (13) in a 31-Day Monthly Bid Period) consecutive Days Off will be built into these lines, including either the first twelve (12) days of the Monthly Bid Period, the last twelve (12) days (thirteen (13) Days off in a 31-Day monthly Bid Period) of the Monthly Bid Period, or twelve (12) Days (thirteen (13) Days off in a 31-Day monthly Bid Period) Off starting on the 10th day of the Monthly Bid Period. In addition, FDO Lines will be built in multiples of three (3) (e.g., one (1) beginning, one (1) mid, one (1) end, two (2) beginning, two (2) mid, two (2) end, etc.). However, if the Company wishes to build a number of FDO Reserve lines that is not equal to a multiple of three (3), it may do so only by adding two (2) additional FDO Reserve lines to a multiple of three (3). The total number of FDO lines built must comply with the minimum and maximum percentages set out in Paragraph N.1.b., above. These two (2) additional FDO Reserve lines will be constructed with one (1) containing Days Off on the first twelve (12) days of the Monthly Bid Period and one containing Days Off on the last twelve (12) days of the Monthly Bid Period.
25.N.1.f Half Month Reserve LinesHalf Month Reserve Lines will be offered at the discretion of the Company and will be constructed to include either the first fifteen (15) Days of the Monthly Bid Period or the last fifteen (15) days of the Monthly Bid Period, and may be offered as SCR, LCR, or FDO lines. Half Month Reserve Lines will not count toward the limitations in Paragraph N.1.b., above. Half Month Reserve Lines will not be involuntarily awarded to a Pilot. If Half Month FDO Lines are constructed, the Parties will collaboratively determine how the lines will be constructed.Example: A Pilot who was awarded a long call Reserve Line in the previous Monthly Bid Period will remain a long call Reserve in the current Monthly Bid Period until the Pilot receives a Calendar Day Off in Domicile.
25.O DAILY OPEN TIME (DOT) PROCEDURES
25.O.1
25.O.1.a DOT will consist of any RDPs placed into Open Time per Paragraph M.8., above, and/or Sequences remaining after Relief Lines are built, and/or Drops of any kind, and/or any other unanticipated flying occurring during the Monthly Bid Period. For the first twenty-four (24) hours a Sequence is in Open Time, Sequences can only be awarded to Pilots (through Open Time or Aggressive Reserve) or assigned to Reserves in the Domicile it was originally constructed for (i.e. a Sequence that either appeared in the Domicile Monthly Bid Package, a derivative of the Sequence that appeared in the Monthly Bid Package, or a Sequence that is built during the month that originates in a particular Domicile). Sequences in Open Time for more than twenty four (24) hours may be bid by and awarded to Pilots from any Domicile. (See Paragraph O.7., below, for further provisions.)
25.O.1.b The Company may place blocks of Reserve days in Open Time (i.e. two (2) Reserve Days, three (3) Reserve days, etc.). A Pilot will not be eligible to split published blocks of Reserve days in Open Time. Blocks of Reserve days will not be included in the total number of Overnightable Reserves or count towards the total number of Duty Periods in the DDL/DAG. Each Day in a block of Reserve days will be paid at the greater of four (4) hours or actual Pay Credit accrued. A Reserve Pilot who picks up a block of Reserve Days on his Days Off will be paid for this credit above the Monthly Pay Guarantee. Each Day in a block of Reserve Days placed in Open Time will have an artificial credit of three (3) hours of Block Time and six (6) hours of FDP Time.
25.O.2 During Daily Open Time, Pilots may Drop, Swap, Trade and Add. Drops and portions of Swaps that do not overlap are subject to the DDL and Drop Availability Grid (“DAG”) as specified in Paragraphs M.4., above, and Paragraph O.3.c., below. However, for individual days of a Sequence that overlap with a Swapped Sequence, the DDL or the limitations of Paragraph M.4., above, shall not apply.
25.O.3 Schedule
25.O.3.a DOT will be available for bidding as of 0900 on the 25th of each month for Captains and as of 0900 on the 26th of each month for First Officers.
25.O.3.b Any Drop request submitted prior to 0930 LDT four (4) Days prior to the departure of the legs being Dropped (e.g., Tuesday for a Saturday departure) shall be honored if the DDL has not been met.
25.O.3.c Between 0930 LDT four (4) Days prior and 0930 LDT the day prior to the departure of the legs being Dropped, any Drop requests shall be subject to the DAG.
25.O.3.c.i The DAG shall show the number of Sequences that may be Dropped in each Window (as defined in Paragraph V., below). A Duty Period that spans midnight shall be counted as an open Duty Period only on the Calendar Day in which it begins.
25.O.3.c.ii For Denver or Domiciles with greater than ninety (90) average daily Duty Periods, the DAG Drop number shall be based on maintaining three (3) Reserves in each Window, plus one (1) additional Reserve in any Window or Long Call, over and above any Drops allowed. This net reserve number may grow in proportion to the number of Duty Periods and shall be reviewed and mutually agreed upon by the Company and the Association quarterly.
25.O.3.c.iii For Domiciles other than Denver with fifty-one (51) to ninety (90) average daily Duty Periods (based on the final Sequence solution), the DAG Drop number shall be based on maintaining two (2) Reserves in each Window (except for a Window to which no reserves were awarded) plus one (1) additional Reserve in any Window or one (1) Long Call Reserve, over and above any Drops allowed. This net reserve number shall be reviewed and mutually agreed upon by the Company and the Association monthly.
25.O.3.c.iv For Domiciles other than Denver with one (1) to fifty (50) average daily duty periods, the DAG Drop number shall be based on maintaining one (1) Reserve in each Window (except for a Window to which no reserves were awarded) plus one (1) additional Reserve in any Window or one (1) Long Call Reserve, over and above any Drops allowed. This net reserve number shall be reviewed and mutually agreed upon by the Company and the Association monthly.
25.O.3.d After 0930 LDT the Day prior, Drops shall be allowed at the discretion of Crew Scheduling
25.O.3.e Trades with other Pilots shall be allowed until three (3) hours prior to the scheduled departure time of the earliest leg being Traded. Notwithstanding Paragraph M.5., Trades shall be submitted through the Pilots Trade Board.
25.O.3.f Open Time transactions into the following Monthly Bid Periods transition period will not be processed until the 13th at 1700 due to the inability of the DAG to be applied when the next months flying has not been created. For example, on August 24th at 0900, Septembers DOT becomes available, but Sequences cannot be dropped into Octobers transition period until September 13th at 1700.
25.O.4 Daily Open Time shall be bid and awarded through the Electronic Bid System on a real-time, first-come/first-served (FC/FS) basis. Until Sequence splitting is automated, split requests may not always be processed FC/FS with non-split requests. Until Sequences splitting is automated, the Company shall staff Crew Scheduling for the purpose of processing split requests to ensure splits are processed expeditiously between the hours of 0700-2300 LT. Further, to facilitate real time processing, the Company shall dedicate two (2) schedulers to DOT processing on the 25th and 26th of the month. The Association is entitled to have a representative present to observe DOT processing. The Company agrees to automate the Sequence-splitting process as soon as possible.
25.O.5 Multi-day Sequences Dropped by Pilots may be split in DOT in accordance with the following:
25.O.5.a After a Sequence has been in DOT for forty-six (46) hours, Pilots may split Sequences and pick up any portion of a Sequence.
25.O.5.a.i The Sequences must be split in the originating Domicile.
25.O.5.a.ii One day Sequences and CDOs shall not be split.
25.O.5.a.iii Two (2) or three (3) day Sequences may be split one (1) time.
25.O.5.a.iv Four (4) and five (5) day Sequences may be split two (2) times.
25.O.5.b After a Sequence has been in DOT for a total of seventy-two (72) hours, Crew Scheduling may also split the Sequence in accordance with the following:
25.O.5.b.i One (1) day Sequences and CDOs shall not be split.
25.O.5.b.ii Two (2) or three (3) day Sequences may be split one (1) time.
25.O.5.b.iii Four (4) and five (5) day Sequences may be split two (2) times.
25.O.5.b.iv Crew Scheduling may split Sequences further only if the Sequences remain in the Daily Open Time pool for more than ninety-six (96) hours.
25.O.6 The Company may combine Sequences in accordance with the Sequence construction and Pay Credit rules of this Section and Section 3. The new Sequences shall be immediately placed into Daily Open Time, may be placed in the Premium Add Folder, made available to Aggressive Reserve, or assigned to a Reserve in accordance with this Section. Both of the Sequences to be combined must meet the following:
25.O.6.a the Sequence has been in Daily Open Time for more than seventy-two (72) hours; or
25.O.6.b the Sequence is Dropped into Open Time two (2) or three (3) days prior to the start of the Sequence and has been in Daily Open Time for more than twenty-four (24) hours; or
25.O.6.c the Sequence is available to Reserve Pilots in accordance with the examples below:Example 1: It is 1600 on December 10th. Sequence 3000 which starts on December 25th (an SLC overnight) has been in Daily Open Time for more than seventy-two (72) hours and Sequence 3001 which starts on the 26th (an MCI round trip) has also been in Daily Open Time for more than seventy-two (72) hours. These individual Sequences (3000 and 3001) may be combined by Crew Scheduling to create a new two (2) day Sequence 3800 starting on December 25th. This new Sequence 3800 will then be placed back into DOT.Example 2: It is 0945 on December 10th. Sequence 3002 which starts on December 11th (an LAS overnight) is no longer available for Daily Open Time bidding because it is after 0930 the day before it starts. Sequence 3003 which starts on December 12th (a PHX overnight) has been in Daily Open time since 0900 on December 9th (in Open Time more than twenty-four (24) hours and was Dropped three (3) days prior to the start of the Sequence). These individual Sequences (3002 and 3003) may be combined to create a new three (3) day Sequence 3801 which starts on December 11th. The new Sequence in this example will be made available for Aggressive Reserve bidding at 1030 on December 10th.Example 3: It is 0930 on December 10th. Sequence 3004 which starts on December 11th (an SLC round trip) and Sequence 3005 which starts on December 11th (an OMA overnight) are both uncovered. In this example, these Sequences (3004 and 3005) are no longer available to Lineholders in Daily Open Time and at 1030 will be made available to Reserve Pilots in accordance with the Reserve assignment rules of this Section. Regardless of the length of time that these individual Sequences have been in Open Time, these Sequences may be combined to create a new two (2) day Sequence 3802 which starts on December 11th. The new Sequence in this example will be made available for Aggressive Reserve bidding at 1030 on December 10th.
25.O.7 If a Sequence: 1) has been in Daily Open Time for more than seventy-two (72) hours, or 2) is Dropped into Open Time two (2) or three (3) Days prior to the start of the Sequence and has been in Daily Open Time for more than twenty-four (24) hours, or 3) is available to Reserve Pilots in accordance with this Section, then the Company may add Deadhead legs to and from a different Domicile. The new Sequence shall be immediately placed into the Sequences Domiciles Daily Open Time, made available to Aggressive Reserves or assigned to a Reserve in accordance with this Section.
25.O.8 All Sequences will no longer be available to bid through the Electronic Bid System by Lineholders at 0930 LDT the Day prior and will be made available to Reserves at 1030 LDT the Day prior to the start of the Sequence or remaining portion of a Sequence. For Swaps involving flying or Reserve Days/RDPs, all elements of the Swap request (i.e. the work being added and the work being removed) must be scheduled to occur within the same Monthly Bid Period.
25.P REASSIGNMENT - GENERAL
25.P.1 For the purpose of Reassignment pursuant to this Paragraph P., a Reserve Pilot flying a Sequence outside of his Reserve obligation or a Reserve Pilot on an Aggressive Reserve Award will be considered a Lineholder for the entirety of the awarded Sequence, subject to Paragraph T.8., below.
25.P.2 Flying is Removed or CanceledIf a Lineholder is removed from a Sequence (or portion thereof) regardless of whether the flight(s) cancels or operates, he may be Reassigned. A Pilot will be considered to be Reassigned if he is directed to operate or Deadhead on a leg or legs that were not part of his original Sequence. A Pilot will not be considered to be Reassigned if he operates a flight on which he was originally scheduled to Deadhead or is directed to Deadhead on a flight which he was originally scheduled to operate.
25.P.2.a If the Reassignment following a cancellation or removal occurs in the Pilots Domicile, the Reassignment must be scheduled within the Footprint of the originally scheduled Sequence.
25.P.2.b If the Reassignment following a cancellation or removal occurs outside of the Pilots Domicile, the Reassignment must be scheduled within the Footprint of the originally scheduled Sequence; however, if the Reassignment occurs during the last Duty Period of a Pilots Sequence or at a point in time when, for reasons beyond the control of the Company, the Company cannot reasonably arrange for a Pilot to replace the Reassigned Pilot and/or return the Reassigned Pilot to Domicile, he will be returned to Domicile as soon as practical, at which point the Pilot will be released subject to the limitations of Paragraph Q.2., below, if applicable.See Appendix for details of grievance settlement
25.P.2.c In a situation where a Pilot is Reassigned following a cancellation or removal and the Pilot does not return to Domicile within three (3) hours of the originally scheduled Sequence Release Time pursuant to P.2.b., above, the Pilot will be paid at one hundred fifty percent (150%) over the Pilot’s Monthly Pay Guarantee for the legs (Deadhead or flown) that are scheduled to or actually arrive three (3) hours after the original Sequence Release Time up to 0200 on a Pilot’s Day Off, in addition to any other Pay Credit due for the Sequence. If the Sequence Release time is after 0200 on a Pilot’s Day Off, then one hundred fifty percent (150%) would not be paid on the legs extending three (3) hours beyond the end of the originally scheduled Sequence Release Time, and the Pilot would instead be compensated in accordance with Paragraph Q., below.Example 1: A Pilot has a 2-Day Sequence with a scheduled Sequence Release Time of 1600. On Day 2, the Pilot is scheduled to fly from AUS to SFO to LAX to DEN. When the Pilot arrives in SFO, he is advised that another Pilot who overnighted in SFO has called in sick, and the departure time for the sick Pilot is earlier than the departure time for the Pilot on Day 2. The Company is Deadheading a Reserve to SFO to complete the LAX and DEN legs, and the Pilot who had been scheduled to fly to LAX and DEN will instead fly to PDX and then DEN, delaying his Sequence Release Time by 4 hours. The Pilot will be compensated at 150% for the legs that touch or occur after 1900 (3 hours beyond the Pilot’s original Sequence Release Time).
25.P.3 Flying is Not Removed or CanceledIf a Lineholder has not been removed from a Sequence (or portion thereof) in conjunction with a Reassignment pursuant to Paragraph P.2., above, but additional flying (i.e., legs that are not part of the Pilot’s originally scheduled Sequence) “can be added” within the Footprint of the Pilot’s originally scheduled Sequence, the Pilot may be Reassigned to perform such flying. The phrase “can be added” shall mean that the additional flying is scheduled to be completed prior to the Pilot’s original Sequence Release Time and is scheduled so that it does not cause a delay in the Pilot’s original Sequence Release Time. Flying added pursuant to this Paragraph P.3.must comply with all of the following limitations:
25.P.3.a The flying will not be added outside of the Footprint of a Pilot’s original Sequence for any reason; and
25.P.3.b The flying will not originate in any Pilot Domicile; and
25.P.3.c The flying became available after 0930 LT on the Calendar Day prior to the Calendar Day in which the added flying commences, notwithstanding Paragraph K., above.
25.P.3.d A Pilot will be paid for one hundred fifty percent ( 150% ) of the value of any added flying in addition to all other Pay Credit accrued for the Sequence and above the Pilot’s Monthly Pay Guarantee.Example 1: A Pilot is scheduled to fly MCO-ATL-TTN with a 22 - hour layover in TTN. Upon arrival in TTN, Crew Scheduling (due to a cancellation that just occurred) has left a voicemail and electronic notification adding an RDU turn (TTN-RDU-TTN) to the Pilot’s schedule. This would be a legal Reassignment because the assignment is within the Footprint of the Sequence, did not originate in any Pilot Domicile, and the added flying became available after 0930 on the Calendar Day prior to the start of the added flying.If the Pilot is on a Sequence that will be paid based upon the Trip Rig, and the Sequence is worth 18 hours, and if the TTN-RDU turn has a Pay Credit of 3 hours, the Pilot will receive Pay Credit for the Sequence in accordance with Section 3, and the Pilot will also be paid 4.5 hours for the added turn (i.e., 3 hours at 150%) for a total of 22.5 hours of Pay Credit for the Sequence and, in addition, if the Pilot’s Monthly Pay Guarantee is 87 hours, the Pilot will be paid for 91.5 hours.Example 2: A Pilot has a 2 - Day Sequence. The Pilot is advised by Crew Scheduling that upon return to Domicile at the conclusion of his Sequence, he is being scheduled for additional flying. This assignment would not be contractually compliant because no Reassignment may occur following the Pilot’s arrival in Domicile at the conclusion of his originally scheduled Sequence.Example 3: A Pilot is scheduled for a 4 - Day Sequence. On Day 3, the Pilot is scheduled for a 20 - hour layover in DEN (which is a Pilot Domicile). There is an unassigned DEN to LAS to DEN turn that the Pilot could fly within the other limitations of this Agreement. However, since Denver is a Pilot Domicile, Crew Scheduling is not allowed to Reassign the turn to this Pilot without removing flying in conjunction with a Reassignment, pursuant to this Paragraph P.3. However, the Pilot may voluntarily add the LAS turn from the Premium Add Folder and would be paid for the turn in accordance with Paragraph P.3.d. , above.Example 4: A Reserve Pilot has added flying on a Day (s) prior to a series of RDPs in which the Pilot is scheduled for RSC. The Pilot is Reassigned and delayed into his first RDP. The Pilot would be paid at 150%, above the Pilot’s Monthly Pay Guarantee, for all legs (Deadheaded or flown) that are scheduled to or actually arrive three (3) hours after the original Sequence Release Time. Following return to his Domicile, the Pilot will be available for, and paid for, reserve assignments consistent with the applicable provisions of this Agreement.Example 5: A Pilot is Reassigned and then delayed into a Day in which he is scheduled to fly another Sequence, but the Pilot will have a legal Rest Period prior to reporting for that Sequence. In this case, the Pilot will be paid at 150% over the Pilot’s Monthly Pay Guarantee for the leg (s) (Deadheaded or flown) that are scheduled to or actually arrive three (3) hours after the original Sequence Release Time.
25.P.4 Notification of ReassignmentWithin the constraints of Paragraph A., above, Crew Scheduling will attempt prompt notification of a Pilot when his schedule is changed due to a cancellation and/or removal.
25.P.4.a In any DomicileIf the cancellation or removal occurs in any Domicile, the Company must attempt notification within one (1) hour of the latest of:
25.P.4.a.i Scheduled Report Time; or
25.P.4.a.ii Block In of the last leg; or
25.P.4.a.iii the cancellation or removal of the flight; as applicable, or the Pilot will resume his originally scheduled flying in that Duty Period or be released for a legal Rest Period before any Reassignment occurs (or resume his originally scheduled flying following the Rest Period). If the Company has attempted notification within one (1) hour of Paragraphs P.4.a.i.-iii., above, the Pilot must be Reassigned to a flight that is scheduled to depart within three (3) hours of the latest of Paragraphs P.4.a.i.-iii., above, or the Pilot will be released for a legal Rest Period. If a Pilot begins a Rest Period, then the Pilot will, upon completion of the Rest Period, either contact Crew Scheduling or check for electronic notification of a Reassignment. When the Pilot makes contact with Crew Scheduling following the legal Rest Period, his Duty Period will commence, unless Crew Scheduling puts the Pilot back into rest. Nothing herein prevents the Company and Pilot from mutually agreeing to reset the Rest Period so long as the Pilot receives required rest prior to commencing a Flight Duty Period.
25.P.4.b In an OutstationIf the cancellation or removal occurs at an outstation, the Company must attempt notification within one (1) hour of the latest of:
25.P.4.b.i Scheduled Report Time; or
25.P.4.b.ii Scheduled departure time of the affected (cancelled/removed) flight on the Pilots schedule; or
25.P.4.b.iii Block-In of the last leg; or
25.P.4.b.iv The cancellation or removal when the cancellation or removal occurs after the Sequence Report Time;as applicable, or the Pilot will resume his originally scheduled flying in that Duty Period or be released for a legal Rest Period before any Reassignment occurs (or resume his originally scheduled flying following the Rest Period). If the Company has attempted notification within one (1) hour of Paragraphs P.4.b.i.-iv., above, the Pilot must be Reassigned to a flight that is scheduled to depart within three (3) hours of the latest of Paragraphs P.4.b.i.-iv., above, or the Pilot will be released for a legal Rest Period. If a Pilot begins a Rest Period, then the Pilot will, upon completion of the Rest Period, either contact Crew Scheduling or check for electronic notification of a Reassignment. When the Pilot makes contact with Crew Scheduling following the legal Rest Period, his Duty Period will commence, unless Crew Scheduling puts the Pilot back into rest. Nothing herein prevents the Company and Pilot from mutually agreeing to reset the Rest Period so long as the Pilot receives required rest prior to commencing a Flight Duty Period.
25.P.5 Crew Scheduling cannot combine two or more Sequences into a single Sequence through Reassignment. When the scheduled termination of a Sequence is delayed and results in a conflict with a Pilots subsequent Sequence, the Pilot must be provided with a legal Rest Period in Domicile, and then will either be released from the remainder of the second Sequence, or be Deadheaded to rejoin his Sequence, or resume flying the Sequence if it operates through the Pilots Domicile.
25.P.6 Reassignment for FAR Conflicts
25.P.6.a A Pilot who must be Reassigned to prevent an FAR 117 conflict and who is removed from flying in a location other than a Pilot Domicile may be Reassigned in accordance with Paragraph P.2., above.
25.P.6.b A Pilot who must be Reassigned to prevent an FAR 117 conflict and who is removed from flying in a Domicile will not be Reassigned to operate flying that was not part of his original Sequence, however, the Pilot may:
25.P.6.b.i Be released into a Day(s) Off, or
25.P.6.b.ii Be assigned to Deadhead to rejoin his Sequence, or
25.P.6.b.iii Resume his Sequence without Deadheading, or
25.P.6.b.iv Be assigned to operate a single leg to rejoin his Sequence.Example 1: A Pilot is scheduled to fly from MCO to PHL, and then PHL to ORD, and then ORD to DEN on the second day of a Sequence. If the Pilot must be removed from the MCO/PHL leg, he may be required to operate from MCO to DEN.Example 2: A Pilot is scheduled to fly consecutive 2-day Sequences with a 12-hour break between the two Sequences. The Pilot is delayed on Day 2 of the first Sequence and returns to Domicile 9 hours prior to his next Report Time. The Pilot is removed from a portion of the second Sequence because FAR 117 requires that the Pilot receive at least ten (10) hours of rest. The Company may release the Pilot from the Sequence, schedule him to resume the Sequence when it passes through his Domicile, or schedule him to Deadhead to rejoin his Sequence after receiving the required rest.
25.P.7 Marketing Time ChangeIn the event of a marketing time change to a Pilots scheduled Sequence, the Pilot may be scheduled to report up to one (1) hour earlier than the original Sequence report time and may be scheduled to be released up to one (1) hour later than the original Sequence release time. However, notification of the Pilot shall be in accordance with Paragraph A.3., above.
25.P.8 A Lineholder cannot be Reassigned to Reserve. A Reserve Pilot on an Aggressive Reserve award cannot be assigned to Reserve within the Footprint of the Aggressive Reserve award.
25.P.9 HotelA Lineholder or a Reserve Pilot who is on an Aggressive Reserve award, or who has Added Open Time, flying from the Premium Add Folder or the Pilot Trade Board, who is rescheduled for a Rest Period in his Domicile during the Footprint of a Sequence will be provided with a hotel room upon request of the Pilot.
25.P.10 Reassignment to Back Side of Clock, Split Duty, or CDOA Pilot may not be Reassigned to a Sequence that includes a Split Duty, CDO or Red-eye unless the Sequence originally included a Split Duty, CDO or Red-eye without Pilot concurrence.
25.P.11 Reassignment Options When Reassignment is Known Prior to 1330 Day Prior (AVA)If a Pilot is available for Reassignment prior to 1330 LDT the Day prior to the start of a Sequence, unless he has been Reassigned to rejoin his original Sequence in Domicile or via a Deadhead, the following shall apply :
25.P.11.a The Pilot may pick up Open Time to replace the cancelled flying with an equivalent number of Duty Periods, and shall be pay protected for the greater of the value of the Pilot's originally scheduled Sequence or what the Pilot actually credits; or
25.P.11.b The Pilot may choose to be released without pay protection for the cancelled flying, provided he advises the Company of his desire to exercise this option by 1330 on the Day prior; or
25.P.11.c The Pilot will contact Crew Scheduling between 1600-2000 LDT the Day prior to each Day of the original Sequence for Reassignment unless that time conflicts with a Pilot's flight-related obligations, simulator period, or during a required Rest Period. In that case, a Pilot will check for notifications at the conclusion of such duty or Rest Period. The Company will provide a hotel room in Domicile, if requested by the Pilot, for each night of the original Sequence. The Company may elect to release the Pilot with pay and no further obligation. The Pilot will be paid the scheduled credit value of the original Sequence or the combined Pay Credits of the Reassigned Sequence, whichever is greater.
25.P.11.d If the Pilot picks up Open Time, either prior to or after the canceled flying, that does not allow for Rest in accordance with Section 12.F. then the Pilot will be pay protected for the greater of the value of the Pilot's originally scheduled Sequence or what the Pilot actually credits.
25.Q DELAY INTO A DAY OFF
25.Q.1 If, for reasons beyond the control of the Company, a Pilot is delayed beyond 0200 LDT on a Day Off, he will receive five (5) hours of Pay Credit, in addition to all other Pay Credit for the Sequence, and in addition to the Pilot's Monthly Pay Guarantee. The Pilot will also receive an additional five (5) hours of Pay Credit for each additional Day that he is not returned to Domicile by 0200 LDT after that in addition to all other Pay Credit for the Sequence, and in addition to the Pilot's Monthly Pay Guarantee. Further, if the Pilot is not returned to Domicile by 1600 LDT on the first Day Off, he will receive an additional vacation day, and an additional vacation day at the beginning of each Calendar Day that he is not returned to Domicile thereafter.
25.Q.2 A Pilot who is delayed into a Day Off may be scheduled for a maximum of two (2) legs on his Day (s) Off (flown or Deadhead) prior to his arrival in Domicile. This two (2) leg limitation does not apply to originally scheduled legs that are delayed into a Day Off.
25.Q.3 A Pilot who is entitled to one or more vacation days pursuant to this provision will have the option of using such vacation day(s) in the current year or the following year, or to be paid out for the day (s). If the Pilot elects to use the vacation day, it must be added to an existing vacation period. If a Pilot wishes to be paid out, he must contact Payroll, and the payout will occur on January 5 of the following year.
25.R RESERVE–GENERAL
25.R.1 Reserves may be used for all scheduled and nonscheduled flying, including simulator training events.
25.R.2 Any Open Time or simulator training event not awarded or assigned through the Aggressive Reserve or Reassignment processes (subject to 25.X.1.) may be assigned according to the Extension provisions of Paragraph R.4., below. If not assigned according to the Extension provisions, the Sequence (or portion thereof) shall be assigned in accordance with the following order (except that if assignment of a Reserve Pilot excluding Aggressive Reserve awards, will result in Pay Credits in excess of seventy-five (75) hours for a Monthly Bid Period, that Reserve Pilot may, at Crew Schedulings option, be bypassed for assignment):
25.R.2.a Reserve Pilots who need to complete their Consolidation of Knowledge and Skills (FAR 121.434), High Minimums (FAR 121.652) (unless forecast weather is below the High Minimums limitations), recurrent line checks, or Currency (FAR 121.439) may be assigned Sequences out of the order required by paragraph c. below, to ensure that FAR requirements are met. If a Reserve Pilot has not accumulated at least fifty (50) Block hours toward the Consolidation of Knowledge and Skills requirement within ninety (90) Days of his Proficiency Check, the Company may assign him out of the normal Reserve assignment order until he completes his Consolidation of Knowledge and Skills requirement.
25.R.2.b In seniority order to Reserve Pilots who have identified themselves as Want to Fly. Reserve Pilots who wish to be on the Want to Fly list shall call Scheduling by 1200 LDT the day prior. The Reserve Pilot may be assigned a Sequence in any Window by mutual agreement between the Reserve Pilot and Scheduling.
25.R.2.c For each Reserve call-out category (Long Call and Short Call), Reserves will be placed in availability buckets based on the number of available Reserve Days or RDPs as applicable. FDO Reserves will be given assignments at the Companys discretion, except that the last six (6) Days of the FDOs work Days will be assigned in accordance with the bucket system. A Pilot who reports for an assignment but is not used shall be considered to have completed an assignment for the purpose of FIFO.Example 1: Among the Short Call Reserves, a Pilot with 2 remaining RDPs in his current block of RDPs will be placed in the 2-day bucket.Example 2: A long call FDO reserve with 6 days of availability remaining will be in the same bucket as other long call reserve pilots who have 6 days of availability. If the FDO is moved to C short call reserve when he has 5 work days remaining, he will be placed in the bucket with other C short call reserves who have 5 work days remaining.
25.R.2.c.i If a Sequence is in Open Time more than twelve (12) hours prior to the scheduled Report Time, the Company will attempt to assign the Sequence to a Long Call Reserve. The Company will attempt to assign the Sequence to a Reserve Pilot in the bucket that exactly matches the number of days of the Sequence. If no Pilots are available with the exact number of days available to match the Sequence, the Company will proceed to the bucket that contains Reserve Pilots whose days of availability are equal to the Sequence length plus one (1) day. The Company will continue with this progression until the Sequence is assigned or until there are no more Long Call Reserves to consider for the assignment. If there is more than one (1) Reserve Pilot in a bucket, the assignment will be made based on the priorities as specified in Paragraphs R.2.c.i. b), below. If the Sequence is not assigned to a Long Call Reserve, Crew Scheduling will proceed to Short Call Reserves as described in Paragraph R.2.c.ii., below.
25.R.2.c.i.a Reserve Pilots who are legal (per FARs and the Agreement) to operate the entire Sequence, then
25.R.2.c.i.b First In/First Out (FIFO). That is, the first Reserve Pilot to be released from a Reserve flying assignment shall be the first Reserve Pilot assigned to a flying assignment.
25.R.2.c.ii If a Sequence is in Open Time less than twelve (12) hours prior to the scheduled Report Time, the Company will attempt to assign the Sequence to a Short Call Reserve in the bucket that exactly matches the number of days of the Sequence. If no Pilots are available with the exact number of days available to match the Sequence, the Company will proceed to the bucket that contains Reserve Pilots whose days of availability are equal to the Sequence length plus one (1) day. The Company will continue with this progression until the Sequence is assigned or until there are no more Short Call Reserves to consider for the assignment. If there is more than one (1) Reserve Pilot in a bucket, the assignment will be made based on the priorities as specified in Paragraphs R.2.c.ii.a-b, below. If the Sequence is not assigned to a Short Call Reserve, Crew Scheduling may split the Sequence and begin the Reserve assignment process at Paragraph R.2., above, over again.
25.R.2.c.ii.a Reserve Pilots who are legal (per FARs and the Agreement) to operate the entire Sequence, then
25.R.2.c.ii.b First In/First Out (FIFO). That is, the first Reserve Pilot to be released from a Reserve flying assignment shall be the first Reserve Pilot assigned to a flying assignment.
25.R.3
25.R.3.a When a Reserve Pilot, including a Reserve Pilot who flew an Aggressive Reserve award,completes an assignment, he must contact Crew Scheduling to be released to rest or begiven a new assignment within one (1) hour of scheduled Block In and must be scheduled to depart within four (4) hours of the scheduled Block In time of the last Reserve assignment.
25.R.3.b This provision does not apply to:
25.R.3.b.i A Reserve Pilot who is operating a Sequence pursuant to an Aggressive Reserve award that ends on a Calendar Day that does not include any Reserve obligation; or
25.R.3.b.ii A Reserve Pilot who Adds Open Time, including an Add via the Premium Add Folder or an Add from the Pilot Trade Board ending on a Calendar Day that does not include any Reserve obligation.Note: A Reserve Pilot who Adds flying from Open Time or via the Premium Add Folder or an Add from the Pilot Trade Board and who will have a legal Rest Period without adjusting the start of his next reserve obligation is not required to contact Crew Scheduling after completing the assignment.Example 1: A Pilot Adds a Sequence from Open Time that ends on a Day in which the Pilot had been scheduled for RSA. The scheduled Sequence Release Time is 1800. The Pilot is required to contact Crew Scheduling at the end of the assignment because he had a reserve obligation on that Calendar Day.Example 2: A Pilot Adds a Sequence from Open Time that ends on a Day in which the Pilot is scheduled for RSD. The scheduled Sequence Release Time is 0400. The Pilot is not required to contact Crew Scheduling at the end of the assignment because he will have a legal Rest Period (without adjusting the start of his next reserve obligation).
25.R.4 Reserve ExtensionA new assignment may be given outside the normal order (Extended) in Paragraph R.2., above, under the following conditions:
25.R.4.a A Pilot may be Extended only once per block of Reserve Days for an overnight assignment, and the extension shall include no more than one (1) layover. Additionally, the Pilot shall be returned to Reserve status (in accordance with Paragraph R.3.a., above, or Paragraphs S.3. or Paragraph T.3., below) or released from duty at the first point that the assignment returns to his Domicile after the layover.
25.R.4.b A Short Call Reserve shall be Extended prior to a Long Call Reserve unless there is a Long Call Reserve available on his last day.
25.R.4.c A Short Call Reserve shall not be Extended on the last day of a block of Reserve Days.
25.R.4.d A Reserve shall not be Extended after an overnight Duty Period (i.e. CDO, Split Duty, or Red-Eye).
25.R.4.e A Reserve will not be Extended back-to-back (i.e. out of order more than once per day or Duty Period), except to maintain schedule integrity.
25.R.4.f If there are multiple Reserve Pilots available under the above conditions, the priority order shall be:
25.R.4.f.i Assign to Want to fly Reserves in seniority order;
25.R.4.f.ii Assign in inverse order of seniority.
25.R.4.g The new assignment must be given within one (1) hour and must be scheduled to depart within four (4) hours of Block In.
25.R.5 Release from Duty
25.R.5.a Long Call Reserves shall be released no later than 1000 LDT on the last day of a block of Reserve Days unless previously given an assignment.
25.R.5.b A Reserve Pilot may be released from duty at any time with the concurrence of Crew Scheduling. This release shall be handled on an individual basis and shall not set precedent for any other Pilot or Reserve Day.
25.R.6 Reserve Pilot Eligibility to Add Flying/Reserve
25.R.6.a All Reserve Pilots are eligible to Add Open Time including Reserve Days in Open Time as well as any flying or Reserve Days in the Premium Add Folder or an Add from the Pilot Trade Board by using the Electronic Bid System.
25.R.6.b The Company may assign values to each future Reserve day of no more than three (3) hours of Flight Time and six (6) hours of Flight Duty Period (FDP) to determine whether a Reserve Pilot is eligible for a requested Add considering the limitations set out in the Paragraph M.9.a. buffer table, above.Example: A Reserve Pilot has 2 consecutive Days Off followed by a block of 4 days of Reserve. The Company will evaluate whether the Pilot is eligible to be awarded the additional flying by assuming up to 3 hours of Flight Time and 6 hours of FDP time for each future Reserve Day in the relevant time period to be considered consistent with the limitations set out in Paragraph M.9.a, above. The Company will also consider any accrued Flight Time/FDP in the relevant time period.
25.R.6.c Reserve Pilots are eligible to be awarded a Sequence that begins on a Day(s) Off and carries into a block of Reserve work days at Crew Schedulings discretion. Crew Scheduling will not unreasonably deny a Pilot making a request pursuant to this provision. If Crew Scheduling denies the Pilots request, they will, upon the request of the Association, provide a reason in writing.
25.R.6.d A Reserve Pilot who Adds flying, including Aggressive Reserve awards, as described in this sub-paragraph will be subject to the Reassignment and Pay provisions set out in Sections 3.E.-I., 3.K.-L., 3.N., and Paragraph P., above, except on any Day or RDP that the Pilot was scheduled to be on Reserve.
25.S RESERVE LONG CALL
25.S.1 Long Call Reserves must be able to report within twelve (12) hours of the initial contact (including a message left). If a message is left for the Reserve Pilot, it shall include a minimum of: LDT of notification, LDT the Pilot must acknowledge the assignment, Sequence Report Time, Sequence number, and length of Sequence.
25.S.2 Long Call Reserves must either contact Crew Scheduling or electronically self-notify to acknowledge their assignment within two (2) hours of initial contact. If a Reserve Pilot will be out of contact for longer than two (2) hours, he shall notify Crew Scheduling in advance with the length of time he is expected to be out of contact.
25.S.3 A Long Call Reserve shall be returned to Long Call status upon completion of an assignment unless given a new assignment or moved to Short Call Reserve.
25.S.4 Long Call Reserves may be moved to Short Call Reserve:
25.S.4.a for six (6) RDPs per Monthly Bid Period with no pay adjustment. For any additional moves to Short Call Reserve, the Pilot shall be Pay Credited one (1) hour in addition to the Monthly Pay Guarantee
25.S.4.b for not more than two (2) consecutive RDPs;
25.S.4.c upon return from an assignment. In such case the RDP shall be limited to ten and one-half (10.5) hours, including the Duty Period of the assignment;
25.S.4.d never on the last day of a block of Reserve Days.
25.S.5 Long Call Reserves may participate in Aggressive Reserve as described in Paragraph T.8., below.
25.T RESERVE SHORT CALL
25.T.1 Short Call Reserves must be able to report within two (2) hours of notification. In the event that less than two (2) hours of notification is given, the Pilot shall be expected to report as soon as possible.
25.T.2 For up to two (2) hours at the beginning of an RDP, a Short Call Reserve may elect to be considered notified and available to report within two (2) hours of contact (including a message) from Crew Scheduling. A Pilot who uses this provision will notify Crew Scheduling in advance. A Pilot utilizing this provision will be expected to be at his Domicile airport within two (2) hours of the beginning of his RDP.
25.T.3 The following RDPs shall be used to ensure Reserves are aware of and receive legal rest (all times are LDT). To accommodate marketing changes, the RDP times may be modified prior to the Monthly Bid Period by no more than plus or minus one hundred twenty (120) minutes from the times established in this Agreement for each RDP, by Domicile. These modifications must be published in the Monthly Bid Package.
25.T.3.a A RDP shall be from 0500-1530. On the first Day of any assignment, the Report Time shall not be prior to 0500 and the assigned Duty Period shall not be scheduled to extend beyond 1900. On the last Day of a block of RDPs, the assigned Duty Period shall not be scheduled to extend beyond 2359 unless the first Day of a Reserve assignment occurs on the last Day of a block of RDPs (in which case the Pilot will be scheduled to be released no later than 1900).Example 1: The A RDP time is modified to 0700 to 1730. The Pilot has 2 Days of reserve availability remaining and is given a 2 - Day reserve Sequence. The Pilot must be scheduled to complete the Sequence by 2359.Example 2: The A RDP time is modified to 0700 to 1730. The Pilot has one Day of reserve availability remaining and is given a 1-Day Sequence. The Pilot must be scheduled to complete the Sequence by 2100.
25.T.3.b B RDP shall be from 0900-1930. On the first Day of any assignment, the Report Time shall not be prior to 0900 and the assigned Duty Period shall not be scheduled to extend beyond 2300. On the last Day of a block of RDPs, the assigned Duty Period shall not be scheduled to extend beyond 2359 unless the first Day of a Reserve assignment occurs on the last Day of a block of RDPs (in which case the Pilot will be scheduled to be released no later than 2300).Example 1: The B RDP time is modified to 0800 to 1830. The Pilot has 2 Days of reserve availability remaining and is given a 2 - Day reserve Sequence. The Pilot must be scheduled to complete the Sequence by 2359.Example 2: The B RDP time is modified to 0800 to 1830. The Pilot has one Day of reserve availability remaining and is given a 1-Day Sequence. The Pilot must be scheduled to complete the Sequence by 2200.
25.T.3.c C RDP shall be from 1200 -2230. On the first Day of any assignment, the Report Time shall not be prior to 1200 and the assigned Duty Period shall not be scheduled to extend beyond 0200. On the last Day of a block of RDPs, the assigned Duty Period shall not be scheduled to extend beyond 0200 unless the first Day of a Reserve assignment occurs on the last Day of a block of RDPs (in which case the Pilot will be scheduled to be released no later than 0200).Example 1: The C RDP time is modified to 1330 to 0000. The Pilot has 2 Days of reserve availability remaining and is given a 2 - Day reserve Sequence. The Pilot must be scheduled to complete the Sequence by 0200.Example 2: The C RDP time is modified to 1330 to 0000. The Pilot has 3 Days of reserve availability remaining and is given a 1-Day Sequence. The Pilot must be scheduled to complete the Sequence by 0330.
25.T.3.d D RDP shall be from 1800-0100. On the first Day of any assignment, the Report Time shall not be prior to 1800. For the first Duty Period of any assignment and the last Day of a block of RDPs, the assigned Duty Period shall not be scheduled to extend beyond 0800, except for Split Duty/CDOs which may not be scheduled to extend beyond 1000.Example: A Pilot is on Reserve Monday through Saturday morning and is assigned a 3-Day Sequence starting on Thursday. The scheduled Sequence Release Time on Saturday must be no later than 0800.
25.T.3.e E RDP shall be from 2000-0300. On the first Day of any assignment, the Report Time shall not be prior to 2000. For the first Duty Period of any assignment, and the last Day of a block of RDPs, the assigned Duty Period shall not be scheduled to extend beyond 1000, except for Split Duty/CDOs which may not be scheduled to extend beyond 1200.
25.T.4 All RDPs must be preceded by a minimum of ten (10) hours of rest. For example, if an A RDP is changed to a B RDP and an assignment extends until 2200, the start of the scheduled A RDP for the next Day shall be modified to 0800.
25.T.5 Reserve Pilots shall be required to be available to be contacted only during their RDP, as well as during a Sequence as described in Paragraph A.3.b., above. Should the Pilot not be immediately available for contact during this period, the Pilot shall return any calls from Crew Scheduling received during this period within ten (10) minutes after the last telephone number attempted by Crew Scheduling or be subject to receiving an Unable To Contact (UTC). Crew Scheduling shall not be required to contact more than three (3) telephone numbers.
25.T.6 Crew Scheduling may change a Pilots RDP assignment through Positive Telephone Contact or, if the Pilot so elects, by self-notifying through the Companys self-notification tool. A Pilots RDP assignment shall only be changed to an RDP within the same Window as originally awarded unless the Pilot is being switched from a C to a B RDP , or as otherwise allowed in Paragraphs T.7.a.-d., below. Except as provided in Paragraphs T.7.a.-d., below, the start, completion, or duration times of RDPs shall not be modified except to allow for legal or contractual rest.Reserve Pilots may only be converted to an adjacent Window under the following conditions :
25.T.6.a The Pilot must be given two (2) Calendar Days notice prior to the start of the new RDP (e.g., on Monday for an RDP starting Wednesday);
25.T.6.b The Pilot must remain in the new Window for the duration of that block of Reserve Days and then will return to his originally awarded Window for the next block of Reserve Days (unless otherwise modified in accordance with this Section);
25.T.6.c Moving to or from a PM Window is only allowed for two (2) blocks of Reserve Days per Monthly Bid Period. If the move is retracted within the same Duty Period as the original notification was given, it shall not count toward this limitation;
25.T.6.d When moved to a PM Window, the RDP or the Duty Period of any assignment on the last Day of a block of days must terminate no later than 0200 LDT on the following Day or the Pilot shall be paid at one hundred fifty (150%) for all Pay Credit accrued after 0200 LDT above the Pilot’s Monthly Pay Guarantee. The Reserve Pilot shall be given the option to receive another Day Off of his choosing, except for restricted days in lieu of the one hundred fifty (150%) pay. If the Pilot has no more RDPs for the remainder of that Monthly Bid Period , he shall receive one hundred fifty (150%) pay for the assignment.Example 1 : A Pilot is on C Reserve. Crew Scheduling calls the Pilot and changes the Pilot to a B Reserve for the following day and to an A Reserve for the day after. This is a legal assignment because there are 2 Calendar Days from the time the assignment is made until the Pilot is changed to an A.Example 2 : A Pilot is on C Reserve. Crew Scheduling calls and changes the Pilot to a B Reserve. The following day , Crew Scheduling calls the Pilot and changes the Pilot to an A Reserve for the following day. This is an illegal assignment because the Pilot did not receive 2 Calendar Days before the start of his A Reserve.Example 3 : A Pilot is on C Reserve. Crew Scheduling calls the Pilot and changes the Pilot to a B Reserve for the following day and back to a C Reserve the day after. Crew Scheduling then assigns the Pilot a D Reserve 2 Calendar Days later. This is an illegal assignment because once a Pilot is changed from a C Reserve to a B Reserve , a Pilot cannot be moved to the PM window during that block of RDPsExample 4 : A Pilot is on C Reserve. Crew Scheduling calls the Pilot and changes the Pilot to a B Reserve for the following day. The next day crew scheduling calls the Pilot and changes him to a C Reserve. This is a legal assignment.
25.T.7 Aggressive Reserve shall occur as follows:
25.T.7.a Any open Sequences shall be made available to be flown by Long and Short Call Reserve Pilots (excluding FDO and 3 x 6 Reserves) and be posted by 1030 LDT on the Electronic Bid System the day prior to the start of the Sequence. Bids will close for these Sequences daily at 1330 LDT. Sequences shall be awarded no later than 1530 LDT. All bid awards shall be first among Short Call Reserves in seniority order, then among Long Call Reserves in seniority order. A Reserve Pilot will be considered notified of an Aggressive Reserve award through the award in FLICA. Once a Sequence has been awarded, it cannot be declined.
25.T.7.b Reserve Pilots may bid for desired Sequence(s) through the Aggressive Reserve process. For Short Call Reserve Pilots, the Report Time of the Sequence must fall within the Pilots scheduled Reserve Window, except by mutual agreement between the Pilot and Crew Scheduling. For Long Call Reserve Pilots, if there is a Window where the net reserves on the DAG is negative, then an assignment outside that Window is at Crew Schedulings discretion.
25.T.7.c Reserve Pilot is entitled to pick up a Sequence through the Aggressive Reserve process that starts on a Reserve work day(s) and extends beyond the Reserve Pilots Reserve obligation, subject to buffers set by the Company, but the buffers will not exceed three (3) hours of Flight Time and six (6) hours of duty per RDP or Reserve Day. In addition, a Reserve Pilot is entitled to pick up an Aggressive Reserve Sequence that matches his remaining Reserve work days or his remaining Reserve work days minus one (1). Crew Scheduling, at its discretion, will allow the Pilot to pick up of a Sequence that does not meet this limitation.
25.T.7.d Once a Sequence has been awarded to a Reserve Pilot through Aggressive Reserve, the Reserve Pilot will no longer be required to be available for contact during the original RDP in which the Sequence starts. In the case of a Long Call Reserve who receives an Aggressive Reserve award, the Pilot will not be required to be available for contact within twelve (12) hours of the scheduled Sequence Report Time. In addition, the award shall not be changed except as allowed by Paragraph T.7.e., below, unless the Pilot is assigned a new Sequence in the RDP prior to the RDP in which the awarded Sequence starts.
25.T.7.e A Reserve Pilot on an Aggressive Reserve Sequence will retain Reassignment rights identical to that of a Lineholder for the entirety of the awarded Sequence and such Reassignment rights will begin when the Pilot is awarded the Aggressive Reserve Assignment or when he has completed his previous RDP, whichever is later. The Pilot may be Extended in accordance with Paragraph R.4., above. A Pilot returning from sick leave is entitled to be returned to an awarded Sequence in Domicile that had been assigned through the Aggressive Reserve process, and in such case the Pilot with the Aggressive Reserve award will not be considered to be Reassigned and will be returned to Reserve status.
25.T.8 If a Reserve Pilot (including a Reserve Pilot operating an Aggressive Reserve award) completes an assignment within his scheduled RDP, any new assignment must be in accordance with Paragraph R., above, and this Paragraph T, and the total Duty Period must be scheduled for less than fourteen (14) hours. Unless Crew Scheduling gives the Pilot a new assignment within one (1) hour of scheduled Block In time for a flight scheduled to depart within four (4) hours of scheduled Block In time, the Pilot will be released to rest.
25.T.9 If a Reserve Pilot (including a Reserve Pilot operating an Aggressive Reserve award) completes an assignment outside of his scheduled RDP, the Pilot shall be released until the next scheduled RDP in accordance with Paragraph T.3., above. For the purposes of this Paragraph, the Pilots scheduled RDP is the last RDP that he was scheduled for (and notified of) in accordance with the provisions of this Section prior to being notified of this assignment.Example: A Reserve Pilot is notified that his RDP on Friday has been changed from a B RDP to an A RDP. After this notification of the RDP change, the Pilot is assigned and notified of a Sequence which is scheduled to end on Friday at 1730after the end of the A RDP. The Pilot then reports for and completes the assignment as scheduled. In this case, the Pilot has completed his assignment outside of his scheduled RDP.
25.T.10 Pilots may bid for any No Fly status provided by Crew Scheduling. No Fly shall be made available at the discretion of Crew Scheduling. Pilots awarded No Fly shall be released from their RDP assignment for that day without any pay reduction.
25.U FIXED DAY OFF (FDO) RESERVE LINES
25.U.1 Prior to the start of any Company duty (e.g. training, Deadhead, etc.), Duty Period or Reserve Duty Period, FDO Reserve must be scheduled for thirty-one (31) hour Rest Period within the previous hundred sixty-eight (168) consecutive hours in the Pilot’s Domicile. Actual rest may be less than thirty-one (31) hours but not less than thirty (30) hours. the timing of the thirty-one (31) hour Rest Periods will be at the Company’s discretion. Section 12.E.2. (one (1) calendar Day Off in seven (7) Days) will not apply to FDO lines.
25.U.2 FDO Reserves are not eligible to Swap or Drop Reserve days and are not eligible for Aggressive Reserve assignments.
25.U.3 The first day of an FDO’s block of Reserve days will be designated as a Long Call Reserve day. If an FDO Reserve is designated as a Long Call Reserve after the first day of his block of workdays, he may be moved to Short Call Reserve, provided he is given at least twelve (12) hours of rest prior to the start of Short Call Reserve. If an FDO Reserve is moved to Short Call, he must remain in his assigned Window until he receives the next thirty-one (31) hour Rest Period. Notwithstanding Paragraph T.7., an RDP assignment change from ‘C’ to ‘B’ requires an intervening thirty-one (31) hour rest period. Example 1: On Day 1 of an FDO’s block of work days, the Company may move the Pilot to any Short Call Reserve RDP that begins at or after 1201, provided the Company prospectively notifies the FDO Pilot of the 12-hour Rest Period prior to the start of his RDP.Example 2: On Day 3 of an FDO’s block of work Days, the Company moves the Pilot to the PM Window (following a 12-hour Rest Period), and the FDO Pilot must then remain a “D” or “E” Reserve until his next thirty-one (31) hour Rest Period.
25.U.4 If an FDO Pilot is not assigned a Sequence by 1000 LDT on the last day of his block of reserve days, he will be released. In addition, if the FDO Pilot is given a Sequence that results in duty on the last day of his block of reserve days, he must be scheduled to complete the Sequence no later than 2359 LDT.
25.U.5 Except as otherwise specified, all of the remaining Reserve provisions apply. However, with respect to Reserve Extensions as set out in Paragraph R.4., above, the limitation on Extensions does not apply until the last six (6) days of the FDOs Reserve obligation, which means that an FDO Reserve with one (1) period of Reserve days may be Extended one (1) time, and an FDO Reserve with two (2) periods of Reserve days may be Extended two (2) times.
25.V RESERVE DROP/TRADE/SWAP
25.V.1 A Reserve Pilot may Drop any RDP or Reserve Day with Crew Scheduling concurrence by submitting the request to
[email protected]
. The Pilots Pay Credits (including the Monthly Pay Guarantee) will be reduced by four (4) hours for each RDP or Reserve Day Dropped.
25.V.2 Any RDP or Reserve Day shall be movable with Pilot and Crew Scheduling concurrence.
25.V.3 Except as otherwise prohibited by provisions of this Agreement, Reserve Pilots may Trade or Swap Reserve Days/RDPs under the following provisions:
25.V.3.a Reserve Trade/Swap bidding will open at 0900 on the 13th for captains and 0900 on the 14th for first officers of the month prior to the applicable Monthly Bid Period. Requests shall be submitted via the Electronic Bid System Pilot Reserve Day Trades/Swaps folder and will be awarded by Crew Scheduling in first-come, first-served order.
25.V.3.b Trade/Swap requests must be submitted via the Electronic Bid System no later than 1700, two (2) Calendar Days prior to the earliest date being Swapped, (e.g., by 1700 on June 5th for a request that involves adding or removing a Reserve Day on June 7th.)
25.V.3.c The process will be completed daily at 1700 (and more frequently during the day if the operation permits) and results will be visible by 1800.
25.V.3.d Pilots may Trade/Swap RDPs based on the following constraints:
25.V.3.d.i For each Position, a minimum number of Overnightable Reserves in each Window (after accounting for known open Duty Periods) shall be defined by the Association and the Company on at least a quarterly basis and published in the Reserve Trade/Swap folder. Unless otherwise agreed, or as allowed by Paragraph V.3.d.iv., below, the minimum Overnightable Reserves will be based on the average number of daily Duty Periods constructed in the Monthly Bid Package as follows:
25.V.3.d.ii If there were no Reserves awarded a Window, there shall be no requirement for Reserves in that Window and the values in the table above will be modified accordingly. For example: For a Domicile with fifty-one (51) to ninety (90) average daily Duty Periods, if no PM reserves were awarded the minimum sum to allow a Swap would be six (6) (3 AM and 3 MID) instead of eight (8).
25.V.3.d.iii The Company and ALPA may agree to modify the required minimum Overnightable Reserves. The Company agrees to provide supporting data to ALPA if it desires to modify the Overnightable Reserve values set out in the previous paragraph. ALPA will not unreasonably withhold its agreement. The Parties have agreed that the number of Overnightable Reserves for the DEN domicile may be increased by one (1) in the AM Window and one (1) in the Mid Window over the values in the previous paragraph.
25.V.3.d.iv The defined minimum Overnightable Reserve values will be used to determine the approval or denial of a Reserve Swap request. At the time the Reserve Swap request is made, if the minimum Overnightable Reserves are greater than the defined minimums, the Swap will be approved. If the minimum Overnightable Reserves are less than or equal to the defined minimums, the request will be denied.
25.V.3.d.v Critical Reserve Days
25.V.3.d.v.a For each Domicile, on no more than five (5) Days in a calendar year, the Company may increase the required minimum net Overnightable Reserves by one (1) per Window in each Position for Domiciles with fifty (50) or fewer average daily Duty Periods and by two (2) per Window in each Position for Domiciles with more than fifty (50) average daily Duty Periods. These Critical Reserve Days will be published concurrently with the annual vacation bid.
25.V.3.d.v.b Premium Reserve DaysFor each Domicile, the Company may designate no more than fifteen (15) additional Premium Reserve Days on which the Company may increase the required minimum net Reserves by one (1) per Window in each Position for Domiciles with fifty (50) or fewer average daily Duty Periods and two (2) per Window in each Position for Domicile with more than fifty (50) average daily Duty Periods. A Reserve Pilot who is available on a Premium Reserve Day will be credited with a minimum of four (4) hours of Pay Credit toward the Monthly Pay Guarantee and four (4) hours or what the Pilot actually credits, whichever is greater, over the Pilots Monthly Pay Guarantee. These Premium Reserve Days may be designated by the Company at any time. If additional reserves are needed on a Premium Reserve Day after the Reserve Swap/Drop Window is closed in accordance with Paragraph V.3.b., above, then the Company may allow additional Pilots to Swap into the Premium Reserve Day on a first-come, first-served basis among those Pilots who contact Crew Scheduling.Example 1: A Pilot is on Reserve on a Premium Reserve day but does not fly. The Pilot will receive 4 hours of Pay Credit toward the Monthly Pay Guarantee and be paid 4 hours of Pay Credit over Monthly Pay Guarantee.Example 2: A Pilot is on Reserve on a Premium Reserve day and is assigned a 1-day Sequence worth 6 hours of Pay Credit. The Pilot will receive 6 hours of Pay Credit toward the Monthly Pay Guarantee and 6 hours of Pay Credit over Monthly Pay Guarantee.
25.V.3.e No Trades/Swaps will be approved that create a block less than three (3) RDPs/Reserve Days. A Pilots inbound Reserve obligation will be considered an RDP/Reserve Day.
25.V.3.f No Trades/Swaps will be approved that result in removal of RDPs/Reserve Days over the first four (4) Days of a Monthly Bid Period.
25.W DISPLACEMENT FOR CONSOLIDATION OF SKILLS AND KNOWLEDGE/ RECENCY OF EXPERIENCE AND MANAGEMENT FLYING
25.W.1 The Company may displace Pilots from Sequences to provide flying for Pilots to Consolidate Skills and Knowledge pursuant to FAR 121.434, recurrent line checks, currency and/or recency of experience.
25.W.2 The Company may displace Pilots from Sequences to provide flying for Management and No Bid Pilots.
25.W.3 The Sequence from which a Pilot is displaced shall not be considered Open Time, and when the Sequence is assigned to a Reserve Pilot for one of the purposes listed in Paragraph W.1., above, the Reserve order of assignment provisions will not apply.
25.W.4 A Pilot who is displaced pursuant to this provision will be pay protected and released. In addition, the displaced Pilot may Add flying on any Day(s) on which the Pilot was displaced and the Pilot shall receive Pay Credit for both the Sequence from which he was displaced and the Sequence he Adds.
25.X PREMIUM ADD FOLDER
25.X.1 SchedulingThe Company may place open Sequences or Reserve Days (including blocks of Reserve Days) into the Premium Add Folder (PAF) in FLICA at any time. After Aggressive Reserve bidding opens, any Sequence(s) that is unassigned will be placed on a Reserve Pilots schedule or it must be placed in the PAF. Provided no Pilot legal and available bids to be awarded this Sequence from the PAF and the Sequence has been in the PAF for a minimum of one (1) hour, then a Lineholder may be Reassigned to that Sequence if the Reassignment is within their original Sequence Footprint. If a Sequence is removed from the PAF solely to increase Incentive Credit and the subsequent Sequence identifier change, the one (1) hour minimum time will reset for this Sequence upon being returned to the PAF. If a Sequence is or becomes unassigned within two (2) hours of the first legs scheduled departure time, the one (1) hour minimum time in the PAF will not apply. Additionally, a Pilot cannot be Reassigned to a flight that is scheduled to depart more than twenty four (24) hours in advance of the originally scheduled departure time. Once a Sequence is placed in the PAF, it cannot be removed until it (or a portion thereof) is voluntarily awarded to a Pilot from the PAF, Reassigned, or until it is assigned to a Reserve Pilot (from any Domicile). If a portion of a Sequence is removed from the PAF, the remainder will be returned to the PAF and if any Incentive Pay has been applied to the Sequence, the remainder of the Sequence that is returned to the PAF would be no less than the average daily Pay Credit associated with the Sequence when it was first placed into the PAF. This required average daily Pay Credit applies to any Sequence(s) placed back into the PAF that contains flight segments that were part of the incentivized Sequence when it was first placed into the PAF. However, a Sequence may be removed if the flying or a portion of the flying is not operated. If part of a Sequence in the PAF is not operated and is removed pursuant to this provision, any remaining portion of the Sequence must be returned to the PAF, and any Incentive Pay that had been applied will be recalculated and applied in accordance with this paragraph.If an additional Duty Period is added to the Sequence when it is rebuilt and placed in the PAF, then the total Pay Credit, including any Incentive Credit added, of the new Sequence will be no less than the average daily Pay Credit of the Sequence that was originally placed into the PAF.Example: A 3-day Sequence has a value of 6 hours per day including the Incentive Pay (but without including the Premium Pay). If the Company splits the Sequence on the second day, and assigns the first portion of the Sequence to a Reserve, then the value of the 2-day Sequence that is returned to the PAF, with Incentive Pay, will not be less than 12 hours.See Appendix for details of grievance settlement
25.X.2 The Company may remove the Sequence from the Premium Add Folder to assign that Sequence to a Reserve Pilot through the Reserve assignment process, and if the Sequence is assigned to a Reserve, the Premium credit will be removed from the Sequence.
25.X.3 A Lineholder will only be eligible to Add a Sequence from the Premium Add Folder, provided no conflict is created by the addition of the Premium Add Sequence (i.e. pure Adds only) on a first-come, first-served basis, by Category.
25.X.4 A Reserve Pilot on a Day(s) Off will be eligible to Add a Sequence from the Premium Add Folder provided the Sequence does not conflict with any other Duty. The Company may assign values to each future RDP/Reserve day of up to no more than three (3) hours of Flight Time and up to 6 hours of FDP. The FAR 117 buffers referenced in Paragraph L.10.a., above will also apply.
25.X.5 A Pilot who is awarded a Sequence from the Premium Add Folder may not Trade the Sequence.
25.Y DECLARED IRREGULAR OPERATIONS
25.Y.1 DefinitionA Declared Irregular Operation (DIO) is defined as a short-term event, including a meteorological condition, technology outage, issue or failure, or other event that delays and/or cancels or that is predicted to delay or cancel at least twenty-five percent (25%) of the total system flight segments within a twenty-four (24) hour period.
25.Y.2 Notification and Time Limits
25.Y.2.a A DIO must be declared, based on a known or predicted event, consistent with Paragraph Y.1., above, by either the Vice President of Flight Operations, or his designee, or the Director of Operations, or by an individual identified by the Company organizational chart to whom either of them report.
25.Y.2.b A DIO may be declared for an initial period up to forty-eight (48) hours, renewable thereafter in up to twenty-four (24) hour increments.
25.Y.2.c Notice of the DIO shall be included on all releases, as a CrewTrac (or successor system) message to all Pilots and as a message to all Pilots via the Companys mobile crew application.
25.Y.2.d The Vice President of Flight Operations, or his designee, shall provide the Association notice prior to the declaration with a summary of what Paragraph(s) (or portions thereof) in Section 25 (Scheduling) are expected to be suspended.
25.Y.2.e Within three (3) days after the completion of the DIO, the Vice President of Flight Operations, or his designee, shall provide the Association a written summary of what portions of the CBA were suspended and the reasons supporting the Companys decision.
25.Y.3 CBA Relief
25.Y.3.a During a DIO, the Association shall allow reasonable relief to the Company from the following Paragraphs as necessary to reestablish normal scheduled operations:
25.Y.3.a.i Section 12.D.1. (Duty Period limits) to the extent that the Duty Period overlaps with the start time of the DIO and/or starts within the DIO;
25.Y.3.a.ii Sections 8.D.1.-3. and 8.E.3.-6. (Deadhead deviations and booking timelines); to the extent that the scheduled departure time of the leg(s) starts within the DIO;
25.Y.3.a.iii Paragraph P.11.b (AVA Pilot will not be permitted to decline Reassignment) and Section 25.U.8. (Aggressive Reserve) to the extent that the scheduled Report Time starts within the DIO.
25.Y.3.b If the Company desires relief from additional provisions of the CBA during the DIO, the Company will request such relief from the ALPA MEC Chairman along with the reason for the request. The Association will not unreasonably withhold its agreement. Any agreement reached will be in writing.
25.Y.3.c Following the start of a DIO, notwithstanding any provision in this Agreement to the contrary, all Sequences in Open Time with a scheduled Report Time on that Day must be placed in the Premium Add Folder. All Open Time available on any subsequent Day of the DIO must be placed into the PAF no later than 1030 LDT on the Day before the scheduled Report Time of the Sequence in accordance with Paragraph X., above and such flying will be unavailable for bid by any Pilot via the DOT process commencing at 0930 LDT on the Day before the scheduled Report Time of the Sequence. Between 0930 and 1030, No Bid and Management Pilots will not be eligible to Add flying, except as allowed by Paragraph Z. This provision will be extended concurrently with any extension to the DIO. Following the declaration of a DIO, the Company may
25.Y.3.c.i Offer a Company paid hotel room to any Pilot who requests to come in the night before a Sequence or a Reserve Pilot who is scheduled to start the following day at any Domicile affected by the DIO.
25.Y.3.c.ii Provide a hotel room to a Pilot on AVA status the night before the first day of a scheduled Sequence.
25.Y.3.c.iii Offer to Deadhead Reserve Pilots in a Domicile affected by the DIO to other Domiciles to sit TDY reserve status (hotel and per diem apply for the duration of the TDY assignment with scheduled Deadhead travel between the Domiciles) if the Pilot is unable to make himself available in his own Domicile. TDY Reserve status requests will be granted in seniority order to Pilots who are similarly situated with respect to remaining days of Reserve availability. For example, the Company may decline to offer TDY Reserve status to Pilots with fewer than three (3) days of availability but would offer TDY Reserve status to all Pilots with three (3) or more days of availability, in accordance with seniority.
25.Y.3.c.iv During a DIO, the Captain will be the primary contact person for communications between Crew Scheduling and a cockpit crew who has reported for or is currently operating a Sequence.Example: A DIO is declared at 0800 on 7th. All Open Time with a Sequence Report Time on the 7th will be moved to the Premium Add Folder no later than the start of the DIO. At 0930 LDT on the 7th, Crew Scheduling will begin moving Open Time with a Sequence Report Time on the 8th to the Premium Add Folder, and the process will be completed and such flying will be available to Add no later than 1030 LDT. During this time between 0930 and 1030, No Bid and Management Pilots will not be eligible to Add flying, except as allowed by Paragraph Z.
25.Z LAST CHANCE MANAGEMENT FLYING
25.AA LAST CHANCE PILOT FLYING
25.AB PBS GENERAL
25.AB.1 Preferential Bidding System or PBS is the computer program used for the construction of Pilot monthly schedules.
25.AB.2 No changes will be made to the PBS software or vendor without the express written consent of both Parties. In addition, no changes will be made to the programming logic, bidding preferences, etc., without the express written consent of both Parties. Both Parties will be advised of software updates, modules and enhancements as they become available, and with ALPAs consent, such changes will be implemented.
25.AB.3 No modifications will be implemented until it has been tested to the satisfaction of the JPWG.
25.AB.4 The Company and/or vendor shall make available, solely for use by the Association members of the JPWG, the fully functional, unconstrained current version of the PBS with sufficient licenses to allow all Association members of the JPWG to have access remotely and use the system. Such access shall be at Company expense and include all necessary databases and components to allow comparison runs using actual Pilot data and preferences. The Company will load all data reasonably required for testing, implementation, and administration of the PBS.
25.AB.5 The Association will be responsible for creating a Successful Bid Run for each Position utilizing the PBS line solver software in accordance with Paragraph B.1.b. including, but not limited to: Maximum Iterations, Maximum Reserves, Maximum Swap Depth, and Maximum Passes. A Successful Bid Run means that all of the following requirements have been met:
25.AB.5.a Open Time does not exceed five percent (5%) of the total Sequence Pay Credit by Position, unless modified with the unanimous consent of the JPWG; Stack Heights will conform with Paragraph AC.5 below, unless modified with the unanimous consent of the JPWG;
25.AB.5.b Unstacking limits will conform with Paragraph AC.5.a.i-ii. below;
25.AB.5.c SLG limits will conform with Paragraph AC.5.a.iii below;
25.AB.5.d RLL lines (if created) will conform with Paragraph AG below;
25.AB.5.e The ALV will conform with Paragraph AC.1 below;
25.AB.5.f Shuffle to threshold will not be used; and
25.AB.5.g The number of Reserve Pilots, by Position, will be the number of Pilots remaining following Regular Line generation based upon the ALV provided by the Company, as adjusted in accordance with Paragraph AC.1. below and the final designation of Sequences for Open Time, which will not exceed five percent (5%) of Sequence Pay Credit, by Position. The JPWG will ensure that Reserves and Open Time are distributed appropriately based on coverage targets provided by the Company with due consideration to operational integrity. The Reserve coverage limitations may be modified with the unanimous consent of the JPWG.
25.AB.6 Except as provided for in this Agreement or to correct an error, neither Party will alter an individually awarded line.
25.AB.7 The ALPA JPWG Committee members will have direct access to the PBS vendors technical support. The Parties will share all information from the PBS vendor that is relevant to the functional aspects of PBS.
25.AB.8 The JPWG agrees to direct Navblue to correct any program errors and to make mutually agreed upon changes in a timely manner.
25.AB.9 The three (3) ALPA representatives from the JPWG will be permitted to attend user conferences and other conferences sponsored by the vendor, and all such meetings will be considered to be meetings with the Company for the purpose of Company-paid Flight Pay Loss.
25.AB.10 ALPA will have full access to all reports generated by the PBS solver.
25.AB.11 The Company shall bear all expenses related to the software design, testing, training, administration and operation of PBS, as well as necessary hardware acquisition to operate the system.
25.AB.12 PBS access will be available, at no cost to the Pilot and the Association, via the internet using conventional HTML browsers on personal computers (PC, Mac), mobile and tablet devices. PBS shall be available to Pilots via an Internet connection worldwide without any requirement for a VPN connection or special access software.
25.AB.13 The Association will provide the Company with the names of the PBS Committee/JPWG members who will participate in the Sequence, Line construction and Mis-Award processes, as well as the dates on which the Committee members will be performing such duties in advance of the Monthly Schedule Bid. PBS Committee/JPWG members will be treated in accordance with Section 13.B., and all such Days will be considered Days of work.
25.AB.14 Effective on the first of the month after six (6) months of the operation of PBS, the Association Members of the PBS Committee/JPWG shall collectively receive one hundred fifty (150) credit hours of FPL each month for line construction and the mis-award process. This FPL will not be included in the two thousand one hundred (2100) credit hour allowance provided in Section 13.B.3 below. If there is a change in the PBS software that requires additional training for the Pilots, the Parties will meet to address the appropriate additional FPL to be covered by the Company.
25.AB.15 If bidding timelines change such that the Pilot and flight attendant bid award processes overlap, the Company will work with Navblue to provide sufficient server capacity and ensure that the run times for Pilots are not negatively impacted. The Association and the Company will develop a protocol for use of the Navblue PBS servers. The protocol will ensure that ALPA will have the ability to run no less than six (6) simultaneous runs during the period from the closing of the monthly bid to the publishing of the First Officer bid award. For every two (2) new Positions added, the Association will have the ability to perform one (1) additional simultaneous run. In addition, two (2) simultaneous runs will be available to ALPA during the remainder of the Monthly Bid Period.
25.AC PBS LINE CONSTRUCTION
25.AC.1 Average Line ValueAverage Line Value (ALV) means the number of Pay Credit hours published by the Company prior to the opening of the monthly bid that is the projected average of all Regular Line PBS awards for each Category in a Monthly Bid Period. The ALV shall be between seventy-five (75) and eighty-seven (87) hours (inclusive) and must be expressed in hours and minutes. In no case shall the ALV credit value exceed eighty-seven (87) hours without Association approval. The Company will publish an ALV for each Category. The actual ALV that results from the awarded bid run for each Position must be within thirty (30) minutes of the Company published ALV for Large Domiciles and within one (1) hour for Small Domiciles
25.AC.2 Historic Line ValueHistoric Line Value (HLV) means the twelve (12) Monthly Bid Period rolling average of the ALV for a Category. The HLV shall be between seventy-seven (77) to eighty-four (84) Pay Credit hours (inclusive). The HLV shall be calculated by using the actual ALV from the previous eleven (11) months, and the published ALV for the current bid month.
25.AC.3 Line Building ParametersThe ALPA members of the JPWG will retain discretion to determine the number of iterations, maximum number of SLG iterations, Maximum Swap Depth, Maximum Followed By Time, Priority Stack Dates, utilization of Shuffle, Maximum Passes, and Maximum Trip Substitutions.
25.AC.4 Priority Stack DatesIf Coverage Awards are needed, then the Priority Stack Dates will be New Years Day, Independence Day, Thanksgiving Day, and Christmas Day. Other Priority Stack Days may be used by the Association when the usage of such Days improves the overall solution.
25.AC.5 Coverage AwardsA bid run solution may be published that uses the following tools:
25.AC.5.a Unstack, utilizing a maximum Stack height of no greater than five percent (5%) in a Large Domicile and eight percent (8%) in a Small Domicile of the actual number of Regular Lines in the Position, provided that a Pilot:
25.AC.5.a.i Within the most senior fifty percent (50%) of Regular Lineholders is not Unstacked in the January, July, November, or December Monthly Bid Periods.
25.AC.5.a.ii Within the most senior seventy percent (70%) of Regular Lineholders is not Unstacked in the February, March, April, May, June, August, September, or October Monthly Bid Periods.
25.AC.5.a.iii Within the most senior ninety percent ( 90% ) of Regular Lineholders is not awarded a line through Secondary Line Generation ( SLG ) .
25.AC.5.a.iv Adjustment of these limitations requires the unanimous consent of the JPWG .
25.AC.5.b Force Priority Stack Date on SLG will always be used.
25.AD PBS MONTHLY BID LINES
25.AE CREDIT WINDOWS
25.AE.1 Normal Credit WindowThe initial Threshold value of the Normal Credit Window shall be equal to the published ALV for each Category and can be adjusted by ALPA as necessary while exploring bid run solutions. The initial Normal Credit Window shall be a range of fourteen (14) hours and will be based off of the published ALV minus seven (7) hours up to published ALV plus seven (7) hours. The Association may adjust the bottom of the Normal Credit Window to any value between ALV minus seven (7) hours and ALV minus three (3) hours, as needed, while exploring bid run solutions. If the lower value of the Normal Credit Window is below seventy-five (75) hours, all line awards will be subject to the Monthly Pay Guarantee set forth in Section 4.A.
25.AE.2 Minimum Credit Window The Minimum Credit Window shall be a range from the published ALV to ALV minus fourteen (14) hours, but the lower value of the Minimum Credit Window will never be set below seventy-four and one-half (74.5) hours. ALPA will determine the Threshold value to be set within the Minimum Credit Window. All line awards will be subject to the Monthly Pay Guarantee set forth in Section 4.A.
25.AE.3 Maximum Credit Window The Maximum Credit Window shall be a range from the published ALV to ALV plus fourteen (14) hours. ALPA will determine the Threshold value to be set within the Maximum Credit Window.
25.AF RESERVE LINES
25.AF.1 A Pilot who bids for a Reserve Line may be awarded a Regular Line if the Reserve target for the Pilots Position has already been met when the solver reaches the Pilots seniority level.
25.AF.2 Non-FDO Reserve Pilots will be eligible to bid between three (3) and six (6) Days of Reserve Days/RDPs.
25.AF.3 PBS will award Days Off to Reserve Pilots in seniority order and in accordance with the Pilots bid preferences. Long call Reserve will be awarded in seniority order to Pilots who preference it. RDPs are awarded with consideration to a Pilots seniority and preferences, but primarily to ensure even distribution of Reserve coverage throughout the Monthly Bid Period. If Navblue or a successor vendor develops the capability of honoring a Reserve Pilots preferences for Days Off in combination with that Pilots RDP preferences in accordance with seniority, such software upgrade will be implemented by the Company no later than three (3) months following the availability of the software.
25.AF.4 All Days on which a Pilot is scheduled for Reserve duty will be considered a Reserve Day, except for an RDP that spans two (2) Days. (For example, in the case of an RSE that spans two (2) Days, the RSE will only count as one (1) Day.)
25.AF.5 If a Pilot has fewer than three (3) Reserve Days at the end of a Monthly Bid Period, the solver will not automatically schedule Reserve Days at start of next Monthly Bid Period.
25.AF.6 Reserve Pilots will have a minimum of two (2) Days Off between blocks of Reserve, unless the Pilot elects to be awarded single Days Off. If a Reserve has a single Day Off on the last Day of the Monthly Bid Period, the Pilot will be scheduled for the first Day of the next Monthly Bid Period Off, if he is awarded a Reserve line.
25.AF.7 FDO Lines
25.AF.7.a Navblue and the Company will submit, in writing, that FDO lines will become part of the PBS bidding process no later than one (1) year from the date of PBS implementation.
25.AF.7.b Until FDO lines are implemented as part of PBS, a manual process will be used.
25.AF.7.c FDOs will be bid in accordance to the timetable set out in D.5.b. above. Pilots will have the opportunity to bid on FDO lines in FLICA in the same manner as under the current book. Bids will be awarded by Position and seniority prior to the opening of the monthly bid.
25.AF.7.d In a thirty-one (31) Day Monthly Bid Period, FDO Reserve lines will have a minimum of thirteen (13) Days Off.
25.AF.7.e No Pilot will be involuntarily assigned to an FDO line.
25.AF.7.f Vacation will be applied in accordance with current provisions.
25.AF.7.g Vacation credit will be applied towards Monthly Pay Guarantee if vacation Days fall on FDO Days and paid over the Monthly Pay Guarantee if vacation falls on Days Off.
25.AG REDUCED LOWER LIMIT LINES (BUILD-UP LINES)
25.AG.1 Pilots shall be assigned RDPs in the Window of their choosing based on their highest preferenced Set Condition Short Call Type. A Pilot with a Set Condition Long Call Type as their highest preference may be assigned long call reserve at the discretion of Crew Planning. A Pilot who does not preference a Set Condition Short Call Type will be assigned a call type at Crew Plannings discretion.
25.AG.2 Pilots may, at their option, Drop an RDP/Reserve Day that is included in an RLL line by calling a Crew Scheduling Supervisor directly or sending an email to
[email protected]
. If the request is received before 0900 on the 14th of the month preceding the RDP/Reserve Day, Crew Scheduling will drop the RDP/Reserve Day(s) at a Pay Credit loss four (4) hours with no coverage checks. If the request is received after 0900 on the 14th of the month preceding the RDP/Reserve Day, Crew Scheduling will drop Reserve Day(s) at a Pay Credit loss four (4) hours if coverage meets the requirements of Paragraph V.3.d.
25.AH ROUNDING
25.AH.1 No rounding will be applied to ALV, HLV, bid windows, Open Time and Unstacking. Stack Heights will be measured using standard rounding rules, to the nearest whole number.Example: 5.5 will be rounded to 6 and 5.4 will be rounded to 5.
25.AH.2 Standard rounding, to the nearest whole number, will be used to determine the number of Long Call and FDO reserves. As long as FDO lines are not awarded via the PBS solver, the number of FDO lines will be determined by using the Companys forecasted number of total Reserve lines by Position and applying the appropriate percentage. Move to RES SectionExample: 5.5 will be rounded to 6 and 5.4 will be rounded to 5.
25.AI TRAINING AND ELIGIBILITY TO BID
25.AI.1 A Pilot who undergoes upgrade, new hire or transition training will be eligible to be awarded a schedule in PBS starting two (2) Days after the projected training completion date. The projected training completion date will be based on the historical average training footprint from the last six (6) training classes for each type of training (i.e., upgrade, new hire or transition). This data will be provided to the ALPA JPWG members on a quarterly basis, beginning April 1, 2021. Fifty-five (55) Days will be used for the upgrade footprint and eighty (80) Days will be used for new hire footprint through March 2021.Example: The historical average training footprint for upgrade training from the last 6 upgrade classes is forty-eight (48) Days. A Pilot who starts upgrade training on March 20th will be eligible to bid and be awarded a PBS schedule that would commence on May 9th, fifty (50) Days after the commencement of upgrade training. The Pilot is not eligible to be awarded any Days Off, FDPs, Reserve Days or Sequences until May 9th.
25.AI.2 For bidding purposes, the Company will load a Known Absence with a Virtual Credit of three (3) hours per Day for each Day the Pilot is projected to be in training plus two (2) Days in PBS.
25.AI.3 A Pilot who is awarded a Regular Line and who completes training before the projected training completion date plus two (2) Days will be on Days Off until he begins an awarded Sequence. A Pilot who is awarded a Reserve Line and who completes training before the projected training completion date plus two (2) Days will be given at least two (2) Days Off and may subsequently be assigned additional Reserve Days/RDPs in accordance with the table below. Days of Availability shall mean the number of Days between the third Day following the completion of training and the first Day the Pilot was eligible to bid.
26 GENERAL
26.A PARKING
26.A.1 General
26.A.1.a The Company shall provide parking at no charge to the Pilot in the Pilots Domicile. In the alternative, a Pilot may elect to be paid a thirty-six dollar ($36.00) monthly stipend. The Pilot will make this election on an annual basis and may change his election if the Pilot changes Domiciles. If a Pilot does not make any election, they will be deemed to have elected free parking in the Pilots Domicile.
26.A.1.b Denver-based Pilots will receive a stipend equal to the Pilots monthly cost for parking, even if the Denver-based Pilot does not make any parking election. If the Denver airport offers parking in the same manner as other Company Domiciles, Paragraph A.1.a., above, will apply.
26.A.1.c The Company shall provide transportation to and from the parking area to the Operations area. Parking shall be paved, lighted, and secured.
26.A.2 Annual Election
26.A.2.a Annual Parking enrollment:
26.A.2.a.i Passive election unless a Pilot makes change during annual enrollment period.
26.A.2.a.ii The annual parking enrollment period will be from NOV 1- DEC 1 and will be effective Jan 1 of the following year.
26.A.3 Domicile Change
26.A.3.a For Each System Bid Award:
26.A.3.a.i Following the award of a Domicile change, if a Pilot wishes to change his current election, the Pilot will:
26.A.3.a.i.a Be advised of the deadline for parking election on the System Bid Award notice. The deadline will never be less than 30 Days after the System Bid Award is posted, which normally will be 30 Days prior to the Effective Date for Domicile transfers.
26.A.3.a.i.b Use the form or electronic means provided by the Chief Pilots Office (available via Docunet or a successor system).
26.B PASS PRIVILEGES
26.B.1 The pass privileges established by Company policy, and in effect at the signing of this Agreement, shall apply to all active and retired Pilots. The pass program may change but, under no circumstances, would Pilot privileges be less than the general population of employees.
26.B.2 Any additional pass privileges, whether characterized as a benefit, perk or compensation (other than a higher boarding priority extended to Officers and Directors under the current pass policy) that are part of a Department-wide program, extended to other employees of the Company during the term of this Agreement, shall also be extended to the Pilots, retired Pilots, surviving spouses, and/or their dependents on similar or equivalent terms.
26.B.3 The Association shall be provided a reasonable number of positive space online passes for Association business with the approval of the Vice President of Flight Operations or other Company official.
26.B.4 The Company retiree pass benefit policy shall be modified for Pilots such that the minimum five (5) years of service requirement is waived, and the age plus years of service requirement is modified to 65.
26.C JUMPSEAT
26.C.1 The jumpseat on any Company flight shall be available to all Pilots and other authorized personnel.
26.C.2 The jumpseat shall be offered in accordance with a Company Flight Operations Manual with regard to boarding priority, cockpit etiquette, etc.
26.C.3 The Company will meet with the Association prior to making any material change to the jumpseat policy.
26.C.4 The Company will allow as many jumpseat riders as can be accommodated to travel in passenger seats after all other higher priority non-revenue passengers have been accommodated.
26.C.5 The Company shall participate in the Cockpit Access Security System (CASS).
26.D ELECTRONIC FLIGHT BAG (EFB)
26.D.1 Manuals to be provided electronically to Pilots include, but are not limited to, Employee Manual, appropriate Flight Operations Manuals, Approach Plates, En Route Charts and revisions as they are released. The Company shall provide the necessary software to receive and use all required manuals, documents, and applications.
26.D.2 The Company shall provide wireless internet access in crew Domicile lounges for EFB updating purposes.
26.D.3 The Company shall be responsible for distributing any and all revisions required to keep the Pilot manuals current. These revisions shall be distributed and viewed electronically via the approved Document Management System (DMS) or applicable app (e.g., Jeppesen, Foreflight). Pilots are responsible for updating all Company-issued revisions in their EFB.
26.D.4 An EFB will:
26.D.4.a be an electronic tablet device funded at no cost to all line Pilots in active service, excluding Pilots on a Leave of Absence (other than ALPA Leave) that is anticipated to extend for longer than sixty (60) Days;
26.D.4.b contain software that enables a Pilot to create a personal profile for the Pilots personal use, subject to the memory limitations of the device after Company-installed EFB applications are installed;
26.D.4.c include Company-funded chart subscription service(s) and real time enroute weather data service(s);
26.D.4.d include an industry standard protective case;
26.D.4.e include a charger and accessory cord; and
26.D.4.f include any other accessories required by the FAA or the Company.
26.D.5 For the purpose of the calculations set forth in this Paragraph, the cost of the Company-funded EFBs will be three hundred ninety-five dollars ($395.00). The service life of all Company-funded EFBs shall be no longer than forty-two (42) months from November 1, 2019, with the understanding that Pilots who are due a stipend in October 2019 will instead receive a Company-issued EFB in October 2019. Pilots who are hired after November 1, 2019 will be issued EFBs pursuant to this LOA, and the service life will commence on date of issuance. At the end of the service life, the EFB will become the property of the Pilot, and the Company will provide a new EFB to all Pilots when the service life of the Pilots EFB ends, at no cost to the Pilot.
26.D.6 No adverse action shall be taken based on any information that the Company may obtain through the EFBs location tracking system or usage of the EFB, in accordance with the provisions of Section 19. Should it be determined at any time that the Company has obtained or observed information directly from the audio or video capture mechanisms on the EFB that does not involve Company business, the Company will immediately notify the affected employee. The recording will be permanently destroyed, including all backups and copies, and a record of the destruction will be distributed to the affected parties.
26.D.7 The Company reserves the right to install software to manage configuration, Company documents, and Company-provided software on the EFB.
26.D.8 Technical Support. The Company agrees to maintain adequate technical support for the EFB in addition to the support provided by the EFB manufacturer. Online and/or Toll-Free access (including International access) will be available to address Pilot questions 24/7/365 and to assist in technical troubleshooting.
26.D.9 With no less than thirty (30) Calendar Days notice to the Association MEC Chairman, the Company may elect to provide ship sets in lieu of providing the Company-funded EFBs in accordance with the terms of paragraphs B. through E., above. In addition, no less than thirty (30) Calendar Days prior to the termination of the Company-funded EFB and the provision of ships sets, the Company will ensure that Pilots will continue to have both remote and airport access to all information currently disseminated through Comply 365 including, but not limited to, Flight Operations Manuals, training material, Must Reads, etc.
26.D.9.a If training is required to implement the Company-owned EFB program, it shall be paid in accordance with Section 3.N.
26.D.10 Damage
26.D.10.a In order to minimize the risk of damage to the iPad, the Pilot will utilize the Company-provided protective case. If the iPad or its accessories are damaged, the Pilot will return the iPad or its accessories to the Company in order to obtain a replacement iPad or accessory.
26.D.10.b Pilot Off DutyA Pilot who is off Duty will not be liable for any expense directly associated with a damage claim for up to one (1) occurrence per item (iPad or accessory) within forty-two (42) months based on the issuance date of the original EFB.
26.D.10.c Pilot On DutyA Pilot who is on Duty will not be liable for any expense directly associated with a damaged iPad or accessoryExample: A Pilot is issued his first EFB in January 2020. He will be eligible for a new iPad July 2023. In January 2021, his iPad is damaged while off duty and he is issued a replacement at no charge in accordance with this Paragraph. This replacement will reset the end of the EFBs service life to July 2024, however, for the calculation of one (1) damage claim occurrence within forty-two (42) months, the start date will remain January 2020.
26.D.10.d The failure of any portion of the EFB to function in accordance with its specifications shall not be considered a damage claim and will be fixed or replaced at no cost to the Pilot.
26.D.10.e A Pilot will be liable for the cost of replacing the EFB in a case in which the Company can prove that the damage is the result of intentional misconduct by the Pilot.
26.D.11 Theft of EFBIn case of a theft involving an EFB, the following shall apply:
26.D.11.a A Pilot will promptly report to the Company that his EFB has been stolen, file a police report, and provide a copy of the police report to the Company; and
26.D.11.b The Company shall issue one (1) replacement at no charge for the stolen EFB to the Pilot on the first occasion of such theft within forty-two (42) months, based on the original EFB issuance date. Thereafter, the Pilot will be charged a pro-rated amount equal to the total cost of the iPad to the Company based on paragraph D.5., above, divided by forty-two (42) and multiplied by the remaining number of months left on the on the service life of the iPad in paragraph D.5., above.
26.D.12 Lost EFBIn case of a lost EFB, the following shall apply:
26.D.12.a A Pilot will promptly report to the Company that his EFB has been lost; and
26.D.12.b The Company shall issue a replacement and the Pilot will be charged an amount equal to the total cost of the iPad to the Company based on paragraph D.5., above, divided by forty-two (42) and multiplied by the remaining number of months left on the service life of the iPad in paragraph D.5., above.
26.D.13 Recovered EFBIn the event a Pilot recovers an EFB that was previously reported as lost or stolen within thirty (30) days of the date of the loss, the following will apply:
26.D.13.a The Pilot will report to the Company he has recovered the EFB and return the replacement EFB to the Company;
26.D.13.b The occurrence will not be counted against the Pilot for the purposes of paragraph D.11.b, above.
26.D.14 Loaner EFB
26.D.14.a The Company will provide a reasonable number of Loaner EFBs at each Domicile in the event a Pilot, for whatever reason, is unable to report for duty with his EFB. The Pilot will contact the Chief Pilot, or his designee, to obtain authorization for removal of a Loaner EFB from the Domicile.
26.D.14.b A Pilot must return the Loaner EFB to his base management in as expeditious a manner as possible, but in no case more than seven (7) days from the date it is checked out of the Domicile, unless he receives written permission from base management or the designated Company representative overseeing the EFB program.
26.D.15 Privacy and Security of Information
26.D.15.a The Company acknowledges and agrees that a Pilots personal profile on the EFB is his own personal property, and the information and data in such space is private and confidential.
26.D.15.b The Company will not remotely manage a Pilots personal data on an EFB, including:
26.D.15.b.i Collecting data (including audio and video recordings);
26.D.15.b.ii Adding or removing accounts and restrictions; or
26.D.15.b.iii Remotely erasing data.
26.D.15.b.iv Notwithstanding the above, and in order to keep the OS and applications updated, the Company will have the ability to remotely confirm the update of those applications that are provided by the Company in the support of the approved EFB program.
26.D.15.c Except as may be required by law, the Company shall not monitor individual performance or compliance with policy, directives, or regulations using the EFB or the data contained therein
26.D.15.d The EFB software will permit a Pilot to erase the entirety of his personal profile at any time. In addition, a Pilot who ends his employment with Frontier prior to the forty-two (42) month service life of the EFB will return the EFB to Frontier, and the devices entire profile (personal and Company) will be erased and reset by the Pilot.
26.D.15.e A Pilot will promptly report to the Company that his EFB has been lost or stolen. Only in such event and for the purpose of maintaining the security of Company and personal data, the Company may activate a feature on the EFB to remotely reset and erase all Company data on the device.
26.D.15.f Information or data on an EFB, or transmissions from an EFB including, but not limited to, audio or video recordings will not be used against a Pilot in any manner in a disciplinary case, other than for failure to maintain and update required data.
26.D.15.g Recorded data or information shall not be disclosed to any third party except by mutual agreement of the parties, or as required by statute, government regulation, or judicial order.
26.D.15.h The Company will not use the EFB to determine, monitor, or track a Pilots location for any purpose including, but not limited to, disciplinary purposes.
26.D.16 At least six (6) months prior to the end of the service life of the first generation of the Company-owned EFBs, the Company and Association will meet to discuss issues associated with the need for , or implementation of, any new EFB, Unless the only change to the program is the continual purchase of upgraded iPads.
26.E NEW HIRES
26.E.1 The Company shall provide to the Association a list of New Hire Pilots within seven (7) Calendar Days of the start of the New Hire Pilot class. This list shall include the full name, complete address, and phone number of every Pilot in the class.
26.E.2 The Company shall schedule a two (2) hour period during basic indoctrination to allow the ALPA MEC Chairman and/or their designee to address the New Hire Pilot class. The time and date of each meeting shall be mutually agreed upon between the Company and the Association.
26.E.3 For OE Sequences commencing prior to permanent position placement as outlined in 24.A.12, the Company shall provide a New Hire Pilot, at his option, a hotel room for the night prior to their report date and/or the night of their release from the Sequence. For OE Sequences commencing after permanent position placement as outlined in 24.A.12, the New Hire Pilot will be provided the option for one (1) hotel room in Domicile for the night prior to the report or for the night post completion of the first assigned OE Sequence. Hotel requests must be submitted to Flight Operations Training within twenty-four (24) hours of the Companys attempted notification to a Pilot of the OE Sequence.
26.F COPIES OF THE AGREEMENT
26.F.1 The Company will make an updated electronic version of this Agreement available to each Pilot through the Company website.
26.F.2 Any subsequent revisions, Letters of Agreement, or Memoranda of Understanding will be provided by the drafting party electronically to the other party within five (5) Calendar Days of signing, and the Company will update the electronic contract posted on the website within ten (10) Calendar Days of signing.
26.G EMERGENCY RESPONSEThe Company shall notify the ALPA Central Air Safety Committee Chairman immediately of any accident or incident (as defined by Frontiers Safety and Security Department) involving a Company aircraft and a Pilot or Pilots. The Association shall treat any information provided as highly confidential.
26.H PRUDENT JUDGMENT POLICY
26.H.1 A Pilot is expected to arrive at his Domicile or place of report with sufficient time and with adequate rest prior to beginning scheduled duty, allowing for factors such as adverse weather, traffic and flight loads, consistent with Sections 12.B.1.a. and 25.T.2. A Pilot who keeps accurate records of his scheduled commuting plans (e.g. flight listings, standby seat requests, contemporaneous notes, screenshots, etc.) and otherwise follows the provisions of paragraph H shall not be subject to disciplinary action. However, if a Pilot utilizes the policy more than two (2) times in a rolling 12 (twelve) month period, the Pilot may be asked to supply supporting records from the previous rolling twelve-month period to the Chief Pilot. A Pilot shall not be considered to have used the policy if he is ultimately able to report for the entirety of his originally scheduled Sequence.
26.H.2 A Pilot who is unable to report to his Domicile or place of report as scheduled due to an interruption in his travel plans will notify Crew Scheduling as soon as possible. The Pilot shall return to work in accordance Section 14.D.
26.H.3 Any Pay Credits lost under this Section will be deducted from the Pilots total monthly Pay Credits. It will be the responsibility of the Pilot to make up any Pay Credits lost under this provision if required by Section 25.M.3.
26.H.4 A Pilot who travels by air will not be eligible for treatment under this policy unless he has attempted to travel on at least two (2) flights online and/or offline. For offline travel, the Pilot shall use all available information to select flights that show adequate seat availability within twenty-four (24) hours of the departure. The seat availability shall be based on the type of travel planned by the Pilot (e.g., jumpseat, non-revenue travel via interline agreement, etc.). For online travel, the jumpseat shall be awarded in accordance with the Frontier Airlines jumpseat policy. In any case, the flight(s) shall be scheduled to arrive at the Pilots Domicile at least one (1) hour prior to his scheduled Report Time, consistent with Section 25.T.2.
26.H.5 A Pilot shall not avail himself of this policy to take advantage of irresponsible commuting.
26.H.6 If the FAA amends its policies to treat commuting as a break in a Pilots Rest Period (considers commuting as duty time), this policy would be cancelled, and the Company and Association will seek agreement on a suitable replacement for this Paragraph H.
26.H.7 Notwithstanding Section 26.H., the Company and the Association agree to establish a Removal Before Report (RBR) policy which will apply to Long Call Reserve Pilots within the last ten (10) hours of their assigned prospective Rest Period.
26.H.7.a During the last ten (10) hours of an assigned Rest Period, a Long Call Reserve Pilot will not be eligible to utilize the Prudent Judgment policy and will instead utilize the RBR policy. If a Long Call Reserve Pilot determines they will be unable to report to their Domicile or place of report as scheduled (for reasons other than being sick or fatigued), they will immediately notify Crew Scheduling and advise that they need to be removed in accordance with the RBR policy.
26.H.7.b The Pilot will be removed from the assignment and any pay credits lost will be deducted from the Pilots total monthly pay credits. It will be the Pilots responsibility to make up any pay credits lost under this provision if required by Section 25.M.3.
26.H.7.c The Pilot shall return to work in accordance with Section 14.D.
26.H.7.d If a Long Call Reserve Pilot is sick or fatigued, they will not be eligible to utilize RBR policy and should instead remove themselves from duty in accordance with Section 14.C. or Section 26.L.
26.H.7.e Pilots are expected to arrive at their place of report with sufficient time and with adequate rest prior to beginning scheduled duty. Long Call Reserve Pilots may not avail themselves to the RBR policy more than two (2) times within the same rolling twelve (12) month period.
26.I FLIGHT DATA
26.I.1 Definitions for the purposes of this Section:
26.I.1.a Flight Information Recorder or FIR means any device, equipment or system on the aircraft that transmits, records and/or collects flight data, audio or video data or any other electronic record. These devices include, but are not limited to, Flight Data Recorders, Cockpit Voice Recorders, and Cockpit Video Recorders.
26.I.1.b Information means any data which is transmitted, recorded or collected by using a Flight Information Recorder. The term Information shall further include tapes, transcripts, reports, papers, memos, statements, studies, charts, graphs or any other description, analysis or compilation of data.
26.I.2 Information obtained from a FIR shall not be used as a basis, in whole or in part, for investigation, discipline or discharge action against a Pilot. Such information shall not be used in any investigation, disciplinary proceeding, grievance proceeding, or subsequent System Board of Adjustment.
26.I.3 Information obtained from a FIR shall not be used by the Company to evaluate or monitor the judgment or performance of an individual Pilot or crew, except under the provisions of a mutually agreed upon Flight Operations Quality Assurance (FOQA) program.
26.I.4 Information obtained from a FIR shall not be used as a basis, in whole or in part, to justify or require a Pilots submission to a non-recurrent proficiency check or a line check.
26.I.5 The Association agrees to participate jointly with the Company in a mutually agreed upon Flight Operations Quality Assurance (FOQA) program. Details of the operation of this program shall be in accordance with an FAA-approved FOQA Implementation and Operations (I & O) Plan and a memorandum of understanding entered into between the Company and the Association.
26.J BIDDING METHOD
26.K HOLD HARMLESS
26.K.1 No Pilot nor their estate shall be required to pay for the costs of aircraft, equipment or other property damaged when such damages arise out of the performance of the Pilots duties with the Company as a Pilot, unless such damages are the result of willful misconduct or gross negligence of the Pilot.
26.K.2 The Company shall indemnify a Pilot or their estate and provide defense against any claims, whether by third parties or by fellow employees, arising out of such Pilots performance of their duties with the Company as a Pilot, unless such claims arise from the willful misconduct or gross negligence of the Pilot.
26.L FATIGUE EVENTS
26.L.1 Fatigue Review Committee (FRC)
26.L.1.a The FRC will consist of four (4) members, two (2) of whom shall be designated by the Company, and two (2) of whom shall be designated by ALPA.
26.L.1.b The Company shall pay for the flight pay loss of the Association members of the FRC for regularly scheduled FRC meetings and any other Company-approved time spent on FRC duties and activities related to FRC responsibilities.
26.L.2 Reporting
26.L.2.a A Pilot who declares himself fatigued will be removed from his flying assignment. The event will be coded as fatigue and reviewed by the FRC.
26.L.2.b A Pilot who has declared himself fatigued and who is removed from a flight assignment will file a Fatigue Report, available on the Company website, within seventy-two (72) hours of declaring fatigue.
26.L.3 Classification of Fatigue Events
26.L.3.a Fatigue events will be categorized by the FRC as Operational or Pilot-Induced.
26.L.3.b The contents of all Fatigue Reports will remain confidential and not be used in discipline cases except as provided in Paragraph L.3.C., below.
26.L.3.c Consistent with Frontier Airlines Fatigue Risk Management Plan (FRMP), fatigue reports will not be used in discipline cases unless such fatigue call is part of repeated calls by the same Pilot or is related to violations of the FARs, Company policies and procedures pertaining to flight operations and safety, or when a criminal act may have been committed.
26.L.3.d Operational fatigue events shall not cause a reduction in a Pilots pay nor result in debiting his sick bank. Fatigue Events related to hotel problems (e.g., noise, fire alarm, temperature) shall be treated as Operational events for pay purposes.
26.L.3.e Pilot-induced Fatigue Events will not generate pay for any Credit lost as a result of the Fatigue Event.
26.L.4 Treatment Following Fatigue Declaration
26.L.4.a A Pilot who declares himself fatigued shall be provided with a legal Rest Period if he is in his Domicile:
26.L.4.b A Pilot who declares himself fatigued shall be handled in accordance with the following if he is not in his Domicile:
26.L.4.b.i Return the Pilot to Domicile to begin a legal Rest Period; or
26.L.4.b.ii Provide the Pilot with a hotel room for a legal Rest Period; or
26.L.4.b.iii Assign the Pilot to a deadhead to be followed by a legal Rest Period at a hotel in accordance with Sections 12.D.4. and 12.D.5.
26.L.4.c Following the Rest Period required by Paragraphs L.4.a. or L.4.b., above, the Pilot will be returned to his original schedule, be assigned to other flying that ends no later than the scheduled arrival of the original Sequence or Deadheaded back to his Domicile (when not already there) if no further assignment is to be made.
26.L.4.d Crew Scheduling will advise the Pilot within one (1) hour of receiving the fatigue call of the changes to his schedule (e.g., returned to his original schedule, assigned new flying, returned to Domicile, or assigned a legal Rest Period
27 INSURANCE BENEFITS
27.A MEDICAL, DENTAL, AND PRESCRIPTION DRUG BENEFITS
27.A.1 The Company will continue to provide Pilots (and their eligible dependents) with medical, dental, and prescription drug benefits under the existing plan options (including Legacy, Traditional PPO, and Value HDHP for medical, and Standard and Premium for dental) available as of January 1, 2018.
27.A.2 The plan design elements in effect on January 1, 2018 (including deductibles, copayments, coinsurance, out-of-pocket maximums, annual Company HSA contributions, and annual limits under the dental options) will not be changed by the Company without a substantially-equivalent economic enhancement.
27.A.3 The core coverage elements of the medical, dental, and prescription drug options in effect on January 1, 2018, namely (i) eligibility requirements; (ii) the list of included and excluded services; (iii) services requiring pre-authorization; and (iv) prescription drug utilization restrictions, will remain in effect for the duration of the Agreement. The Company will meet and confer with the Association if specific benefit changes within these core coverage elements are desired. If the parties fail to agree on changes, specific benefits may be changed by the Company, provided that the overall benefit levels are not materially reduced.
27.A.4 The Company is permitted to change the insurance carrier(s) that administer the referenced plans provided that such change does not materially limit the provider network.
27.B MEDICAL AND DENTAL COSTS
27.B.1 Medical Benefits
27.B.1.a The total annual aggregate contribution cost for Pilots participating in the Traditional PPO, the Legacy PPO, and the Value HDHP options will be no more than thirty-two (32%) of the total annual aggregate budgeted cost for Pilot participation in the three options; provided, however, that the total annual aggregate contribution cost for Pilots participating in the Traditional PPO and the Value HDHP options will be no more than thirty percent (30%) of the total annual aggregate budgeted cost for Pilot participation in those two options.
27.B.1.b The total annual aggregate budgeted contribution cost described in Paragraph B.1.a., above, will include the budgeted contributions expected to come from the surcharges described in Paragraph B.1.e., below.
27.B.1.c The aggregate budgeted contribution caps described in Paragraph B.1.a., above, will be determined by the Company based upon an annual actuarial assessment of past and projected plan performance across the Companys employees performed by an independent third-party actuary retained by the Company prior to the start of the applicable plan year. The Company will provide ALPA with an opportunity to review the actuarys preliminary calculations before the calculations are finalized by the actuary. The Companys satisfaction of the aggregate budgeted contribution caps described in Paragraph B.1.a., above, will not be subject to refund or clawback based on actual plan performance
27.B.1.d The actuarial assumptions and methodology used by the actuary will be in accordance with reasonable and standard actuarial assumptions that will be fully disclosed to the Association as part of ALPAs review of calculations prior to finalization. The independent actuary will include all relevant utilization and other statistical reports that are part of the calculations.
27.B.1.e Coverage tiers for Pilot contributions for medical benefits (Traditional PPO, Value HDHP, and Legacy PPO) will be: (i) employee only; (ii) employee plus spouse; (iii) employee plus up to two (2) children; and (iv) family (employee plus spouse and up to two (2) children).
27.B.1.e.i The Company may assess a contribution surcharge for the coverage of a Pilots dependent children starting with the third child. The amount of this surcharge will be no more than seventy-five dollars ($75.00) per month, per child.
27.B.1.e.ii The Company may assess a contribution surcharge for the coverage of a Pilots spouse who has subsidized medical coverage available from their employer. The amount of this surcharge in effect on the January 16, 2019 will not increase by more than eight percent (8%) per year for the duration of this Agreement.
27.B.2 Dental BenefitsThe cost for Pilots for dental benefits (both the Standard and Premium options) will be as determined by the Company.
27.B.3 The cost sharing elements set forth in Paragraphs B.1. and B.2., above, will remain in effect for the duration of the Agreement.
27.C LONG-TERM DISABILITY COVERAGE AND COST
27.C.1 Long-Term Disability (LTD) coverage will be provided to all Pilots.
27.C.2 The LTD plan design and benefits in effect on January 1, 2018, will not be changed without Association agreement, which agreement will not be unreasonably withheld; provided, however, the modifications set forth below will be made without any further negotiation or agreement between the parties.
27.C.3 The Company is permitted to change the insurance carrier administering the LTD plan provided that benefit levels are not materially reduced.
27.C.4 LTD payments will continue until a Pilots return to active service (i.e. between the time a Pilot is cleared to return to work by a physician and approved by the FAA to exercise the privileges of their medical certificate).
27.C.5 The Company will pay the full cost of the LTD premium.
27.C.6 The monthly cap on LTD benefits will be eight thousand dollars ($8,000) per month.
27.C.7 The cost of the premium paid by the Company for the LTD policy will be imputed to pilot earnings and be subject to any applicable income tax, and therefore the amount of any benefit under the policy received by a Pilot will not be taxable to the respective Pilot upon receipt. However, on an annual basis, a Pilot will have the option to opt out of having the premium payments being imputed to his earnings, and if the Pilot so elects and becomes eligible for the LTD benefit in that year, the LTD benefit would be taxed.
27.D LIFE AND ACCIDENTAL DEATH INSURANCE
27.D.1 The terms of the Company Life and AD&D insurance plans in effect on January 1, 2018 will remain in effect for the duration of the Agreement at no cost to pilots, except that, effective January 1, 2019, the minimum benefit provided to a Pilot under the Life or AD&D plan will be increased to one hundred thousand dollars ($100,000).
27.D.2 A Pilot will be entitled to purchase term life insurance through the Companys insurer, on behalf of the Pilot, at group rates in increments of ten thousand dollars ($10,000) up to a maximum of five hundred thousand dollars ($500,000) or five (5) times the Pilots base annual salary (as defined in the insurance policy), whichever is less. If the Pilot purchases life insurance for himself, the Pilot may also purchase life insurance for their spouse; such insurance will be in increments of five thousand dollars ($5,000) up to a maximum of two hundred fifty thousand dollars ($250,000) or one hundred percent (100%) of the Pilots coverage amount, whichever is less. If a Pilot elects life insurance coverage when first eligible (i.e. as a New Hire), the Pilot may purchase up to two hundred fifty thousand dollars ($250,000) in coverage for himself and up to fifty thousand ($50,000) in coverage for his spouse without providing evidence of insurability. Evidence of insurability will be required for higher initial coverage amounts and to obtain any amount of coverage if the Pilot elects life insurance after initially eligible.
27.E INFORMATION, MEETINGS, AND ADMINISTRATION
27.E.1 The Company and Association will meet not less than twice a year (one meeting to take place in advance of but in proximity to open enrollment) to discuss issues related to the benefit plans and/or administration of such plans. Such meetings may be combined with the meetings required under Section 28 of this Agreement.
27.E.2 The Association and Company will each provide suggested agenda items for the meeting two (2) weeks in advance of the scheduled meeting date.
27.E.3 In conjunction with the meetings referenced in Paragraph E.1., above, the Company will provide customary information, material, and documents to the Association related to the Pilots participation in the benefits plans described herein as soon as such information, material, and documents are available. Examples of such information, materials, and documents include: Plan documents, annual reports, summary annual reports, summary plan descriptions, and summaries of material modifications; plan utilization and other relevant statistical reports; reports filed with the government; and reports distributed to participants. Reports and other documents which contain proprietary or otherwise confidential information will be treated as such and the execution of non-disclosure agreements may be required before such information is exchanged.
27.E.4 Association representatives, including professional advisors to ALPA Retirement and Insurance Committees or the MEC, will be invited to the meetings described in Paragraph E.1., above, and be permitted to participate fully in all discussions.
28 RETIREMENT
28.A FRONTIER AIRLINES, INC. 401(K) RETIREMENT PLAN
28.A.1 The Frontier Airlines, Inc. 401(k) Retirement Plan (the 401(k) Plan) effective January 1, 2016, amended as necessary as of the effective date of this Agreement to incorporate the provisions of this Section 28, shall continue to be available to Pilots covered by this Agreement.
28.A.2 No changes will be made to the terms of the 401(k) Plan as it relates to Pilot employees, except as may otherwise be agreed to in writing by the parties to this Agreement.
28.A.3 A Pilot will be eligible to participate in the 401(k) Plan, and receive the required Company contributions as of the Pilots first day of Active Service.
28.B COMPANY CONTRIBUTIONSEffective January 16, 2019, the Company will make non-elective employer contributions to the 401(k) Plan on behalf of each eligible Pilot equal to twelve percent (12%) of the Pilots compensation as defined in the 401(k) Plan. No Pilot contributions will be required. Non-elective Company contributions shall increase during the term of the Agreement as follows:
28.C VESTINGThe following vesting schedule shall apply with respect to all Company contributions made on or after the effective date of this Agreement:
28.D EXCESS PAYMENTS
28.E TIMING OF CONTRIBUTIONS
28.F CHANGES IN CONTRIBUTION LIMITS
28.G INFORMATION, MEETINGS, AND ADMINISTRATION
28.G.1 The Company and Association will meet not less than twice per year to discuss issues related to the 401(k) Plan as applicable to Pilots, which may be combined with the meetings required under Section 27.E. of this Agreement.
28.G.2 The Association and Company will each provide suggested agenda items for the meeting two weeks in advance of the scheduled meeting date.
28.G.3 In conjunction with the meetings referenced in Paragraph G.1., above, the Company will provide customary information, material, and documents, related to the Pilots participation in the 401(k) Plan described herein to the Association as soon as such information, materials, and documents are available. Examples of such information, material, and documents include investment policy statements, investment performance reports, and other relevant reports, analysis and recommendations of the 401(k) Plan administrator, recordkeeper, or other vendor(s) to be discussed at the meeting. Reports and other documents that contain proprietary or otherwise confidential information shall be treated as such, and the execution of non-disclosure agreements may be required before such information is exchanged.
29 AGENCY SHOP AND DUES CHECKOFF
29.A Each Pilot of the Company shall be required, as a condition of employment, beginning sixty (60) Days after the completion of his probationary period, (1) to be or become a member of the Association, or (2) to pay the Association a monthly service charge for the administration of the Agreement and representation of the Pilot. Subject to applicable law, such monthly service charge shall be equal to the Associations regular monthly dues, initiation fee, and periodic assessments, including MEC assessments, which would be required to be paid by such Pilot if a member of the Association; provided, that neither membership nor the payment of a service charge shall be required in respect to any Pilot (a) for whom membership in the Association is not available upon the same terms and conditions generally applicable to any other member, or (b) as to whom membership was denied or terminated for any reason other than the failure to tender periodic dues, initiation fees and assessments uniformly required by the Association or the Frontier MEC as a condition of acquiring or retaining membership. Subject to applicable law, the Association shall treat members and non-members alike in calculating the amounts due, in establishing the due date of payments and in determining whether a Pilots account is delinquent.
29.B If any Pilot of the Company required to make payment of a service charge or membership dues, periodic assessments, and/or initiation fees becomes delinquent in the making of such payments, the Association shall notify such Pilot by Certified Mail, Return Receipt Requested, copy to the Vice President of Flight Operations of the Company or designee, that he is delinquent in the payment of such service charge or membership dues, periodic assessments, and/or initiation fees and the total amount of money due and the period for which he is delinquent and that he is subject to discharge as a Pilot of the Company. Such letter shall also notify the Pilot that he must remit the required payment within a period of fifteen (15) Days from the date of the Pilots receipt of the letter or be discharged as a Pilot. The notice of delinquency required under this paragraph shall be deemed to be received by the Pilot, whether or not it is personally received by him, when mailed by the Vice President - Finance/Treasurer of the Association by Certified Mail, Return Receipt Requested, postage prepaid to the Pilots last known address, or to any other address which has been designated by the Pilot. It shall be the duty of every Pilot to notify the Associations Membership Services Department of every change in his home address, or of an address where the notice required by this paragraph can be sent and received by the Pilot if the Pilots home address is at any time unacceptable for this purpose.
29.C If, upon the expiration of the fifteen (15) Day period provided in Paragraph B., above, the Pilot still remains delinquent, the Association shall certify in writing to the Vice President of Flight Operations of the Company, or designee, copy to the Pilot, both by Certified Mail, Return Receipt Requested, that the Pilot has failed to make payment within the grace period and is therefore to be discharged as a Pilot. The Vice President of Flight Operations, or designee, shall thereupon remove such Pilot from the service of the Company as a Pilot within thirty-one (31) Days after receipt of the notice provided for herein.
29.D A protest by a Pilot who is to be discharged as the result of an interpretation or application of the provisions of this Section 29 shall be subject to the following procedures:
29.D.1 A Pilot who believes that the provisions of Section 29 have not been properly interpreted or applied, as they pertain to him, may submit a request for review in writing within ten (10) Days from the date of the Pilots receipt of his copy of the notice described in Paragraph C., above. Such request must be submitted to the Vice President of Flight Operations or designee, and the MEC Chairman, both by Certified Mail, Return Receipt Requested, and the request for review must contain an explanation of the reasons for the Pilots disagreement with the application or interpretation of the provisions of this Section of the Agreement. The Vice President of Flight Operations or designee will review the protest and render a decision in writing not later than ten (10) Days following the receipt of the request for review. The decision shall be sent to the Pilot, with a copy to the Vice President Finance/Treasurer of the Association, both by Certified Mail, Return Receipt Requested. If for any reason the Pilot has not received a copy of the notice specified in Paragraph C., above, requesting his discharge, the ten (10) Days in which the Pilot may submit a request for review shall start to run from the date on which the Company notifies the Pilot that he is to be discharged as a Pilot.
29.D.2 The decision of the Vice President of Flight Operations of the Company, or designee shall be final and binding on all interested parties unless appealed as hereinafter provided. If the decision is not satisfactory to either the Pilot or the Association, either may appeal the decision by filing a notice of appeal within ten (10) Days of receipt of the decision. Such notice of appeal shall be sent to the Company, to the other party, and to the National Mediation Board, all by Certified Mail, Return Receipt Requested, and must contain a request for the National Mediation Board to provide a list of five (5) neutral referees. A neutral referee, who is not on the list provided by the National Mediation Board, may be agreed upon by the Pilot and the Association within ten (10) Days after receipt of the list of neutral referees from the National Mediation Board. If the parties cannot agree on such a neutral referee, a referee will be chosen from the panel supplied by the National Mediation Board. The alternate strike method shall be used to select a neutral referee, with the Pilot making the first rejection. Final selection of a neutral referee shall be accomplished within fifteen (15) Days after the receipt of the list of neutral referees from the National Mediation Board. If the Pilot and the Association have not reached agreement by the alternate strike method within the aforementioned fifteen (15) Day period, the first name listed on the five (5) name panel provided by the National Mediation Board shall be the neutral referee.
29.D.3 The decision of the neutral referee shall be requested within thirty (30) Days after the hearing of the appeal unless otherwise agreed by the Pilot and the Association. The decision shall be final and binding on all parties to the dispute. The fees, charges and other reasonable expenses of the appeal hearing, including the fees of the neutral referee, shall be paid equally by the Pilot and the Association.
29.E During the period a protest is being handled or appealed, as herein provided, and until the final decision by the Vice President of Flight Operations or designee, or the neutral referee (if an appeal is timely filed), the Pilot shall not be discharged or otherwise disciplined by the Company nor lose any seniority rights because of his alleged non-compliance with the terms and provisions of this Section.
29.F
29.F.1 A Pilot discharged by the Company under the provisions of this Section shall be deemed to have been discharged for cause.
29.F.2 The Association shall indemnify and hold the Company harmless against any and all claims, demands, suits, costs or other forms of asserted liability (including, without limitation, the reasonable fees and expenses of counsel to the Company) that arise out of or by reason of any action taken by the Company pursuant to a request by the Association or any of its representatives under the provisions of this Section 29. The Company shall promptly notify the Association of any such claims of liability made against the Company and shall cooperate with the Association in the defense of any such claims.
29.G Checkoff of Association Obligations, Association PAC, and the Frontier Airlines Pilot FundDuring the life of this Agreement, the Company agrees to deduct the following amounts from the pay of each Pilot and remit to the Association, within thirty (30) Days of the Day on which the deduction(s) were made, provided that the Pilot has executed the applicable automatic payroll deduction form(s) (which appear at the end of this Section). Deductions shall begin on the second payday of the calendar month following receipt by the Companys Vice President of Flight Operations of such payroll deduction form(s), and will continue thereafter until revoked or cancelled as provided in this Section. The Company remittance to the Association of service charges and Association membership dues and assessments will be accompanied by a list showing names, payroll numbers and amounts deducted for Pilots for whom deductions have been made in that particular period.
29.G.1 Dues and Assessments; Service Charges: Membership dues and assessments (including national and MEC Assessments) levied in accordance with the Constitution and Bylaws of the Association and service charges, as authorized by the Railway Labor Act or this Agreement.
29.G.2 PAC: Voluntary contributions to the Air Line Pilots Association Political Action Committee (ALPA-PAC). The amount of such monthly deduction shall be as specified in such payroll deduction forms and in conformance with any applicable state or federal statute or regulation.
29.G.3 Frontier Airlines Pilot Fund: Voluntary contributions to the Frontier Airlines Pilot Fund. The amount of such monthly deduction shall be as specified in such payroll deduction forms and in conformance with any applicable state or federal statute or regulation.
29.G.4 Nothing in this Section shall be construed as revoking any automatic payroll deduction agreement previously executed by a Pilot for dues, assessments, or service charges.
29.G.5 When a Pilot properly executes one or more of the payroll deduction forms described above, the Vice President - Finance/Treasurer of the Association shall forward an original copy to the Companys Vice President of Flight Operations. Any such form which is incomplete or improperly executed will be returned to the Vice President - Finance/Treasurer. Any notice of revocation as provided for in this Agreement or by the Railway Labor Act, as amended, must be in writing, signed by the Pilot and delivered by Certified Mail, Return Receipt Requested, to the Companys Vice President of Flight Operations, with a copy to the Association (also by Certified Mail, Return Receipt Requested).
29.G.5.a No deductions of service charges or Association dues and assessments will be made from the wages of any Pilot who has executed an automatic payroll deduction form and who has transferred to a job not covered by this Agreement (provided, however, that Pilots transferred to jobs not covered by this Agreement may choose to maintain payroll deduction), is on furlough, or is on leave without pay. Upon return to work as a Pilot covered by the Frontier-ALPA CBA, deductions shall be automatically resumed, provided the Pilot has not revoked his deduction authorization in accordance with the provisions of this Section and of the Railway Labor Act, as amended.
29.G.5.b A Pilot who has executed an automatic payroll deduction form and who resigns or is otherwise terminated (other than by furlough) from the employ of the Company, shall be deemed to have automatically revoked his deduction authorization and if he is reemployed by the Company, further automatic payroll deductions of amounts described above will be made only upon execution and receipt of a new applicable form(s).
29.G.6 Collections of any back dues, assessments, or service charges owed at the time of starting deductions for any Pilot and collection of dues, assessments, or service charges missed because the Pilots earnings were not sufficient to cover the payment for a particular pay period, will be the responsibility of the Association and will not be the subject of payroll deductions.
29.G.7 Deductions of membership dues, assessments, and service charges shall be made each pay period provided there is a balance in the Pilots paycheck sufficient to cover the amount after all other deductions authorized by the Pilot or required by law have been satisfied. In the event of termination of employment, the obligation of the Company to collect dues, assessments, or service charges shall not extend beyond the paychecks for the monthly period in which the Pilots last Day of work occurs.
29.G.8 Annually, within sixty (60) Days of the end of each calendar year, the Company shall report electronically to the Associations Comptroller and the Frontier MEC Chairman a list of all Pilots employed at any time during the calendar year who were paying dues or service charges. The report shall include a listing by Pilot, by employee number, of the annual earnings amount for each payroll code currently utilized by the Company and the respective description of each payroll code. The Association will keep this report confidential and will not disclose any individual Pilots gross earnings except as necessary for the fulfillment of the Associations duties as the bargaining representative of the Pilots.
29.G.9 The following forms are acceptable for the purposes of the check-offs permitted in this Section:
30 [RESERVED FOR FUTURE USE]
31 DURATION
APPENDIX 1
APPENDIX 2
APPENDIX 3
APPENDIX 4
APPENDIX 5
LOA 1 : CONTRACT IMPLEMENTATION
LOA 2 : RATIFICATION PAYMENTS
LOA 3 : PBS
LOA 4 : FIRST YEAR RATE
MOU 1 : HOTEL SELECTION PROCESS
LOA 5 : REASSIGNMENT PROVISIONS AND OTHER CLARIFICATIONS
LOA 7 : NSL PILOT FLYING LIMITATIONS
MOU 2 : MIDDLE SEAT DEADHEAD
LOA 6 : CLARIFICATION AND ILLUSTRATION OF CERTAIN PROVISIONS
LOA 8 : PROFESSIONAL STANDARDS
LOA 9 : DOMICILE TRADES
LOA 10 : REDUCTION IN FLIGHT HOUR BUFFER
LOA 11 : ELECTRONIC FLIGHT BAGS (EFB'S)
LOA 12 : FOQA
LOA 13 : CLARIFICATIONS
LOA 14 : PTC
LOA 15 : COVID-19
LOA 16 : TIMELINE, AVA, AND RESERVE LINES
LOA 17 : AVA AND NOTIFICATION REQUIREMENTS
LOA 18 : JULY COLA-1 AND CURRENCY
MOU 3: DAY ROOMS
MOU 4 : ASAP
LOA 19 : PREFERENTIAL BIDDING SYSTEM
LOA 20 : AUGUST COLA-1 AND PRUDENT JUDGEMENT
LOA 21 : IMPLEMENTATION OF PBS
LOA 22 : SEPTEMBER COLA-1, PTC, AND AVA
MOU 5: Displacements, Medical Certificates and Supplemental Offerings
LOA 23 : COLA-35 AND COLA-0/ELS
LOA 24 : NEW HIRE PILOT OE
MOU 7: System Bid 2020-07 Notice Period Reduction
MOU 6: Miami training and PBS training pattern award
LOA 25 : PBS TIMELINE MODIFICATION
MOU 8: Long-Term Training/COLA-1 Clarification
LOA 26 : REMOVAL BEFORE REPORT
LOA 27 : CLARIFICATIONS
LOA 28 : PARKING ELECTIONS
MOU 9: LOSA
LOA 29 : PBS ALV
MOU 10: My Crew Care
LOA 30 : Amnd. System Board
LOA 31 : SJU Moving Expenses
LOA 32: Amendment to the System Board
LOA 33: Training Completion Date & Reserve Duty
GS- Settlement -Training Hotels 5.B.10
GS- Settlement - 14.A -Sick Time Usage
GS - Settlement - Misaward-25.L.1.c
GS - Settlement: 25.P.2.b -Reassignment Spring 2025
GS - Settlement - Reassignment 25.Q.2.b -2021
GS -Settlement -25.X.1 PAF Reassignment
GS - Settlement -26 - Parking Settlement
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