2015 FedEx CBA

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Section 1: Recognition, Scope and Successorship

The Company’s revenue flights (including Company revenue charter flights), conducted with aircraft owned, leased, or operated within the domestic or international operations described below, conducted with aircraft over 60,000 lbs. MTOGW, shall be flown only by pilots whose names appear on the Federal Express Master Seniority List in accordance with the terms of the Agreement.

1. “Domestic flights” are all those Company flights wherein all flight legs within a single pairing originate and terminate at cities located solely within the contiguous 48 states.

2. “International flights” are all Company flights which originate from, terminate in or transit the U.S. or its territories via a location outside the contiguous 48 states. International flights also include all flights conducted by any pilots on the Federal Express Master Seniority List assigned to Foreign Duty Assignment (“FDA”), or Special International Bid Award (“SIBA”).

3. All Domestic and International revenue flights conducted with aircraft that are owned, leased, or operated by the Company, having a MTOGW of greater than 60,000 lbs., and operated pursuant to the Company’s Airline Operating Certificate or any additional Part 121 Airline Operating Certificate obtained by the Company, shall be operated by pilots on the Federal Express Master Seniority List in accordance with the terms of the Agreement. Flying conducted with aircraft at or under 60,000 lbs. MTOGW (commonly referred to as “feeder flying”) shall not be substituted for Federal Express trunk flying (over 60,000 lbs. MTOGW) so as to cause a furlough of any Federal Express pilot. However, if and to the extent that and for such period of time that the furlough is the result of an act beyond the control of the Company (e.g., FAA grounding of a fleet, etc.), feeder/wet lease flying may be used to replace lost trunk flying. The Company shall not deploy multiple feeder flying in the domestic system to effect an elimination/reduction of the overall flying of an affected aircraft type; however, the Company may use multiple feeders to assume some existing trunk flying when aircraft or lift shortages exist during high volume periods. If feeder flying is substituted for Federal Express trunk flying, any pilots who are assigned a crew position as a result of such substitution (and not due to changes in fleet deployment or composition unrelated to feeder flying such as retirement/replacement of, e.g., B727 aircraft) shall not have their hourly rate of pay reduced. This hourly rate protection shall end if a junior pilot is activated into a higher paying crew position that the senior pilot could have bid upon and been awarded, but elected not to do so.

4. Notwithstanding any other provision of the Agreement, the Company may continue to interline, co-load, code-share, part charter and enter into block space agreements with other carriers to move freight and service in International (outside the contiguous 48 states) markets as required. Within the Domestic system (the contiguous 48 United States) the use of the above shall be done only: (1) when necessary to expedite or (2) when economically necessary, unless otherwise agreed to by the parties.

5. At any time during the year should severe damage or destruction to a hull(s) occur the Company may utilize wet lease on a one for one basis until the lost aircraft is actually replaced in the fleet or for a period of one year, whichever is earlier.

6. The Company may also wet lease a minimum of two aircraft above 60,000 lbs. MTOGW for up to four (4) bid periods per calendar year. At least three (3) of those bid periods shall be consecutive. The Company may elect to divide the fourth bid period of wet leasing into four 7-day parts to use over the course of the year. The Company shall provide a minimum of 30 days’ written notice to the Association of any such wet lease(s). The following conditions shall apply to such wet lease arrangements:

b. Except for the minimum two aircraft wet leasing referred to above, during the bid periods described in this paragraph, the Company shall not wet lease more than the net gain of trunk aircraft scheduled to be added and brought into service in any calendar year. Should, at the end of the calendar year, the Company actually bring into service fewer trunk aircraft than were scheduled and based on the schedule, the Company wet leased more aircraft than would have been permitted if the scheduled additions were the same as the actual deliveries, then the Company shall pay to the Association the same monies it would have paid the Association as calculated under Section 1.B.6.a.

c. Should the Company violate the four bid period restriction, the Company shall pay to the Association the following for each wet lease conducted the greater of the number of block hours scheduled or flown, times 2.0, times the highest hourly rate for a three (3) man crew with fifteen (15) years of pay longevity, in addition to the international override, if any.

7. The Company may enter into wet lease and other agreements with other carriers at any time without penalty or payment to any pilot or the Association in order to deliver freight to cities that cannot be served by Federal Express trunk aircraft because:

a. The Company does not possess all the requisite regulatory authority (or what authority it does possess is in dispute with any government or any agency thereto), all traffic authority and foreign government approvals/authority, as are necessary to fly the scheduled or required route. Should the Company not possess the requisite regulatory authority at the time of the wet lease, it shall make a good faith effort to acquire that authority.

b. Foreign government or foreign authorities’ action restricts the use of pilots on the Master Seniority List so as to render the use of FedEx pilots not economically feasible; or

c. An emergency exists that precludes the Company from utilizing Company aircraft. In the event the Company wet leases aircraft under this provision, the Vice President, Flight Operations, shall notify the Association and crew force through an FCIF as soon as practicable. Routine maintenance problems shall not constitute an emergency.

d. The utilization of pilots on the Master Seniority List is not, or does not continue to be, economically or operationally feasible given the low freight volume, treaty or regulatory restrictions on the right of the Company to move freight through or beyond certain countries or cities, or remoteness or isolation of the served city to the existing Federal Express international route structure.

8. Should the configuration of a given shipment (certain satellites, aircraft, helicopters, etc.) preclude the Company from using one of its own aircraft, then the Company may enlist the services of another carrier to handle that shipment on a sub-contract basis.

9. The Company shall notify the Association quarterly concerning all wet-leasing done during the preceding three bid periods. The Company shall identify the wet lease operator, the trip(s) flown by same, and the reason and effect on Federal Express crewmembers. The Company shall also meet with the Association on a quarterly basis to discuss wet leasing, fleet acquisition and disposal plans and to share with the Association the additional Federal Express trunk route additions/deletions it anticipates over the next quarter. A standing committee consisting of an equal number of Association and Company representatives shall meet within fifteen (15) days following the end of the calendar quarter to review and discuss these matters.

C. Parent and Affiliates

Should the parent of the Company (FedEx Corp.) or any subsidiary or Affiliate directly or indirectly controlled by the parent of the Company acquire with the intention of retaining and operating a U.S. certificated air carrier or air operation operating aircraft of over 60,000 lbs. MTOGW, then the acquired carrier’s routes and operation of aircraft above the MTOGW of 60,000 lbs. shall be assumed by the pilots on the FedEx Master Seniority List. If the acquired airline is to be sold in the normal course of business, these seniority-merger provisions do not apply. If FedEx Corp., its subsidiaries or Affiliates retain and operate the acquired airline, the assumption of the acquired flying by Federal Express Master Seniority List pilots shall take place as soon as reasonably practical after either the merger of the acquired carrier’s appropriate pilots (those flying aircraft over 60,000 lbs.) into the Federal Express Master Seniority List in the manner set forth in Section 1.D.3., or in the event the pilots from the acquired carrier are not intended to be retained, then upon the final regulatory confirmation and transfer of the operating certificates to Federal Express and/or FedEx Corp.

D. Successorship

1. If another U.S. certificated airline or U.S. certificated air cargo operation acquires all or a substantial portion of the Company’s air operations and as a result pilots on the Federal Express Master Seniority List are to be integrated with pilots on seniority lists at that airline or air cargo operation, the integration of pilot seniority lists shall be governed by the Association’s Merger Policy if the Association represents the airline’s pilots as well as the Federal Express pilots and otherwise by Section 3 and Section 13 of the Allegheny-Mohawk Labor Protective Provisions [as specified in 59 CAB 22 (1972)].

2. This agreement shall be binding upon any successor, including without limitation, any assignee, purchaser, transferee, administrator, receiver, executor, and/or trustee of the Company (hereinafter referred to as a “Successor” to the Company). Neither the Company nor its Affiliates shall consummate a Successor transaction unless the Successor agrees in writing, in advance of executing an agreement to consummate such transaction and as an irrevocable condition of the Successorship transaction, to assume and be bound by the Agreement, to recognize the Association as the representative of the Federal Express pilots and to guarantee that the pilots on the Federal Express Pilots’ Master Seniority List will be employed by the Successor in accordance with the provisions of this Agreement. The Successor shall continue to recognize the Association in accordance with Section 1.A. unless and until the National Mediation Board transfers or extinguishes the Association’s certification following an operational merger. The Successor shall continue to be bound by the Agreement until the terms of the Agreement are modified in accordance with applicable law.

4. While the integration of the pilot seniority lists is pending or in process the Company agrees not to divert active and existing flying done by Federal Express pilots to the acquired airline or air cargo operation. This restriction shall not preclude the Company from acting to eliminate redundancies, overlaps of routes/services or similar services/routes provided by both carriers. The Company shall, however, not cause Federal Express pilots to be furloughed, assigned, or downgraded as a direct result of the elimination of these redundancies, or the discontinuance of the overlaps of route/services, or the similar service/routes, and the elimination or discontinuance of redundancies, overlaps or similar service/routes shall, to the extent operationally and economically practical, be accomplished without an elimination of or a reduction in flights operated by pilots on the Master Seniority List.

E. Expedited Grievance and Arbitration Procedures

Any grievance alleging a violation of the provisions of Section 1 shall be filed in writing with the Vice-President, Labor Relations, within 10 days following the date on which the pilot acquired knowledge or reasonably should have acquired knowledge, of the fact(s) or event(s) giving rise to the grievance. The grievance shall be considered and a decision rendered in accordance with the provisions of Section 20 of this Agreement. The hearing before the Vice-President, Labor Relations shall be conducted within 5 business days following receipt of the grievance, and a decision shall be rendered within 5 business days of the conclusion of the hearing. If the decision of the Vice-President, Labor Relations is not satisfactory to the pilot or the Association, such decision may be appealed to the System Board in the manner set forth in Section 21. The System Board hearing shall be commenced within 30 days after the Vice President’s decision, or on the earliest available date offered by the neutral arbitrator selected by the parties. The parties shall attempt to use Robert Harris as the neutral arbitrator. If Mr. Harris is unavailable, the parties shall select the neutral arbitrator from the panel of arbitrators empowered to hear administrative grievances under Section 20. The parties shall make known to the selected arbitrator the expeditious nature of this arbitration and request a decision in the matter as soon as possible.

F. Disruption of Company Business

The Company shall not lock out pilots and pilots shall not engage in, cause or support any strike or work stoppage at the Company. In the event of an existing or impending labor dispute involving other represented employees, which is or has the capability of disrupting Company flight operations, the MEC Chairman and the Vice President, Flight Operations or the System Chief Pilot shall consult about what measures, if any, were or would be appropriate for Federal Express to take in light of the situation. The Vice President, Flight Operations or the System Chief Pilot will share the result of those conversations in an FCIF to the crewforce and outline what action(s), if any, the Company will take (or has taken) concerning the possible labor dispute.

In the event of a work stoppage legally authorized under the Railway Labor Act, involving other U.S. employees of the Company, the Vice President, Flight Operations or the System Chief Pilot shall consult with the MEC Chairman concerning the nature of any possible disruptions and the expectations the Company has in light of those anticipated disruptions. Pilots shall not be required to perform work customarily done by the pilots of another U.S. certificated air cargo operation who are engaged in a lawful strike against their employer unless the Company has historically performed and provided such services on that airline’s behalf. In cases where the Company has contracted to conduct training for another carrier’s pilots, Federal Express pilots may refuse to train the other carrier’s pilots if those pilots are strike replacements. Strike replacement pilots are those pilots who are being trained to replace the carrier’s current striking pilots or those pilots (from the other carrier) in training for a new seat position when an imminent pilot strike is threatened. Nothing in this section shall preclude the Association from engaging in self-help activities after the procedures provided by the Railway Labor Act, as amended, for changing the terms of this comprehensive collective bargaining agreement have been exhausted.

Click here to read the FedEx Corporation to ALPA Letter

Section 2: Definitions

1. ACTIVATION DATE

The date a pilot is released from training upon certified completion of OE or, if training is not required, then on a date specified for activation by the Company.

2. ACTIVE PAY STATUS

The pay status of an active pilot.

3. ACTIVE PILOT

A pilot other than a pilot on disability, furlough, leave of absence or disciplinary suspension.

4. ACTUAL BLOCK HOURS (ABH)

Actual time computed in hours and minutes from block-out to block-in.

5. ACTUAL CREDIT HOURS (ACH)

ACH is computed at the completion of an assignment.

a. ACH for a duty period is the highest of:

i. MPDP; or

ii. actual block hours; or

iii. actual duty rig.

b. ACH for a trip is the higher of:

i. trip rig as actually flown, plus actual revenue block hours in excess of 8 in any duty period, plus duty rig for the portion of any duty period beyond the scheduled on duty limitations; or

ii. the sum of ACH for each duty period.

6. AFFILIATE

The term “Affiliate” refers to (a) any entity that Controls the Company or any entity that that Company Controls, and/or (b) any other corporate subsidiary, parent, or entity Controlled by or that Controls any entity referred to in (a) above. The term shall include, but not be limited to, FedEx Corporation, FedEx Ground Package System, Inc., FedEx Custom Critical, Inc., FedEx Trade Networks, Inc., FedEx Freight Corporation, FedEx Kinko’s Office and Print Services, Inc., and FedEx Corporate Services, Inc.

7. AGREEMENT

The term “Agreement” means the collective bargaining agreement between the Company and Association effective November 2, 2015, and all letters of agreement and interpretations that remain as part of the Agreement by operation of Section 31.A. This definition does not apply to the use of the term “Agreement” in paragraph headings and section titles.

8. AIR CARRIER

The term “Air Carrier” means any common carrier by air.

9. AIRCREW PROGRAM DESIGNEE (APD)

An APD is a Check Airman who is authorized by the FAA to conduct airman certifications on behalf of the Administrator.

10. ASSIGNED

Other than as related to Section 24, a pilot is considered to have been assigned to an activity when he receives notice of his responsibility for that activity from the appropriate FedEx personnel or through the VIPS notification system.

11. ASSIGNED TRAINING BASE

An Instructor Pilot’s or Check Airman’s operational, training-related work location, whenever that location is not his flying base.

12. Assignment

As related to Section 24, a pilot’s involuntary placement into a crew position, training start date, or base transfer activation date. Specifically in the context of a crew position, “involuntary” describes placement into a crew position which the pilot either included on his standing bid below his previous, then-Currently Awarded/Assigned Crew Position, or did not include on his standing bid.

13. ASSIGNMENT RIGHT OF RETURN (ARR)

A pilot’s right to return to the crew position from which he was previously assigned.

14. Award

As related to Section 24, a pilot’s voluntary placement into a crew position, training start date, or base transfer activation date. Specifically in the context of a crew position, “voluntary” describes placement into a crew position which the pilot included on his standing bid above his previous, then-Currently Awarded/Assigned Crew Position.

15. BACK-END DEADHEAD

Deadhead travel that is scheduled to occur after the last revenue segment or standby period of a trip, and which terminates in the pilot’s base.

16. BASE

An aircraft specific operational work location (FDA or domicile).

17. BASE CLOSURE

For a given base (e.g., MEM MD-11), when the number of pilots with that base as their currently awarded/assigned crew position is zero following the closing of a System Bid.

18. BASELINE FARE

A fare quote that is obtained at the publication of the Baseline Fare.

19. BLOCK-IN

The moment that an aircraft comes to a complete rest in the blocks.

20. BLOCK-OUT

The moment that an aircraft first moves from the blocks for the purpose of flight or repositioning on the airport (including push back or tow).

21. CAPTAIN

A pilot, designated by the Company, to command an aircraft, and who has authority over all crew members and passengers for the purpose of operating that aircraft.

22. CARRYOVER

A trip or block of R-days scheduled to begin in one bid period and end in the next.

23. CASE IN CHIEF

The evidence presented by a party in the primary presentation of its case. The term does not include evidence used on cross examination or in rebuttal.

24. CHECK AIRMAN

A pilot qualified to administer evaluations. Aircrew Program Designee (APD), Line Check Airmen (LCA), Proficiency Check Airmen (PCA), and Standards Check Airman (SCA) are each a type of Check Airman. A Check Airman may be qualified as more than one type (e.g., dual qualified).

25. COMPANY

Federal Express Corporation, a Delaware corporation, and its successors and assigns.

26. COMPANY AIRCRAFT

The term “Company Aircraft” refers to Company trunk aircraft that are not Feeder Aircraft. The term “Company Aircraft” also shall not include corporate jets used primarily for the transportation of the Company or Affiliate personnel and not freight. Company Aircraft shall include aircraft owned, leased, or otherwise operated by the Company.

27. CONSENSUS OF TRAINING REVIEW BOARD (TRB)

The voluntary agreement of all members of the TRB. It does not require that all members believe that a particular recommendation is the most desirable solution, but that the result falls within each member’s range of acceptable solutions for that matter. The members of the TRB shall strive to reach consensus on any matter within their discretion.

28. CONSULT

To consider and take input from before implementation but not requiring agreement, approval, or consensus.

29. CO-TERMINAL

Two or more airports in a specific grouping recognized as “co-terminals” in the Official Airline Guide (OAG).

30. CREDIT HOUR (CH)

A unit, expressed in hours and minutes, used to calculate the value of an activity for purposes of pilot pay.

31. CREW POSITION

A specific crew seat, in a specific aircraft type, at a specific domicile (e.g., Captain MD-11 MEM; First Officer A-300 MEM).

32. CREW SEAT

Crew seat means Captain, First Officer or Second Officer.

33. CREW STATUS

A specific crew seat, in a specific aircraft type (e.g., Captain A-300; First Officer MD-11).

34. CURRENTLY AWARDED/ASSIGNED CREW POSITION OR STATUS

The crew position or crew status to which the pilot has an award/assignment, and which may differ from the pilot’s Current Crew Position or Status.

35. CURRENT CREW POSITION OR STATUS

The crew position or crew status in which the pilot was most recently activated, and which may differ from his Currently Awarded/Assigned Crew Position or Status.

36. CURRENT STAFFING LEVEL

The number of active pilots currently awarded/assigned to a particular crew position on the date of the posting of a System Bid.

37. DATE OF HIRE

The first day of initial new hire training/basic indoctrination completed by a new hire pilot.

38. DAY

A 24:00 hour period of time, stated in local base time, specific to each base. A day is also referred to as a local base day.

39. DEADHEAD (DH)

Travel scheduled by the Company to position a pilot.

A set of preferences predetermined by the SIG, for a given Crew Position, which will be used when a pilot has entered neither Standing Monthly Secondary Line Preferences, nor specific preferences.

41. DEPENDENTS

Dependents are individuals listed in the most recent version of the Pilot Benefit Book as dependents eligible for health care coverage.

42. DIFFERENCES TRAINING

The training required for a pilot who has qualified in a crew status, when such training is necessary before a pilot serves in the same crew status on a particular version of that airplane.

43. DISTANCE LEARNING

Learning that occurs when the trainee and instructors are separated by space and/or time. Distance learning courses are taught using various methods, including online technology, software, audio/video, videoconferencing, teleconferencing, or written material. Computer Based Training (CBT), and Learning Management System (LMS), are types of distance learning.

44. DOMESTIC DEADHEAD

A deadhead that operates solely within the contiguous 48 United States.

45. DOMICILE

An airport or co-terminal airports, designated by the Company, to which pilots are permanently assigned. A domicile is aircraft and base specific. A pilot’s base is his domicile, except for pilots assigned to an FDA.

46. DOWN/LATERAL BID AWARD

An award (not including either Stand-In Bid Awards or ARR awards) of a different crew status that requires ITU training, that is compensated at an hourly rate less than or equal to the hourly rate of pay for his current crew status.

47. DUAL QUALIFIED CHECK AIRMAN

A Check Airman who holds LCA and PCA qualifications.

48. DUTY PERIOD

A period of time a pilot is scheduled to be on duty or is actually on duty during a trip or airport standby.

49. DYNAMIC STAFFING LEVEL

The number of active pilots currently awarded/assigned to a particular crew position at any given time during the processing of the System Bid. The Dynamic Staffing Level may vary from the Current Staffing Level as the System Bid is processed.

50. ENHANCED OVERSIGHT PROGRAM (EOP)

A program specifically created to improve air safety at the Company by providing a method of identifying pilots who have demonstrated performance deficiencies or have experienced failures in the training environment.

51. ELIGIBLE PILOT (FOR SYSTEM BID)

Except as otherwise provided in Section 11 (crew position freeze), all active pilots shall have the ability to participate in a System Bid and, by operation of Section 24.C., receive an actual or notional award/assignment consistent with their standing bid.

52. ELIGIBLE PILOT (FOR TRAINING/BTA BID)

All active pilots shall have the ability to bid for and/or be assigned to monthly training slots (or BTA dates), except for:

a. a pilot who received a notional crew position award/assignment pursuant to Sections 9.E.6., 11.Q.2., 18.B.4., and 24.B.9.;

b. a pilot who received an actual or notional crew position award/assignment but who is returning from a pay only sick status (see Section 24.D.6.);

c. an FDA pilot who was assigned to a crew position and elected to hold his required training or BTA date in abeyance until he completes his commitment period; or

d. an FDA pilot, who has completed his commitment period and was awarded/assigned to a crew position but has elected to defer his training or BTA date due to an education conflict (as defined in the FDA LOA).

53. EMERGENCY

The term “Emergency” shall include a situation beyond the Company’s Control as well as a situation or occurrence of a serious nature, developing suddenly and unexpectedly, and demanding immediate action. A situation is “Beyond the Company’s Control” can include: (1) an act of God, (2) a strike by any other Company employee group, (3) a national emergency, (4) revocation of the Company’s operating certificate(s), (5) unexpected grounding of the Company’s aircraft, or (6) a governmental or commercial action imposed on the Company which substantially reduces or inhibits the Company’s operation or ability to operate its air fleet, or portion thereof.

54. ESTABLISHED FARE

A fare quote obtained pursuant to Section 8.A.4.b. The fare quote shall include documentation which verifies the time and date that the fare quote was obtained and the employee number for the pilot(s), if any, assigned to the deadhead at that time.

55. EXPEDITED FREIGHT

The term “Expedited Freight” shall mean freight that exceeds the volume that can be shipped on the Company’s scheduled aircraft from a given airport location, or is available to be shipped after the Company’s aircraft has departed or freight that has arrived after a sort.

56. FARE QUOTE

A quote for the actual cost of a deadhead ticket, capable of being purchased by the Company at the time this quote is obtained. This includes quotes obtained for a deadhead to which a pilot is not yet assigned.

57. FEEDER AIRCRAFT

The term “Feeder Aircraft” shall mean aircraft with a maximum certificated gross takeoff weight not in excess of 60,000 pounds.

58. FILE/ISSUE

A document shall be deemed “filed” or “issued,” as applicable, on the day in which the document is postmarked, or if Federal Express is used, on the day in which the document is submitted to the Company for shipment.

59. FIRST OFFICER (F/O)

A pilot who is second in command of a Company aircraft and, in the absence or incapacitation of the Captain, has the authority over all crew members and passengers for the purposes of operating that aircraft.

60. FLAT BED SEAT

A seat on a commercial deadhead carrier that when fully reclined is greater than 175 degrees.

61. FLEET RETIREMENT

For a given aircraft (e.g., B727), when the number of pilots with that aircraft as their currently awarded/assigned crew status is zero following the closing of a System Bid.

62. FLIGHT OR FLIGHT SEQUENCE

A flight segment or series of flight segments, uninterrupted by a legal rest period.

63. FLIGHT SEGMENT

A single flight leg between block-out and block-in.

64. FOREIGN DUTY ASSIGNMENT

An assignment of a pilot to a base outside the United States, or its territories, designated by the Company, for greater than 3 bid periods. A pilot holding an FDA shall be permanently domiciled in MEM.

65. FPS DUTIES

Duties which cannot be performed by a line pilot with standard qualifications, and for which special flight test-related training and/or qualification may be required by the Flight Operations Manual (FOM) and/or Flight Test Operations Manual (FTOM).

66. FRONT-END DEADHEAD

Deadhead travel that is scheduled to occur prior to the first revenue segment or standby period of a trip, and which originates in the pilot’s base.

67. FUNCTION

A subroutine in pairing generation software designed to accomplish a particular task. Some functions have variable settings that allow the user to adjust the influence they have on a particular pairing solution.

Example:

“Cie global soft credit max per position” is a function designed to control the amount of flying assigned to a particular base. It is colloquially referred to as the “base constraint” function.

68. FURLOUGH

A method for reducing the number of active pilots.

69. IMMEDIATE FAMILY

A pilot’s spouse, his dependents under the age of 18, and his dependents over the age of 18 that are relocating with the pilot to his new permanent residence.

70. INITIAL CADRE CHECK AIRMAN

Pilots that the Company desires to be employed as Line Check Airmen (LCA) and Proficiency Check Airmen (PCA) to facilitate the introduction of a new aircraft.

71. INSTRUCTIONAL BID PERIOD

A bid period during which an Instructor Pilot or Check Airman is in a pay only status for the purposes of conducting training.

72. INSTRUCTOR

A Check Airman, Instructor Pilot, or professional instructor selected by the Company to perform instructional duties. All instruction after the Procedures Validation (PV) shall be conducted by an Instructor who holds an Airline Transport Pilot (ATP) certificate.

73. INSTRUCTOR PILOT

A pilot selected to perform instructional duties in the training center. Instructor Pilots must be qualified on the airplane in which they instruct.

A deadhead that originates on one continent and terminates on another continent, and is scheduled for more than 5 block hours (OAG).

75. INTERNATIONAL DEADHEAD

A deadhead that originates or terminates in a location outside the contiguous 48 United States.

76. LAYOVER

A period of time during a trip, starting at release and ending at showtime, which contains a legal rest period.

77. LEGAL REST PERIOD

A period of time established prior to release, uninterrupted by the Company, during which a pilot is free from all duty. A pilot’s legal rest period shall begin when released from duty.

78. LEGAL RESTRICTIONS

Limitations imposed as a result of regulated age restrictions, FAA medical restrictions or other aviation-related restrictions imposed by law or regulation.

79. LINE CHECK

A line check is an operational evaluation event conducted to observe a pilot’s performance of his duties and responsibilities during line flights dispatched under FAR Part 121.

80. LINE CHECK AIRMAN (LCA)

A pilot qualified to administer line checks and conduct OE training.

81. LINE OPERATIONAL EVALUATION QUALIFICATION (LOE) / LINE OPERATIONAL EVALUATION CONTINUING QUALIFICATION (CLOE) / MANEUVERS VALIDATION QUALIFICATION (MV)

An evaluation/validation event which shall be conducted by a Check Airman or the FAA. Event sets/maneuvers are specified in applicable FARs and AQP source documents. Events sets/maneuvers may be re-accomplished in accordance with the FARs and AQP source documents, but no training may be conducted.

82. LOCAL BASE TIME (LBT)

The local time (standard or daylight savings) at a pilot’s base.

83. LONGEVITY YEAR GROUP

For pay purposes, a pilot’s full years of longevity plus one (e.g., a pilot earns the fifth year hourly rate when he has completed 4 years of active service).

84. MANEUVERS VALIDATION CONTINUING QUALIFICATION (CMV)

A validation/qualification event to maintain or reestablish a pilot’s qualification in a crew status, which shall be conducted by an Instructor Pilot. Maneuvers are specified in applicable FAR and AQP source documents. This is a train-to-proficiency event; however, proficiency in all maneuvers must be achieved within the allotted time for the event.

85. MATERNITY PERIOD

A pilot’s maternity period begins on the date of pregnancy and extends through 120 days following the date of the end of the pregnancy.

86. MAXIMUM LINE VALUE (MLV)

The maximum credit hour value of a pilot’s line, including carry-in credit hours.

87. MAXIMUM LINE VALUE (MLV) DROP RANGE

The credit hour span between a pilot’s awarded BLG/RLG (not including carryover) and MLV.

88. MAXIMUM STAFFING LEVEL

The threshold number of active pilots awarded/assigned to a particular crew position, beyond which that crew position is overstaffed, as determined by the Company. The Maximum Staffing Level shall be published for every crew position, on every System Bid posting.

89. MID-TRIP DEADHEAD

Deadhead travel that is scheduled to occur between 2 revenue segments or standby periods within a trip.

90. MINIMUM STAFFING LEVEL

The threshold number of active pilots awarded/assigned to a particular crew position, below which that crew position is understaffed, as determined by the Company. The Minimum Staffing Level shall be published for every crew position, on every System Bid posting.

91. MOST JUNIOR PILOT NOT SUBJECT TO ASSIGNMENT

For any crew position in which the Dynamic Staffing Level exceeds the Maximum Staffing Level, the pilot immediately senior to the most senior pilot subject to assignment.

92. NEGATIVE BID PERIOD REPORT

A report indicating that no revenue flying was performed by pilots other than line pilots during a particular bid period.

93. NEW HIRE PILOT

A pilot assigned to, or awarded his initial crew position.

94. NEW HIRE JUNIOR ACTIVATION COMPENSATION

An hourly rate of pay which is higher than the hourly rate of pay a pilot otherwise would earn, and to which he may be entitled as a result of a new hire junior pilot’s activation out of seniority order.

95. NOTIONAL AWARD/ASSIGNMENT

When a pilot is awarded or assigned a notional award or assignment, the preliminary System Bid results will determine the pilot’s notionally awarded/assigned crew position. The final System Bid results will not include that pilot’s notional award/assignment and will instead award/assign that crew position to another pilot.

96. OFF SITE TRAINING

Instructor Pilots and Check Airmen: Any training conducted at a location other than an Instructor Pilot’s/Check Airman’s base or Assigned Training Base.

Students: Any training conducted at a location other than a pilot’s base.

97. OPEN TIME

A trip or base standby period which is or becomes unassigned for any
reason.

98. OPERATION IN THE CRITICAL PERIOD

Operation during any part of the critical period as an operating (i.e.,
required as part of the crew, not deadheading) crewmember.

99. OPERATING EXPERIENCE (OE)

A pilot’s operating experience is the final curriculum segment in a qualification or requalification curriculum. Operating experience provides hands-on experience in performing the duties of a specific crew status under the supervision of a current and qualified evaluator (Check Airman). Operating experience is conducted during actual flight operations. Operating experience is complete when the individual is recommended for a line check.

100. OPERATIONAL

For the purposes of Section 8, a period of time that commences at the scheduled report time of a duty period and concludes at the end of that duty period.

101. OPERATIONAL RECOVERY

The inclusion of a scheduled deadhead into a trip (either via revision, or ad-hoc trip construction), when there are less than 72 hours remaining between such inclusion, and the first revenue flight protected by such scheduling.

102. OVERRIDE SCHEDULED CREDIT (OSC)

OSC for a trip is the higher of:

a. Trip rig as scheduled, plus actual revenue block hours in excess of 8 in any duty period; or

b. The sum of the scheduled credit hour values of the duty periods. The scheduled credit hour value of each duty period is computed as the highest of:

i. minimum pay per duty period (MPDP); or

ii. block hours; or

iii. duty rig.

103. PARAMETER

For purposes of this subsection, a parameter is a rule, used in the SIG process and identified as a parameter, regarding the construction of pairings or lines.

Example:

“Maximum block per duty period” is a domestic parameter. Its current value is 7:35.

104. PASSOVER PAY

An hourly rate of pay which is higher than the hourly rate of pay a pilot otherwise would earn and to which such pilot may be entitled as a result of a junior pilot’s activation out of seniority order.

105. PDH ASSIGNMENT(S)

An assignment(s) designated for humanitarian or publicity purposes. PDH assignments shall not include revenue flying.

106. PILOT

A Captain, First Officer or Second Officer covered by this Agreement, employed by the Company, and whose name appears on the Master Seniority List.

107. PILOT(S) SUBJECT TO ASSIGNMENT

For any crew position in which the Dynamic Staffing Level exceeds the Maximum Staffing Level, the number of junior pilot(s) equal to the numerical difference between the Maximum Staffing Level and the Dynamic Staffing Level.

108. PROFICIENCY CHECK AIRMAN (PCA)

A Check Airman qualified to administer simulator validations/evaluations.

109. QUALIFIED

For purposes of Section 11 only, a pilot who has successfully completed the Company’s certification program, approved by the FAA, for a particular crew status.

110. REGULATED AGE

The age at which FARs do not permit a pilot to continue flying as a Captain or First Officer.

111. RELIEF FLIGHT OFFICER (RFO/RF2)

A pilot who is assigned to serve as a third pilot in a 2-pilot cockpit crew. The RFO/RF2’s primary responsibility is to assist the Captain and First Officer and while aloft, relieve the Captain and First Officer for the purpose of obtaining rest during the cruise portion of a flight(s).

112. REQUESTS/PREFERENCES

Requests and preferences (e.g., for trips to be dropped to satisfy minimum day off protection) shall be processed in the sequence provided in the Agreement, and shall be granted or denied based on objective criteria which may be specific to the particular request.

113. Scheduled

For the purposes of Section 8, commencing at the construction of a trip, any time period not meeting the definition of operational.

114. SECOND OFFICER (S/O)

A pilot who is third in command and who assists the Captain and First Officer in operating and monitoring aircraft systems.

115. SERIES OF TRIPS

A combination of trips that are not separated by a legal rest period.

116. SETTING

The particular value at which a variable function is fixed for a given solution.

Example:

For February 2006, the base constraint setting for ANC MD-11 CAP was 217 CH/day.

117. SHOWPAY

Credit hours to which a pilot may be entitled as a result of his removal from an assignment. A pilot shall be deemed removed from his assignment when he is actually notified of his removal, or when the Company has made reasonable efforts to notify him, whichever occurs first.

118. SHOWTIME

The time a pilot is scheduled to report for duty.

119. SLOT DENIAL PAYMENT (SDP)

The payment due to a pilot who is:

a. Denied a training start date award to which he is otherwise entitled; or

b. Inversely assigned to a training start date as the result of a more junior pilot being bypassed.

120. SPECIAL INTERNATIONAL BID AWARD (SIBA) / SPECIAL BID AWARD (SBA)

A bidding status in which pilots bid for certain specified flying.

121. STANDBY SEQUENCE

A standby sequence is defined when a pilot’s trip is awarded/assigned. A standby sequence is the period of time starting at the beginning of a standby, and ending at the scheduled departure of the next scheduled flight activity (revenue flight or deadhead), in the trip, as awarded/assigned.

A set of preferences defined by a pilot, for use in constructing his secondary line, should he be awarded one, in a bid period for which he has not entered specific secondary line inputs or preferences.

123. SUBMISSIONS

a. Except as provided in b. below, submissions (e.g., for bid line adjustments) shall be processed in the order specified in the Agreement and shall be granted or denied based on uniformly applied, objective criteria. The Company shall consult with the Association prior to implementation of any new objective criteria, including any subsequent changes, and will supply material aspects in writing.

b. No bid line adjustment submission shall be unreasonably denied; however, with the approval of the Vice President, Flight Operations or the System Chief Pilot, a bid line adjustment submission may be denied for reasons other than those under item a. above. In such cases, the denial shall be reported to the Association within 3 days and shall specify the reasons for the denial.

124. SYSTEM BID

The process for awarding or assigning pilots to crew positions.

125. SYSTEM BOARD OF ADJUSTMENT

The legal proceeding used for resolving disputes growing out of grievances (including discipline under Section 19) or out of the interpretation or application of this Agreement in accordance with Section 204 of the Railway Labor Act, 45 U.S.C. Section 184.

The Credit Hour (CH) average of regular and secondary lines, system wide. Secondary lines that are constructed solely with reserve days shall not be included in the average.

127. TIME AWAY FROM BASE (TAFB)

The total hours and minutes a pilot is away from his base, beginning at showtime and ending upon release at his base at the conclusion of his trip.

128. TIME ZONE DIFFERENTIAL (TZD)

The number of hours difference between the time zone in which a duty period begins and the time zone in which it ends.

129. TRAINING FOR PROFICIENCY EVENT

An event to establish, maintain, or demonstrate a pilot’s proficiency in which end level proficiency is not required in order to progress (e.g., remedial training). The type and number of maneuvers shall be tailored to the specific objectives. Training may be conducted by any qualified instructor. There are no limits to the number of maneuvers which may be re-accomplished, nor to the training that is conducted within the allotted time for the event.

130. TRAINING TO PROFICIENCY EVENT

A training event to maintain or demonstrate a pilot’s proficiency in which end level proficiency is required in order to progress (e.g., SV/ESV/PV/CMV). The type and number of maneuvers shall be tailored to the specific objectives of the training. SV/ESV/PV training may be conducted by any qualified instructor. Unless otherwise specified in this Agreement, CMV training shall be conducted by an Instructor Pilot. There are no limits to the number of maneuvers which may be re-accomplished, nor to the training that is conducted within the allotted time for the event.

131. TRAINING REVIEW BOARD (TRB)

A board established by the Association and the Company for the purpose of reviewing and making decisions and, where appropriate, referrals and recommendations concerning training. The TRB shall be comprised of two members each from the Association and the Company. The TRB members shall consist of the MEC Training Committee Chairman, the MEC Pilot Assistance Group Chairman, the Company’s Managing Director of Air Operations Training and the Senior Manager of Flight Standards. If any of the Company’s members are not on the Federal Express Pilots’ Master Seniority List, the Company will appoint a TRB member who is on the Federal Express Pilots’ Master Seniority List. The Association or the Company may appoint a substitute TRB member(s) in any particular case.

132. TRIP

A series of flights normally commencing 1 hour prior to scheduled or rescheduled departure time from a pilot’s base and normally terminating 30 minutes after actual block-in at his base, except as provided in Section 12.A.6. (Operational Trip Return to Base) and 12.B.3. (Standby).

133. TRIP DAY

A day on which any portion of a trip is scheduled to operate.

134. Two Consecutive Non-Peak Bid Periods

Any bid period with the exception of the November and December bid periods. October and January shall be considered consecutive bid periods.

135. 24-REQUALIFICATION (24-REQUAL)

A training course that is only available to an eligible pilot who was previously activated in his currently awarded/assigned crew status. Any requalification training course having a footprint similar to an ITU footprint shall not qualify as a 24-Requal.

136. 24-DOWNBID TRAINING (24-DOWNBID)

A training course that is only available to an eligible pilot whose currently awarded/assigned crew status is the First Officer seat, in the same aircraft as the Captain seat from which he was awarded/assigned. Any downbid training course having a footprint similar to an ITU footprint shall not qualify as a 24-Downbid.

137. 24-DIFFERENCES TRAINING (24-DIFFERENCES)

A training course that is only available to an eligible pilot whose currently awarded/assigned crew status involves the operation of an aircraft type that the FAA Administrator has determined requires differences training for which the pilot has to bid.

Section 3: Compensation

A new hire pilot shall receive a salary of four thousand dollars per month until his first actual activation date.

1. If a new hire pilot’s date of hire is other than the first day of a month, his first month’s salary shall be prorated.

2. If a new hire pilot is activated on any day other than the first day of a month, his salary (i.e., $4,000 per month) shall be prorated based on the number of days in that month prior to activation.

B. Longevity and Crew Status

A pilot’s hourly rate of pay shall be based on his longevity year group and crew status, except as described in Section 3.A.

1. Longevity

a. The longevity of a pilot employed by the Company as a pilot prior to the effective date of this Agreement shall be his longevity on the effective date. Longevity shall continue to accrue following the effective date except as otherwise provided for in this Agreement.

b. A pilot employed by the Company on or after the effective date of this Agreement shall accrue longevity beginning on his date of hire as a pilot. Longevity shall continue to accrue following the pilot’s date of hire, except as otherwise provided for in this Agreement.

c. A pilot who changes longevity year groups after the beginning of any bid period shall be compensated at his new rate for that entire bid period.

2. Crew Status

b. Notwithstanding Section 3.B.2.a., a pilot whose crew seat is restricted by the FAA regulated age shall be compensated at the pay rate for his new crew status on the date he reaches the regulated age.

C. Hourly Rates of Pay

1. Hourly Rates – Effective First Day of November 2015 Bid Period

a. Wide Body Rates of Pay

MD-10/11, DC-10, B-777F, A-300/310, B767F

Year Group CAP F/O
1 236.38 71.85
2 262.61 163.02
3 263.14 163.24
4 264.21 166.51
5 265.24 169.84
6 266.32 173.23
7 267.39 176.69
8 268.46 180.21
9 269.51 183.82
10 272.64 188.97
11 275.76 194.26
12 278.94 199.69
13 281.03 200.71
14 283.83 201.72
15 286.67 203.24

b. Narrow Body Rates of Pay

B-737, B-757
Year Group CAP F/O
1 200.39 69.31
2 222.67 133.61
3 223.80 139.04
4 225.03 142.08
5 226.29 145.21
6 227.52 148.42
7 228.77 151.68
8 230.03 155.01
9 231.29 158.42
10 233.95 164.11
11 236.64 170.05
12 239.35 176.17
13 241.76 177.05
14 244.18 177.91
15 247.12 178.81

2. Hourly Rates – Effective First Day of November 2016 Bid Period

a. Wide Body Rates of Pay

MD-10/11, DC-10, B-777F, A-300/310, B767F
Year Group CAP F/O
1 243.47 74.01
2 270.49 167.91
3 271.04 168.14
4 272.14 171.50
5 273.20 174.94
6 274.31 178.42
7 275.41 181.99
8 276.51 185.62
9 277.60 189.34
10 280.81 194.64
11 284.03 200.09
12 287.31 205.68
13 289.46 206.73
14 292.35 207.77
15 295.27 209.33

b. Narrow Body Rates of Pay

B-737, B-757
Year Group CAP F/O
1 206.40 71.39
2 229.35 137.61
3 230.51 143.21
4 231.78 146.34
5 233.08 149.57
6 234.35 152.88
7 235.63 156.23
8 236.93 159.66
9 238.22 163.17
10 240.97 169.03
11 243.74 175.15
12 246.53 181.45
13 249.01 182.36
14 251.50 183.25
15 254.53 184.17

3. Hourly Rates – Effective First Day of November 2017 Bid Period

a. Wide Body Rates of Pay

MD-10/11, DC-10, B-777F, A-300/310, B767F
Year Group CAP F/O
1 250.77 76.23
2 278.61 172.95
3 279.17 173.18
4 280.30 176.65
5 281.40 180.18
6 282.54 183.78
7 283.67 187.45
8 284.80 191.19
9 285.92 195.02
10 289.24 200.48
11 292.55 206.09
12 295.93 211.86
13 298.14 212.93
14 301.12 214.00
15 304.13 215.61

b. Narrow Body Rates of Pay

B-737, B-757
Year Group CAP F/O
1 212.59 73.53
2 236.23 141.74
3 237.42 147.51
4 238.73 150.73
5 240.07 154.05
6 241.38 157.46
7 242.70 160.92
8 244.04 164.45
9 245.37 168.07
10 248.20 174.10
11 251.05 180.40
12 253.93 186.89
13 256.48 187.83
14 259.05 188.75
15 262.16 189.69

4. Hourly Rates – Effective First Day of November 2018 Bid Period

a. Wide Body Rates of Pay

MD-10/11, DC-10, B-777F, A-300/310, B767F
Year Group CAP F/O
1 258.30 78.51
2 286.97 178.14
3 287.54 178.38
4 288.71 181.95
5 289.84 185.59
6 291.02 189.29
7 292.18 193.08
8 293.35 196.92
9 294.50 200.87
10 297.92 206.49
11 301.33 212.27
12 304.80 218.21
13 307.09 219.32
14 310.15 220.42
15 313.25 222.08

b. Narrow Body Rates of Pay

B-737, B-757
Year Group CAP F/O
1 218.97 75.74
2 243.32 145.99
3 244.55 151.93
4 245.89 155.25
5 247.28 158.68
6 248.62 162.19
7 249.98 165.74
8 251.36 169.39
9 252.73 173.11
10 255.64 179.33
11 258.59 185.82
12 261.54 192.50
13 264.18 193.46
14 266.82 194.41
15 270.03 195.39

5. Hourly Rates – Effective First Day of November 2019 Bid Period

a. Wide Body Rates of Pay

MD-10/11, DC-10, B-777F, A-300/310, B767F
Year Group CAP F/O
1 268.63 81.66
2 298.44 185.26
3 299.04 185.51
4 300.26 189.22
5 301.43 193.01
6 302.66 196.86
7 303.87 200.80
8 305.08 204.80
9 306.28 208.90
10 309.83 214.75
11 313.38 220.76
12 317.00 226.94
13 319.37 228.09
14 322.56 229.24
15 325.78 230.96

b. Narrow Body Rates of Pay

B-737, B-757
Year Group CAP F/O
1 227.73 78.77
2 253.05 151.83
3 254.33 158.01
4 255.73 161.46
5 257.17 165.02
6 258.57 168.67
7 259.98 172.37
8 261.42 176.16
9 262.84 180.04
10 265.87 186.50
11 268.93 193.25
12 272.00 200.20
13 274.74 201.20
14 277.49 202.19
15 280.83 203.20

6. Hourly Rates – Effective First Day of November 2020 Bid Period

a. Wide Body Rates of Pay

MD-10/11, DC-10, B-777F, A-300/310, B767F
Year Group CAP F/O
1 276.69 84.10
2 307.40 190.82
3 308.02 191.08
4 309.26 194.90
5 310.47 198.80
6 311.74 202.77
7 312.99 206.82
8 314.23 210.94
9 315.47 215.17
10 319.13 221.19
11 322.78 227.39
12 326.51 233.75
13 328.95 234.93
14 332.23 236.12
15 335.56 237.89

b. Narrow Body Rates of Pay

B-737, B-757
Year Group CAP F/O
1 234.56 81.13
2 260.65 156.39
3 261.96 162.75
4 263.40 166.30
5 264.88 169.97
6 266.32 173.73
7 267.78 177.54
8 269.26 181.45
9 270.73 185.44
10 273.84 192.09
11 277.00 199.05
12 280.16 206.21
13 282.98 207.24
14 285.82 208.25
15 289.26 209.30

7. In no event, however, shall a pilot activated in an FDA crew position have an hourly rate of pay less than $100.00 per CH.

D. International Override

1. A pilot who blocks out (as a required crewmember, deadheading crewmember, SCA or LCA) on a flight segment that originates from, arrives at a destination of, or makes an intermediate stop at a location outside the contiguous 48 states, shall earn international override for the trip containing that flight segment. A pilot who shows for a standby in a location outside the contiguous 48 states shall also earn international override for that standby, regardless of whether he blocks out on any flights.

2. International override shall be paid in addition to all other compensation for a trip. International override shall be paid for trip guarantee and overage credit hours earned for that trip as follows:

a. Captain $10.00 per hour

b. First Officer/RFO $8.00 per hour

i. one-half of a new hire pilot’s monthly salary; or

ii. one-half of a pilot’s BLG/RLG as awarded, adjusted for phase-in; and

v. per diem earned in the previous bid period; and

(a) the pilot shall be given prior notice of any such adjustments; and

(b) any adjustment shall not exceed 25% of gross amount of the pilot’s check without the pilot’s consent; and

(c) the limits contained in this paragraph shall not apply to deductions the Company is required by law to make; and

(d) any adjustment shall not exceed the maximum adjustment permitted by law.

b. The check issued on the last day of the month shall contain the remaining one-half of his awarded BLG/RLG, adjusted for phase-in (25.F.) and any other required deductions as described in Section 3.E.1.a.

2. A pilot may request automatic bank deposit of his payroll checks.

1. If a pilot blocks out as a required crewmember, SCA, or LCA on a flight segment scheduled to exceed 16 block hours at the time the pilot was awarded/assigned the trip, the pilot shall earn the ultra-long range premium (ULR) for the trip containing that segment.

Example: A pilot operates a ten-day trip including a revenue segment between MEM-HKG, with a scheduled block time of 16:24. All other segments in that trip have block times less than 16 hours. The pilot earns the ultra-long range premium for the entire trip containing that segment.

2. The ultra-long range premium described in Section 3.F. shall be in addition to all other compensation for that trip (e.g., BKO, International Override). This premium shall be paid for trip guarantee and overage credit hours earned for that trip as follows:

a. Captain $24.00 per hour

b. First Officer/RFO $17.00 per hour

Section 4: Minimum Guarantees and Other Pay Provisions

Examples of reduced pay include: trips dropped and trip traded down to a lesser value.

Examples of trips dropped without pay include: pilot requested drops, phase-in conflict, transition to inactive pay status, emergency drop and disciplinary suspension.

When Section 4.A.2.c.x. is in force, for the purposes of establishing a Maximum Line Value (MLV), the following shall apply:

A pilot who is awarded a regular line shall have a BLG equal to the total of the trip guarantees for all trips on the line, excluding that portion of the CH of a carryover trip allocated to the next bid period as provided in Section 4.G. Prior to any adjustments, however, a BLG shall not be less than the minimum bid period guarantee as provided in Section 4.A.1. If the sum of trip guarantees for trips on a pilot’s regular line is less than the minimum bid period guarantee, such pilot’s BLG shall be increased to the minimum bid period guarantee.

A pilot who is awarded a reserve line shall have an RLG equal to the value of an R-day multiplied by the number of R-days scheduled on a reserve line for the bid period package (i.e., up to a maximum of 15, 19, or 23 days). The value of an R-day shall be determined by dividing 96% of the average BLG for regular lines published in the bid period package by the number of R-days scheduled on a reserve line for the bid period package and then rounding that amount to the nearest minute. Prior to any adjustments, however, an RLG shall not be less than the minimum bid period guarantee as provided in Section 4.A.1.

If a pilot’s schedule has both trips and R-days in the same bid period (i.e., secondary, or custom line, or carryover R-days), the following shall apply:

Once constructed, a secondary line shall have a BLG or RLG as follows:

Trip rig is 1 CH for each 3.75 hours of time away from base (TAFB), rounded to the nearest minute.

A pilot may earn a maximum of 1 MPDP per duty period as follows:

Duty periods during a trip, when such trip contains at least one layover, shall have an MPDP-1 of 3 CH.

A duty period comprised exclusively of a trip which departs and returns to base in the same duty period shall have an MPDP-2 of 6 CH.

A duty period which operates into and out of a designated MPDP-E sort facility shall have an MPDP-E of 6 CH when the duty period neither originated nor terminated at base.

The final duty period of a trip, which is comprised of revenue flying then deadhead to base, shall have an MPDP-F of 9 CH when:

For MPDP-E and MPDP-F, the designated sort facilities are MEM, IND, EWR, OAK, ORD, AFW, GSO, LAX, ANC, CAN, CDG and any additional sort facilities so designated by agreement between the SIG and the Vice President, Flight Operations. The primary sort facility for an FDA shall be the designated sort facility for purposes of MPDP-E and MPDP-F on such trips.

Block hours are computed as 1 CH for each 1 hour from block-out to block-in computed on a minute by minute basis.

Duty rig is computed as 1 CH for each 2.0 hours on duty within a single duty period, rounded to the nearest minute, when that duty period has a showtime between the hours of 0500 and 1559 LBT.

Duty rig is computed as 1 CH for each 1.92 hours on duty within a single duty period, rounded to the nearest minute, when that duty period has a showtime between the hours of 1600 and 0059 LBT.

Duty rig is computed as 1 CH for each 1.5 hours on duty within a single duty period, rounded to the nearest minute, when that duty period has a showtime between the hours of 0100 and 0459 LBT.

Duty rig is computed as 1 CH for each 1.92 hours on duty within a single international duty period, rounded to the nearest minute.

The following shall apply to carryover R-days on which no trip is assigned, for regular and reserve line holders:

A secondary line holder with carryover R-days may designate the amount of his carryover R-day CH to be applied toward the new bid period’s BLG or RLG, as applicable. The default setting shall be 0 (zero) CH applied toward the new bid period’s BLG/RLG. Such designation shall be made during the monthly View/Add window, as described in Section 25.E.4.b.iii.

If the carryover trip was not a reserve trip, then the following shall apply:

If the carryover trip was not a reserve trip, then a secondary line holder may designate the amount of his carryover CH to be applied toward the new bid period’s BLG or RLG, as applicable. If the secondary or custom line holder has a mini-RLG, his designated carryover CH shall not be credited toward mini-RLG or leveling. The default setting shall be 0 (zero) CH applied toward the new bid period’s BLG/RLG. Such designation shall be made during the monthly View/Add window, as described in Section 25.E.4.b.iii.

If the carryover trip was a reserve trip, the following shall apply:

If the carryover trip was a reserve trip, a secondary line holder shall be afforded the same designation opportunity and default as provided in Section 4.G.3.b.iii. above. If the secondary line holder has a BLG with mini-RLG in the second bid period, his carryover R-days shall be added to the mini-RLG for the second bid period. His designated carryover CH, if any, shall be credited toward mini-RLG and leveling.

1. Phase-In Conflicts

If a pilot is removed from any activity, as provided in Section 25.Y. (Jury Service), he shall be compensated as follows:

A pilot removed from a trip(s) or R-day(s), as provided in Section 25.Z. (Bereavement Absence), shall be compensated for the portion of such activities in actual conflict with the bereavement absence as follows:

A pilot’s BLG/RLG shall be reduced by the value of any trip(s) and/or R-day(s) dropped due to military obligations. Such pilot shall be eligible for make-up. A pilot is eligible to use available vacation CH to cover trip days in actual conflict with his military obligations. A pilot’s use of vacation CH for military obligations shall not create a deficit in his vacation bank.

If the Company revises a regular line following publication of a bid period package but prior to the close of the bidding for that bid period, the following shall apply:

Example:

A 12 CH trip and an 18 CH trip become eligible for substitution. The pilot holding those trips elects OTP and therefore has an OTP eligibility of 30 CH. The pilot flies a 24 CH trip in OTP status. These CH are paid at 125%. With 6 hours of OTP eligibility remaining (and before that eligibility expires), the pilot flies a 9 CH trip in OTP status. Six of these CH are paid at 125% and the other 3 CH are paid at 100%.

A pilot who is assigned a make-up trip shall be compensated as follows:

A pilot who is notified of a VLT trip or has accepted a DRF trip shall be compensated as follows:

A pilot assigned to special projects shall receive $100 per hour worked on a scheduled day off, not to exceed 8 hours per day.

A pilot who is assigned a PNP trip shall earn trip guarantee, in the same manner as provided for a general make-up trip in Section 4.P.1.

0:30 CH for the first extra landing in a trip and 1:30 CH per extra landing thereafter as provided in Section 25.S.2.a.

1:30 CH for each duty period in which one or more of the disruptions described in Section 25.S.2.b. occurs.

1:30 CH per trip for disruptions described in Section 25.S.2.c.

1:30 CH for each flight in which a pilot who was awarded/assigned a crew designation as a Standard Crew member, and is assigned and operates as a Relief Pilot, or vice versa, as described in Section 25.S.2.d.

1:30 CH per trip for disruptions described in Section 25.S.2.e.

3:00 CH per trip for disruptions described in Section 25.S.2.f.

If a pilot’s duty period is extended beyond the operational limits as provided in Section 25.T., he shall earn an additional 3 CH at his normal pay rate.

If a pilot is recalled from a legal rest period, he shall be compensated 3 CH, at his normal pay rate, in addition to all other compensation.

A Captain, while away from base on a trip, who is removed from his scheduled activity to replace a weather restricted Captain earns weather replacement pay of 2:30 CH.

This paragraph applies to all international trips except for international trips constructed under Section 12.D.1.b. or c.

If a pilot’s trip did not conform to 30-in-120 (as set forth in Section 12.D.2.g., except using 30 instead of 32 hours), he shall be paid 3 CH in addition to all other compensation regardless of the 48-hour period as stated in Section 4.EE.3., and the event shall be additive to the total count of GPEs for the trip.

If a pilot’s trip did not conform to 34-in-168 (as set forth in Section 12.D.2.g., except using 34 instead of 36 hours), he shall be paid 3 CH in addition to all other compensation regardless of the 48-hour period as stated in Section 4.EE.3., and the event shall be additive to the total count of GPEs for the trip.

If a trip’s OSC exceeds SCH, a pilot shall earn block override CH equal to OSC minus SCH. BKO shall be paid in the same form (e.g., credited toward RLG for reserve trips, credited toward MUS for MUS trips, cash for TRP), at the same pay rate, as trip guarantee.

Following flight deck duty that operates anytime in the critical period, if a pilot has an intermediate stop at a facility other than AFW, CDG, EWR, IND, MEM, or OAK (or other like facilities as agreed upon by the SIG), that is greater than 2 but less than 4 hours (from block-in to block-out), the pilot shall be paid 1.5 CH. This event shall not apply to trips that depart base in the critical period and return to base in the same duty period (out and backs).

Section 5: Traveling Expenses

1. Domestic per diem is $2.25 per hour of actual TAFB, prorated on a minute by minute basis. On the first day of the November 2017 bid period, the domestic per diem shall increase to $2.30 per hour of actual TAFB, prorated on a minute by minute basis.

2. International per diem is $3.05 per hour of actual TAFB, prorated on a minute by minute basis. On the first day of the November 2017 bid period, the international per diem shall increase to $3.15 per hour of actual TAFB, prorated on a minute by minute basis. On the first day of the November 2019 bid period, the international per diem shall increase to $3.25 per hour of actual TAFB, prorated on a minute by minute basis.

4. A pilot assigned base hotel standby shall receive the applicable per diem for the duration of such standby.

5. A pilot who is away from his base on Company assigned non-flying duty, including training, shall be paid per diem for all hours during which he is away from his base for such duty including travel to and from his duty. When this duty is performed within the contiguous 48 states, the per diem shall be paid at the domestic rate; when this duty is performed outside the contiguous 48 states, the per diem shall be paid at the international rate. This per diem shall be paid by submission of a pay log.

6. Except as provided in Section 8.C.3.e., per diem shall be paid to a pilot who deviates as if he had flown the trip as scheduled.

8. Per diem based on flying activities shall be paid to pilots in the first paycheck in the bid period immediately following the bid period in which the per diem was earned; provided however, that all per diem for a carryover trip shall be paid:

a. on the 15th of the month in which the carryover trip terminated if the trip terminated before the edit cycle began for that month; or

b. on the 15th of the following month if the trip terminated after the edit cycle began.

1. The Company shall provide a pilot a single occupancy hotel room in the following circumstances:

c. while on hotel standby.

d. while away from his base for training or other Company assigned non-flying duty requiring an overnight stay.

e. during any legal rest period away from his domicile.

i. The room shall be located in the city in which the revenue portion of the trip terminates and the deadhead is scheduled to originate.

ii. The pilot is responsible for maintaining his eligibility and legality for a subsequent assignment.

iii. Unless operational circumstances preclude it, CRS shall assist the pilot in making his reservation at the contract hotel, or, if unavailable, at another comparable hotel in the same city.

iv. Deviation from scheduled deadhead procedures as referenced in Section 8.C.1.h. (End of Trip Deviation) shall be followed.

g. at the conclusion of a trip at domicile when the trip was scheduled with a layover(s) and is rescheduled as follows:

i. the trip has no layover; and

ii. the duty time for the trip as rescheduled exceeds 9 hours.

h. For hotel rooms required under Section 5.B.1.a. and 5.B.1.b. only, if an intermediate stop, measured from block-in to block-out, is less than 5 hours and the stop occurs during the night or critical duty period (or during a domestic duty period at the Memphis hub sort facility), the Company may substitute a sleep room in the hub sort facility for a hotel room; provided, however, that the Company has sleep rooms available in the hub sort facility for all pilots transiting the hub sort facility with an intermediate stop of 2:30 hours or more (from block-in to block-out).

2. If a routinely scheduled intermediate stop is scheduled to exceed 2 hours, a suitable rest/break facility shall be provided, except where it is not operationally feasible and it shall meet the following parameters:

a. clean and sanitary;

b. appropriately climate and light controlled;

c. adequate comfortable seating with at least 3 recliners;

d. access to refreshments and snacks; and

e. clean, sanitary washrooms with hot and cold running water and toilet facilities.

f. In selecting locations for pilot rest/break facilities, in order to promote the best practicable rest opportunities, preference shall be given to locations that are segregated from disturbances (e.g., excessive foot traffic, operational activities, etc.)

g. The Company’s Fatigue Risk Management Group, with input from the Data Collection Steering Committee, will provide oversight concerning the Company’s compliance with these parameters.

3. The Company agrees to provide pilots lodging facilities consistent with its historical practices. Such facilities permit pilots to receive adequate rest and offer a range of services while at the same time providing the Company with a good and predictable value. At a minimum, the following guidelines shall be considered when contracting hotel accommodations:

a. Secure and clean non-smoking rooms. Pilots who smoke in designated non-smoking rooms shall be responsible for room cleaning expenses charged by the hotel, if any;

b. 24 hour room service or restaurant availability, or transportation to a dining facility;

c. Transportation to the hotel shall be made available within 30 minutes of block-in;

d. Access to exercise facilities, if possible, whether on-site, or by arrangement with nearby facilities;

e. For a scheduled layover of 12 hours or more, locations more distant from the airport with amenities close to the hotel such as dining, recreation and shopping, will be considered as part of the hotel selection process; and

f. Free in-room high-speed wireless internet access.

4. The Vice President, Flight Operations shall be ultimately responsible for the selection of facilities for which this Section provides.

a. The Company shall meet at least quarterly with the MEC Trip Services Committee to evaluate the adequacy of current facilities.

b. Addressing Concerns/Problems

i. The Company shall promptly investigate complaints from the MEC Trip Services Committee relating to service at any facility. If the investigation reveals a deterioration of service below the acceptable guidelines as stated above, the Company shall take appropriate action to remedy the reported problem or seek alternate facilities. The Company shall advise the MEC Trip Services Committee of its findings and any corrective action taken.

c. If the Company intends to enter into or cancel a contract for lodging facilities for pilots, the Company shall notify the MEC Trip Services Committee. Unless precluded by unforeseen circumstances, notice shall be provided 30 days prior to the execution or cancellation of any contract. The Company and the MEC Trip Services Committee shall discuss at the quarterly meeting, and consult at other times, regarding the suitability of particular lodging facilities/locations or the desired change.

5. The Company shall pay for a pilot’s hotel room, tax, access charges related to phone calls (local and long distance), and business related telephone calls. All other incidental charges shall be paid by the pilot when checking out. The Company shall arrange direct billing for all designated facilities, and, if possible, for unscheduled accommodations. The pilot shall ensure that the direct bill for his stay includes only expenses that qualify for reimbursement (e.g., no long distance personal calls on direct bill).

6. The Company shall maintain and distribute to pilots a list of all approved facilities at stations and alternate locations where pilots are scheduled to receive lodging as provided by this section. This list shall include the facility name, telephone number, scheduled pick up time prior to departure and ground transportation vendor information.

8. If the Company becomes aware of circumstances at a hotel property that could preclude pilots from receiving adequate rest (e.g., public demonstration, labor actions), the Company shall attempt to minimize or eliminate the potential disruption (e.g., by relocating pilots, etc.).

The Company shall arrange safe and secure transportation at no cost to the pilot to and from all accommodations required in this Section.

D. Alternate Accommodations or Transportation

1. If crew accommodations (as described in Section 5.B.), have not previously been made, a pilot shall contact CRS to obtain accommodations. If reservations have not been made, at the pilot’s option, he may obtain comparable accommodations at the lowest rate available at the time the reservation is made. If these accommodations cannot be direct billed, pilots are authorized to charge these expenses as provided in Section 5.A.7.

2. If transportation required under Section 5.C. is not provided within 30 minutes after block-in, the crew is authorized to obtain transportation and to charge these expenses as provided in Section 5.A.7. If the scheduled transportation from the layover location to the departure airport is not available in time to prevent a departure delay, the crew shall use their best efforts to obtain transportation as provided in Section 5.A.7.

E. Catering

1. Catering for duty periods within a trip shall be provided as follows:

ii. Duty periods between 5:30 and 7:29 hours shall receive a snack.

iii. Duty periods between 7:30 and 11:29 hours shall receive 1 meal service.

iv. Duty periods in excess of 11:29 hours shall receive 1 meal and 1 snack.

v. Domestic flights shall be catered at the point of origin.

vi. Hot meal service is not required on domestic flights.

vii. Domestic flights shall not be delayed for catering.

viii. If catering is not delivered by departure time, CRS will attempt to arrange catering down line. If catering required under Section 5.E.1.a.ii., iii., or iv. is not delivered down line, the pilot entitled to such catering shall be eligible to expense a meal for up to $25 upon arrival at the layover city. The pilot shall submit an online Pilot Ops Report (POR), or successor system, regarding the catering failure and attach a copy of such POR to his expense report in order to secure reimbursement.

ix. Jumpseaters will not be catered domestically, except as provided in Section 5.E.1.e.

x. On international trips scheduled to domestic parameters (pursuant to Section 12.D.1.b. and c.), menu selection shall be provided when available.

i. All duty periods shall receive at least a mini-snack. Duty periods between 5:30 and 7:29 hours shall receive a snack.

ii. Duty periods between 7:30 and 9:00 hours shall receive 1 meal service.

iii. Duty periods in excess of 9:00 hours shall receive 2 meals. One meal shall be hot if the scheduled aircraft is equipped with an oven. ULR duty periods shall receive three meals. Menu selection shall be provided when available.

iv. An International flight shall not be delayed for catering if it is scheduled for snack or mini-snack service only, or if it is scheduled to domestic parameters, as provided in Section 12.D.1.b. and 12.D.1.c.

v. Jumpseaters will be provided one meal on flights where the crew is provided meal service. Generally, meal selection is not available for jumpseaters, however, deviating crewmembers are entitled to meal selection, provided they are both confirmed on the jumpseat and request meal selection at least 12 hours before showtime of the flight. International flights shall never be delayed waiting for jumpseater catering.

vi. Menu selection forms will be provided for formalizing crew requests.

vii. All international flights are catered at the point of origin.

viii. For purposes of catering parameters, Canada, Mexico, and Puerto Rico will be considered international locations.

c. If a pilot’s domestic flight sequence otherwise entitled only to a mini-snack (Section 5.E.1.a.i.) blocks out between 0500 and 0830, such flight sequence shall receive a breakfast snack instead of a mini-snack.

d. [Reserved]

f. If a pilot on airport standby is assigned a flight, a snack shall be catered for him, regardless of whether the flight would otherwise be eligible for catering.

g. If a pilot on hotel standby is assigned a flight with a report time less than 1:30 from time of notification, he shall receive a mini-snack at the point of origin.

2. Flights originating from any base, IND, OAK, EWR or AFW shall be catered with hot coffee and at least 1 ice chest containing ice, water and an assortment of juices and sodas. Flights originating from other stations shall be catered with hot coffee, ice and water. All required drinks, including coffee, shall be placed on the aircraft by ground personnel.

3. When operational circumstances warrant (e.g., hub malfunctions, weather or aircraft maintenance delays, etc.), a Captain operating a flight not scheduled for catering may request that catering be provided. These requests shall not be unreasonably denied.

4. When combined in the same duty period with Company assigned flying, deadhead travel time (air or ground) shall be included in applying the catering provisions contained in Section 5.E.1.a. and E.1.b. Travel from airport to hotel is not deadhead by surface transportation deadhead (unless the arrival city and the next departure city are different, in which case it may be deadhead by surface transportation).

5. If the Company is required to provide catering, and the location has no FDA-approved inflight kitchen (i.e., it is a “NOCAT” city), the pilot shall, upon submission of an online expense report identifying the NOCAT city, be entitled to $25 for each occurrence, in lieu of catering. NOCAT cities shall be designated in the bid period package.

The Company shall provide each pilot with a parking space in his domicile (or base in case of an FDA base). If a pilot does not live at his domicile (or base in case of an FDA base), he may request a parking space at the Company airport facility, subject to availability and approval (For information regarding the parking allowance as a deviation expense, see Section 8.C.3.f.).

G. [Reserved]

H. FDA Expenses

The following additional provisions shall apply to a pilot holding an FDA assignment:

1. [Reserved]

2. A pilot may book one round trip business jumpseat during each quarter between the FDA location and any other location designated by the pilot.

I. Lost and Damaged Baggage

In case luggage (including the contents of the luggage) is lost or damaged on a commercial flight, the pilot shall first file a claim with the airline following the airline’s policy for luggage claims. If the airline denies the claim, or portion thereof, because the ticket was not a privately purchased full fare ticket, the pilot should submit airline documentation to his Fleet Captain with a claim for the difference between what the airline would have paid a full fare passenger and what the airline actually paid for the claim. The Company shall pay this difference.

Section 6: Relocation Expenses

Except as otherwise provided in this Section, the Company shall provide relocation benefits in accordance with the schedule below:

A pilot whose permanent domicile is closed shall be eligible for a relocation package #1, as described in Section 6.C.

In the event that the ANC domicile is closed, the residency and time-in-crew position requirements for a return move pursuant to the Special Provisions Related to Anchorage Domicile Moves for Pilots LOA (ANC Moves LOA) shall be waived if the domicile closure was the reason the residency and time-in-crew position requirements were not satisfied by the pilot.

A pilot who is assigned to a new crew position, as that term is defined in Section 24, shall be eligible for a relocation package #1; provided, however, that:

A pilot who is awarded a new crew position pursuant to a “stand in” bid pursuant to Section 24.C.2.b. and 24.C.2.c.i.(b) shall be eligible for a relocation package #1; provided, however, that a pilot currently activated in an FDA crew position who is awarded a crew position in a different FDA pursuant to a stand in bid shall be eligible for a relocation package #2, subject to Section 6.A.7. and E.

A domicile shall remain a new domicile for a period of 12 months commencing with the activation of the first pilot assigned to that domicile, subject to Section 6.A.7. (establishment of an FDA). A pilot who is awarded a crew position at a new domicile shall be eligible for a relocation package #2., except as provided in Section 6.A.2. and A.3.

A pilot recalled from furlough to active service as a pilot to a domicile in a different geographic location than the domicile to which he was last previously awarded/assigned shall be eligible for relocation package #2.

A pilot returning from a leave of absence who would have been eligible for a relocation package, but for his being on leave of absence, shall be afforded an opportunity to relocate and receive the applicable relocation package. In no event shall a pilot be entitled to more than one relocation package upon his return from a leave of absence.

A pilot going to or returning from an FDA location shall be eligible for relocation benefits in accordance with Section 6.E., subject to the provisions in Paragraph C.1. of the Letter of Agreement concerning Foreign Duty Assignments in the EMEA and HKG (FDA LOA) for pilots based in the HKG or EMEA FDAs. The establishment of Memphis (MEM) as the permanent domicile for all pilots on an FDA shall not constitute the establishment of a new domicile for purposes of Section 6 and a pilot shall not become eligible for relocation benefits on the basis of his MEM FDA domicile.

A pilot may receive relocation benefits prior to being activated into his new crew position, but shall reimburse the Company for expenditures related to his relocation if he is not activated into his new crew position for reasons other than death, or if he does not activate within 18 months following the Company’s first expenditure on the pilot’s relocation.

Note: The Company currently requires, and may continue to require, the pilot to sign a confirmation letter concerning his reimbursement obligations.

A pilot shall not be entitled to a move package unless:

The following limitations apply to a pilot eligible for a relocation package, and whose current permanent residence is not located within a radius of 100 nautical miles from his current domicile (or base, in the case of an FDA) and who previously has received a Company relocation package as a pilot, which included a relocation allowance:

A pilot shall reimburse the Company for 100% of the allowance specified in Section 6.C.2., that was paid under the relocation package #1 if the pilot:

A pilot shall not be eligible for a relocation package in conjunction with a subsequent award to a new crew position pursuant to a Stand In Bid Award if the pilot:

If a pilot fails to complete his relocation within 18 months following his activation or the Company’s first expenditure on the pilot’s relocation (at which time the pilot shall be notified of such expenditure by appropriate Company officials), whichever is earlier, he shall reimburse the Company 100% of relocation expenditures paid by the Company, other than expenditures for benefits received pursuant to Section 6.C.8. (Marketing Assistance). Reimbursement of expenses incurred pursuant to Section 6.C.12. shall be limited to the cost of airline tickets in excess of 2 round trips for the pilot and 2 round trips for the pilot’s spouse.

A pilot who is required to reimburse the Company for relocation expenses as provided in Section 6.B.6. and B.7. shall reimburse the Company on a prorated basis in accordance with the following schedule:

Time When Obligation to Reimburse Arises

Percentage of Relocation Benefits Reimbursable

before completion of the 12th month of the applicable time frame

100%

during the 13th month of the applicable time frame

33%

during the 14th month of the applicable time frame

28%

during the 15th month of the applicable time frame

22%

during the 16th month of the applicable time frame

17%

during the 17th month of the applicable time frame

11%

during the 18th month of the applicable time frame

6%

Relocation benefits to which a pilot is entitled may be withheld pending the pilot’s full reimbursement of amounts that he is obligated to reimburse in accordance with Section 6.B.4., B.6., B.7., or B.8., with respect to a prior relocation. Application of this paragraph shall not extend the period during which a pilot must complete his relocation, as provided in Section 6.B.8.

If the residence to which the pilot is moving is already the property of the pilot, he shall not be entitled to a relocation allowance or the benefits provided in Section 6.C.12. (air transportation for housing searches). This paragraph shall not prevent a pilot, who is otherwise eligible for a relocation allowance as part of a return move from an FDA, from receiving such allowance.

A pilot shall reimburse the Company for 100% of the relocation costs paid by the Company pursuant to Section 6.D.4. if the pilot subsequently is awarded a new crew position (in a different geographic location) for which he is awarded a training slot or base transfer date that is within the period of 36 months following the completion of his relocation to his first base.

Relocation package #1 shall include the following:

If the household goods have not been delivered within 45 days following the receipt of the household goods for shipment, the pilot shall be entitled to reimbursement for reasonable expenses occasioned by the delayed shipment (e.g., rental charges for basic household goods). The pilot shall not be entitled to reimbursement for reasonable expenses occasioned by the delayed shipment to the extent that the pilot’s actions caused the delay of the shipment. A pilot shall coordinate with Human Resources, AOD, to arrange for reimbursement under this paragraph.

The Company shall pay for the shipment of household goods (inclusive of packaging materials, but not including any automobiles) up to 16,500 lbs.

In order to help defray the cost of relocation, an eligible relocating pilot shall be paid a relocation allowance of $10,000, or 79 credit hours (CH) multiplied by the pilot’s new hourly rate of pay, whichever is greater, subject to the following:

The purpose of marketing assistance is to provide an estimate of the property value and to facilitate sale of the pilot’s primary residence. The pilot must own the home from which he is moving and for which this assistance is provided. This benefit must be used before initiation of the third party home purchase plan. Marketing assistance includes the following:

Sale of residence must occur within 18 months of the pilot’s activation. The residence sold must be the permanent residence of the pilot and his immediate family. A pilot must provide to the Relocation Department a signed copy of the settlement statement within 18 months of his activation date. The property must be a single family dwelling or individually owned condominium or cooperative. The sale of residence benefits are limited to the following:

The purchase must be made within 18 months of the pilot’s activation date. The residence purchased must be the permanent residence of the pilot and his immediate family and must be a single family dwelling or individually owned condominium or cooperative. The pilot shall furnish the Relocation Department with a signed copy of the settlement statement within 18 months following his activation date. Reimbursable costs do not include property taxes, interest, hazard insurance or mortgage insurance. This provision does not apply to mobile homes or boats. The purchase of residence benefit is limited to the following:

Note: The pilot may be required to provide adequate proof of the purchase date of his home (e.g., HUD-1 or mortgage agreement).

Note: The Company currently requires, and may continue to require, the pilot to submit a relocation air travel request form to the Relocation Department in order to access this benefit.

A pilot who incurs a lease cancellation penalty on his residence shall be reimbursed for such penalty, up to a maximum of 6 months’ rent. The pilot shall provide the Relocation Department with a copy of the lease at the time he submits a request for reimbursement. The leased or rented residence must be the pilot’s permanent residence. Cleaning fees and loss of deposit due to damage are not reimbursable.

A pilot going to or returning from an FDA shall be eligible for relocation benefits as follows, subject to the provisions in Paragraph C.1. in the Letter of Agreement concerning Foreign Duty Assignments in the EMEA and HKG (FDA LOA) for pilots based in the HKG or EMEA FDAs.

Example:

• 20 pilots in a crew position who are imminently subject to assignment pursuant to Section 24.C.2.c.i.(b)(2).

• 15 pilots in that crew position have been activated at FDA for 18 months or more.

• 8 pilots are awarded a new crew position pursuant to a stand in bid award, 2 of whom have been activated at the FDA for 18 months or more.

The 2 pilots who had been activated for 18 months or more have no obligation. Of the remaining 6 pilots, the reimbursement obligation is waived for the 5 most senior pilots. The least senior of those 6 pilots has an obligation under this paragraph.

However, if he upgrades to a new crew status at the same FDA location, his 3 year commitment shall be increased by the period of time the pilot is unavailable for line flying due to his training for the new crew status. If a pilot chooses a location which exceeds the cost to the Company described above, his relocation benefit shall apply, provided he pays the difference in cost.

Notwithstanding the weight limits established in Section 6.C.1.a., transportation of household goods shall be limited as follows, with any excess weight determined in accordance with the provisions in Section 6.C.1.a.:

Section 7: Vacation

A. General

2. If a pilot does not complete 10 months in an active pay status during a calendar year due to retirement, furlough, disability, or unpaid leave(s) of absence (Section 13), other than leave due to on-the-job injury, he shall not be entitled to the full accrual as per Section 7.B.1. That pilot’s vacation accrual shall be 1/10th of the full accrual for each calendar month the pilot is in an active pay status. For purposes of this paragraph, a month shall be counted if the pilot is not retired, or on furlough, disability or unpaid leave of absence for more than 15 days during that month.

Example-1: A pilot incurs a disabling event on December 31, 1998. He is on sick leave from January 1, 1999 until March 1, at which time his sick bank is exhausted. He is then on disability and returns to active service on June 15. The pilot is in active pay status for 9 months (Jan., Feb., and June through December). His vacation accrual (i.e., to be used in the year 2000), is reduced by 1/10th.

Example-2: A pilot actively flew the line until his retirement on July 29, 1999. Since the pilot completed 7 months in an active pay status in 1999, his vacation accrual for the year 2000 is 70% of his normal full accrual. The pilot will be paid for this vacation after retirement, as part of his 1999 wages.

Example:

Hire Date: June 18, 1994

Vacation calendar year 1999 = 15 regular days plus 4 extra days

(6 mos. X 0.7 = 4.2 days rounded to 4 days)

1. Vacation shall not be cumulative and must be taken within the calendar year following the year in which it is earned except for an awarded vacation period which carries from one calendar year into the next, and except as otherwise provided in this Section. Vacation bids shall be awarded on the basis of seniority within each crew position.

2. A pilot’s crew position for a vacation bid shall be the crew position he holds at the close of such bid. However, a pilot who has been awarded, but has not yet been activated in, a new crew position as a result of a base closure shall bid vacation in his new crew position.

3. Vacation shall be bid and awarded as follows:

a. Available 7 day vacation slots for the next year shall be distributed concurrent with the bid period package published closest to August 1. The first vacation bid shall open on the date indicated on each vacation bid pack and close at noon, 14 days later. The first vacation bid awards shall be published 7 days after the first vacation bids have closed.

b. The second vacation bid shall be distributed concurrent with the first bid period package published after the first vacation bid closes. The second vacation bid shall open on the date indicated on each vacation bid pack and close at noon, 14 days later. The second vacation bid awards shall be published 7 days after the second vacation bids have closed.

c. The third vacation bid shall be distributed in the first bid period package published after the second vacation bid closes. The third vacation bid shall open on the date indicated on each vacation bid pack and close at noon, 14 days later. The third vacation bid awards shall be published 7 days after the third vacation bids have closed.

d. The fourth vacation bid shall be distributed in the first bid period package published after the third vacation bid closes. The fourth vacation bid shall open on the date indicated on each vacation bid pack and close at noon, 14 days later. Fourth vacation bid awards shall be published 7 days after the fourth vacation bids have closed.

4. If a pilot fails to submit a bid, or submits an insufficient number of bids, he shall be assigned a vacation period(s) when the fourth vacation bid awards are published.

5. For vacation award purposes, a vacation period that extends into a subsequent vacation slot by 4 or more days shall occupy both slots.

6. A sufficient number of vacation slots shall be available for bid to cover all anticipated vacations in each crew position. Available vacation slots for a month for a crew position shall not be less than 3% of the total annual vacation time to be awarded for that crew position; provided, however, that there must be at least 1 slot available for bid in each crew position each month.

D. Splitting Vacations

A pilot may split his vacation into as many as 4 separate periods provided each period contains a minimum of 7 days vacation; provided further, however, that a pilot who has accrued fewer than 7 vacation days in the previous calendar year shall take all accrued vacation days as a single period. Once awarded, a period of vacation may not be split.

Example: A vacation in the first week of January may not be slid back into December, but a vacation in the first week of February may be slid back into January. The slide must be accomplished during the Conflict Input Window for the January bid period (which is in late December).

b. A pilot may slide a vacation to conflict with a carryover trip as provided in Section 7.E.2.a., only if he submits for the slide during the Conflict Input Window associated with the award of bid period in which the carryover trip began (e.g., the Conflict Input Window in the end of November (i.e., the Conflict Input Window for the December bid period award) is used to slide a January vacation to conflict with a December into January carryover trip).

c. If a pilot slides his vacation period to within 48 hours of the scheduled end of a trip in which the last activity is an international duty period, that trip shall be deemed in conflict with the vacation period, except for a trip described in Section 12.D.1.c.i.

d. There is no maximum limit on the number of credit hours that may be touched by a vacation slide.

a. In addition to or in lieu of a vacation slide, a pilot awarded a regular line may expand his vacation period in either or both directions to conflict with a greater number of credit hours. However, a pilot may not expand his vacation from December into November, or from January into December. A pilot may submit for a vacation expansion during the Conflict Input Window immediately before the bid period in which a trip(s) affected by the expansion is scheduled to begin, as provided in Section 25.E.2.

b. A vacation expansion shall not cause a vacation conflict that exceeds the credit hour value of the original vacation period by more than 6 CH. All days in the expanded vacation period shall be consecutive.

c. A pilot may not expand his vacation period to conflict with a trip(s) that begins outside the bid period of his vacation as awarded or slid. However, a pilot awarded vacation that extends into the next bid period may expand within either bid period.

Example: A pilot awarded a 7 day vacation period in week 1 of August may slide his vacation back so that it overlaps both the August and July bid periods. He may then expand his vacation period to hit trips in either July or August in accordance with normal expansion rules.

d. A vacation period may not be expanded to cause a vacation conflict with a trip(s) that is scheduled to operate in whole or in part on the following days (i.e., base days): Thanksgiving Day, Christmas Eve, Christmas Day, New Years Eve or New Year’s Day.

F. Vacation Bank

Each pilot shall have a vacation credit hour bank established at the beginning of the bid period commencing closest to January 1, each year, based upon the vacation hours he has accrued (as provided in Section 7.B.). A pilot’s vacation credit hour bank shall be calculated by multiplying the number of vacation days by 6 CH. A pilot’s bank shall be adjusted for positive balances (as provided in Section 7.I.3.d., 7.E.1.b.v., or 7.G.5.c.), or negative credit hour balances from the previous year’s vacation bank.

G. Vacation Bank Administration

1. Regular Line Holder

A regular line holder shall be removed from a trip(s) in conflict with his vacation period (as awarded or slid) or vacation expansion. Conflict with an international duty free buffer, as described in Section 12.D.1.d., shall constitute a conflict with the trip protected by that buffer and may not be waived. The SCH value of the removed trip(s) shall be deducted from the pilot’s vacation credit hour bank.

Intent: A vacation period slides as a whole.

Except as otherwise specifically provided in Section 25.E.4.b. and E.5., for secondary line holders, the following shall apply to secondary and custom line holders:

i. A conflict with an international duty free buffer (as provided in Section 12.D.1.d.) shall constitute a conflict with the trip protected by that buffer.

ii. A pilot’s vacation credit hour bank shall be reduced by the SCH of any trip(s) removed and/or the R-day credit hour value for any R-day(s) removed.

iii. A pilot may waive the vacation buffer within the Conflict Input Window to avoid a conflict.

iv. A vacation buffer that touches a trip(s) or R-day is a conflict. A vacation buffer that touches an international buffer is not a conflict.

d. The following apply when a secondary line is awarded to a pilot with a scheduled vacation in the bid period.

i. A secondary line shall not be constructed with a trip(s) or R-day(s) in conflict with the vacation period or a vacation buffer.

ii. Days constituting a vacation buffer shall be constructed as scheduled days off on that secondary line.

iii. For purposes of Section 25.D.2. (secondary line construction), hours deducted from the pilot’s vacation credit hour bank for the bid period, other than carryover credit hours from the previous bid period, shall be considered as trip credit hours.

iv. For purposes of Section 7.E.1. (Vacation Change), hours deducted from the pilot’s vacation credit hour bank for the bid period, other than carryover credit hours from the previous bid period, shall be considered as trip credit hours constituting a trip guarantee.

v. For purposes of minimum days off protection, vacation days shall not be considered days scheduled free from duty; vacation buffer days shall be considered days scheduled free from duty. Section 12.D.1.d. (international trip buffer) shall not apply when constructing a secondary line for a pilot with vacation in the bid period.

e. A secondary line holder may adjust his vacation period by sliding it up to a maximum of 5 days in either direction, except that the slide shall not reschedule any portion of that vacation into the preceding bid period. However, a vacation period that is scheduled for more than 7 days, that begins in one bid period and ends in the following bid period, may also be slid up to a maximum of 5 days in either direction. A vacation slide submission shall be entered during the Conflict Input Window for that vacation period.

f. The provisions of Section 7.G.2. shall apply to a pilot assigned a custom line (as provided in Section 25.I.1.a. and 25.I.1.e.).

c. If a reserve line holder’s vacation period conflicts with a scheduled trip(s) or R-day(s) (e.g., carryover trip from the prior bid period, vacations spanning two bid periods), the pilot shall be removed from that trip(s) or R-day(s) and the following shall apply:

i. A conflict with an international duty free buffer (as provided in Section 12.D.1.d.) shall constitute a conflict with the trip protected by that buffer, and may not be waived.

ii. A pilot’s vacation credit hour bank shall be reduced by the SCH of any trip(s) removed and/or the R-day credit hour value for any R-day(s) removed.

iii. A pilot may waive the vacation buffer during the Conflict Input Window to avoid a conflict with that buffer.

iv. A vacation buffer that touches a trip(s) or R-day is a conflict. A vacation buffer that touches an international buffer is not a conflict.

d. A reserve line awarded to a pilot with a scheduled vacation in the bid period shall be reconstructed as follows:

i. A pilot’s reconstructed line shall contain the originally scheduled blocks of R-days that did not conflict with vacation (or the vacation buffer), unless the number of R-days in those block(s) plus the number of vacation days exceeds the number of R-days in the bid period (i.e., the pilot’s vacation conflicts with fewer R-days than the number of vacation days). In that case, the line shall be reconstructed preserving the greatest number of originally scheduled R-day blocks as possible.

ii. A pilot may enter preferences for reconstruction of his reserve line during the Conflict Input Window (as provided in Section 25.E.2.g.).

iii. A reserve line shall not be constructed with R-days in conflict with the vacation period or a vacation buffer.

iv. Days constituting a vacation buffer shall be scheduled days off on the reconstructed reserve line.

v. For purposes of Section 25.D.3. (Reserve Line construction), vacation days are considered R-days. Section 25.D.3.c. (mini-block R-days), shall not apply when reconstructing a reserve line for a pilot with vacation in the bid period.

vi. For purposes of determining RLG (as described in Section 4.C.), vacation days are considered R-days. Credit hours deducted from the pilot’s vacation credit hour bank (as described in Section 7.G.3.b.) shall be credited toward the pilot’s RLG.

vii. A reserve pilot’s leveling position shall include an R-day value for each day of vacation in the bid period, as provided in Section 4.H.2.

viii. For purposes of minimum days off protection, vacation buffer days shall be considered days scheduled free from duty.

e. Reserve Vacation Extension

A pilot with vacation during a month in which he holds a reserve line may extend the vacation that occurs in that month. Vacation buffers shall then be added to the extended vacation as provided in Section 7.G.3.a., unless waived by the pilot.

i. The maximum extension shall be determined by the following formula:

Maximum Extension = ({[(Number of vacation days (as awarded or slid) in the bid period multiplied by 6) + 6] ÷ R-day value} rounded down) minus the number of originally scheduled vacation days in the bid period.

Example: A pilot has a 7 day vacation period in a bid period in which the R-day value is 4:36. The maximum extension is

{[(7 x 6) +6] ÷ 4.600} - 7

= [(42 + 6) ÷ 4.600] - 7

= (10.434 rounded down) - 7

= 10 - 7 = 3.

Consequently, the pilot could add up to three days to his vacation period. This would give him a total of 14 days (presuming buffers could fit on both ends of his vacation period as extended). The pilot’s vacation bank would be charged 46 CH (10 x 4.600), but only 7 vacation days would be removed from his vacation accrual.

ii. A pilot may enter a vacation extension submission during the Conflict Input Window immediately before the bid period in which the vacation is scheduled to occur.

iii. A pilot may not extend his vacation (as awarded or slid) outside of the bid period.

iv. In case of a vacation period scheduled to span 2 bid periods, if the pilot holds a reserve line in both bid periods, then for purposes of vacation extension, the vacation in each month shall be treated as if it were a separate vacation period.

Example: A pilot’s 10 day vacation period has 7 days in one bid period and 3 days in the next. The pilot holds a reserve line in both bid periods. R-day value in the first bid period is 4:36; in the second it is 4:47. The pilot may extend his vacation a maximum of 3 days in the first bid period (which must expand backward, since he can’t expand outside of the bid period). The vacation in the second month is treated as if it were a stand alone 3 day vacation period, for purposes of expansion. His maximum expansion would be 3 x 6 = 18 + 6 = 24 ÷ 4.783 = 5.017 rounded down = 5 minus 3 = 2 days of available extension.

v. A pilot may not extend his vacation period to conflict with a trip(s) that begins outside the bid period of his vacation as awarded or slid.

vi. A vacation period shall not be extended to cause conflict with R-days scheduled on Thanksgiving Day, Christmas Eve, Christmas Day, New Years Eve or New Year’s Day.

If a pilot’s vacation credit hour bank balance falls below the credit hour value of his remaining vacation in a calendar year, the following shall apply:

b. Flight management may approve vacation buy back in excess of the 40% limit contained in Section 7.G.6.a. above, due to a pilot’s extenuating circumstances.

H. Disruption of Vacations

1. If a pilot’s trip operationally extends more than 2 hours but less than 26 hours into his vacation period, 6 CH shall be added to his vacation bank and 1 day shall be added to his next vacation period.

2. If a pilot’s trip operationally extends at least 26 hours but less than 48 hours into his vacation period, 18 CH shall be added to his vacation bank and 3 days shall be added to his next vacation period.

3. If a pilot’s trip operationally extends 48 hours or more into his vacation period, the following shall apply:

a. The pilot may elect to cancel his vacation period and have an additional 24 hours credited to his vacation bank. The credit hours for the canceled vacation shall be restored to the pilot’s vacation bank, and he shall be eligible for substitution for the trip(s) from which he was removed for the vacation that was canceled; or,

b. The pilot may elect to take the remainder of his vacation period, as scheduled, and have an additional 24 CH credited to his vacation bank.

I. Cancellation of Vacation

Section 8: Deadheading

A. Deadheading By Air

The provisions of this paragraph apply to pilots scheduled to deadhead by air transportation.

1. Deadheading To Revenue Operations

A pilot scheduled to deadhead to or from revenue operations shall receive pay and credit as provided in Section 4.F. (Trip Guarantee).

2. Deadheading To Training

A pilot scheduled to deadhead to or from training shall receive deviation bank credit for that deadhead.

Requirements regarding carrier selection shall apply when the trip is constructed or revised.

The Company shall not schedule front-end domestic deadheads, other than non-stop, that operate during the hours of 0200-0459 LBT. Deadheads scheduled in accordance with Section 8.A.3.c. do not violate this paragraph.

i. Commercial deadhead tickets shall be purchased exclusively on air carriers on the Company’s approved commercial carriers list on April 29, 2014 (Approved Air Carriers List (AACL)), or as modified by Section 8.A.3.b.ii.

(a) After SIG discussion, the Company or ALPA may add air carriers rated “Good” (Class 1) by Airline Insider/Frontier MEDEX (or successor vendor providing similar ratings) to the AACL;

(b) Disputes related to the addition of air carriers rated “Adequate” (Class 2) to the AACL shall be resolved using the scheduling dispute final resolution process set forth in Section 25.BB.F. or G.;

(c) The consent of the Association SIG is required for the addition of air carriers rated “Questionable” (Class 3) to the AACL;

(d) The Company’s addition of air carriers to the AACL for Operational Use Only shall require Association SIG consent.

(a) Jet aircraft;

(b) The De Havilland Canada DHC-8-400 Dash 8, for deadhead flight segments entirely within the “European Theater” (as defined in Section 12.D.1.c.ii.); or

(c) Another aircraft/deadhead routing, as agreed upon by the Association SIG. The Association SIG shall not unreasonably deny the use of other aircraft meeting similar (to jets and DHC-8-400) safety, reliability, and comfort standards.

Notwithstanding Section 8.A.3.c., the Company may schedule deadheads on Company aircraft operating to/from Almaty, Kazakhstan (ALA) consistent with the terms of the Grievance 09-16 Settlement Agreement.

e. Deadhead by Company Aircraft to Base

i. Except as provided in Section 8.A.3.e.ii., if the Company constructs a trip outside of the bid period package and/or revises any trip, and the Company determines a necessity exists under Section 8.A.3.c. as to a deadhead(s) located at the end of the trip that does not include any further flight deck or other non-deadhead duty, the use of Company aircraft for deadheads shall be accomplished as provided in the following Fly Window Procedures.

(a) The pilot would be placed at risk of substantial bodily harm, or loss of property or life due to his continued presence in a location during the fly window; or

(b) There is any legal or regulatory reason why the pilot cannot deadhead on a commercial carrier (e.g., does not possess required visa); or

(c) Application of the fly window procedures would result in the pilot being illegal for his next Company scheduled activity (e.g., flight duty, standby, reserve, training). In that case, if specifically authorized by the Duty Officer based on staffing needs (in case the pilot otherwise would miss non-training duty) or disruptions to training schedules (in cases where the pilot would miss training), the Company may schedule the pilot for any legal jumpseat that would protect his legality for further scheduled duty.

iii. A pilot who is positioned by means of this provision (Deadhead by Company Aircraft to Base) shall be entitled to deviation bank credit in the amount of the Baseline Fare for a ticket in the highest class of service for which the pilot is eligible, on the first flight that would have been legal for the return deadhead, but for the unavailability of seats.

4. Administration of Deadhead Fares

i. The Established Fare is a fare quote obtained pursuant to Section 8.A.4.b.

ii. For trip revision(s) involving revision(s) to a deadhead(s), and for trips constructed after the publication of the bid period package, the Established Fare will be determined:

(a) When a pilot is assigned to the trip, if 14 or more days remain prior to the scheduled departure of the deadhead;

(b) 14 days prior to the scheduled departure of the deadhead, if no pilot has been assigned as of that time; or

(c) At the time the Company constructs or revises the trip, if less than 14 days remain prior to the scheduled departure of the deadhead.

iii. An Established Fare is applicable to all crew positions on the trip containing the commercial deadhead.

Requirements regarding class of service shall apply when the trip is constructed with a deadhead. The Company shall not be in violation of this Section due to changes or conditions imposed by passenger carriers after the trip is constructed (e.g., increased or reduced block time, aircraft change, etc.). Regardless of whether such changes occur, a pilot’s deviation allowance is based on the class of service authorized in the original schedule.

a. Deadhead travel shall be booked in economy class unless a higher class of service is authorized.

b. A class of service higher than economy shall be authorized if:

c. Higher Class of Service

(a) First Class (discounted);

(b) Business Class (full fare or discounted);

(c) First Class (full fare).

(1) Discounted first class;

(2) Full fare first class;

(3) Business class.

(c) The Company shall ensure that Corporate Travel (or any subsequent Company designated travel administrator) attempts to secure first class seating at the earliest practical point in the planning process. If Corporate Travel is unable to book first class at the time the initial booking is made, Corporate Travel shall notify the pilot who is awarded that trip, via e-mail, of the unavailability of first class.

v. If neither Business nor First Class is available on the scheduled flight, an economy class ticket (with a reservation to upgrade to the appropriate higher class) may be purchased only in the following two circumstances:

(a) The scheduled deadhead flight is for the purposes of Operational Recovery; or

(b) The scheduled deadhead duty period is 16 hours or less.

d. Company Purchase of Higher Class of Service Tickets in Bid Period Package

When purchasing deadhead tickets prior to the beginning of a bid period, deadhead tickets for flights entitled to a higher class of service shall be purchased prior to tickets requiring a lower class of service.

6. Deadhead Tickets

This paragraph shall apply equally to deviation deadhead tickets and Company scheduled deadhead tickets.

i. the Company cannot purchase a ticket for a lower fare than the pilot can purchase himself; or

ii. the pilot must purchase the ticket himself to prevent delay to FedEx flight operations.

B. Deadhead by Surface Transportation

C. Deviation From Scheduled Deadhead

The intent of the deviation policy is to allow a pilot business travel flexibility in accordance with the options and conditions specified herein. Except as provided in Section 8.C.1.f.ii., a pilot who deviates is responsible for his scheduled, revised, rerouted, or canceled trip. A deviating pilot must ensure his compliance with FAR crew rest requirements prior to operating a Company flight. A pilot who deviates from a scheduled deadhead shall earn trip guarantee as if he were deadheading as scheduled.

1. Deviating Operating Procedures

Example: A pilot may book his deviation travel itinerary before canceling his scheduled travel itinerary, except where a passenger carrier’s reservation systems will not allow the pilot to do so.

After a pilot provides notification of his deviation from a scheduled deadhead that originates or terminates in a location outside the contiguous 48 United States, Canada, or Mexico, the pilot may not trade, drop, or authorize a personal bump on the trip containing the deadhead if there are less than 14 days remaining until scheduled showtime of that trip, unless authorized by CRS or the Fleet Captain (or his designee).

A deviating pilot shall check in with VIPS, or CRS if VIPS is not accessible, no earlier than 60 hours and no later than 4 hours prior to showtime of the originally scheduled deadhead at the beginning of a trip. This check-in will satisfy the requirements of the final deviation check in if the pilot is already in position for the first revenue leg when he makes his Initial Deviation Check-In.

i. A deviating pilot shall check in with VIPS, or CRS if VIPS is not accessible, and indicate that he is positioned within 100 nautical miles, or at a distance as approved by his Fleet Captain (or his designee), of the airport from which the first revenue flight will depart or at which the pilot’s standby period begins. This check in must occur:

Example: A pilot deviates from his scheduled deadhead to CDG. The scheduled deadhead was scheduled to arrive in CDG 36 hours prior to showtime. The pilot’s final deviation check-in must occur no later than 18 hours prior to showtime.

Example: A pilot deviates from his scheduled deadhead to HKG. The scheduled deadhead was scheduled to arrive in HKG 17 hours prior to showtime. The pilot’s final deviation check-in must occur no later than 17 hours prior to showtime.

Example: The scheduled deadhead travel is MEM-ATL-CDG. The pilot deviates and obtains a ticket to join the scheduled ATL-CDG flight. Final deviation check-in may be accomplished upon arrival at the departure gate for the CDG flight in the ATL airport.

(a) VIPS primary contact number.

(b) Cell phone number.

(c) Alternate contact number #1.

(d) Alternate contact number #2.

e. Deviation Delay/Failure

If a pilot encounters difficulty in his deviation travel to the revenue departure location to such an extent that a live flight is jeopardized, he shall contact CRS at the earliest opportunity. If the notification to CRS is provided in sufficient time to allow the trip to be covered by a reserve, and the flight is not delayed due to the deviation failure, then the pilot will be dropped from the trip without pay, receive no deviation bank credit for the trip, and shall not be disciplined.

g. Mid-Trip Deviations

A pilot may deviate from a scheduled deadhead between any two revenue segments of a trip only with the prior approval of his Fleet Captain (or his designee).

A pilot shall notify the Company through VIPS of his deviation from a deadhead scheduled at the end of a trip:

i. at least 60 hours prior to the showtime for an international deadhead; or

ii. at least 8 hours prior to the showtime for a domestic deadhead, unless the airline requires an earlier notification to avoid cancellation penalties, in which case the deviation notification must occur 12 hours prior to the carrier’s penalty deadline. The Company shall include the carrier’s cancellation policy in the E-Ticket issued to the pilot by the Company’s travel department or vendor.

2. Deadhead Deviation Banks

The Company shall establish a deviation bank for each pilot for each bid period.

i. The value of a given bid period’s deviation bank shall be equal to the value of:

(a) the applicable fare(s) for the scheduled commercial deadhead ticket(s) for all trips flown during that bid period; and

(b) the value of the applicable fare(s) for the scheduled commercial deadhead ticket(s) for recurrent training scheduled during that bid period (if any).

Example: For the April bid period, the pilot incurred allowable deviation expenses which exceeded his April deviation bank by $200. In May, the pilot incurred allowable deviation expenses which were $1,000 less than his deviation bank. The pilot’s DBA for May was $500, of which $200 rolled back to offset the pilot’s April overspend. The remaining $300 of the pilot’s May DBA shall be included in the pilot’s June deviation bank.

b. Deviation Bank Credit

(a) If the pilot notifies the Company of his deviation from a commercial deadhead prior to the first day of the bid period in which the applicable trip begins, the pilot’s deviation bank shall be credited with the higher of the Baseline Fare or the Established Fare.

(b) If the pilot notifies the Company of his deviation from a commercial deadhead on or after the first day of the bid period in which the applicable trip begins, the pilot’s deviation bank shall be credited with the Established Fare.

ii. Non-Bid Period Package Deadhead

For trip revision(s) involving revision(s) to a deadhead(s), and for trips constructed after the publication of the bid period package, the pilot’s deviation bank shall be credited with the higher of the Baseline Fare or the Established Fare.

Example 1: A pilot deviates from his scheduled deadhead travel from MEM to CDG via ATL, and instead plans to travel from JAX to CDG via EWR. The pilot arrives at the JAX airport and calls in sick, after the scheduled showtime of the original trip. The pilot receives partial pay and credit for the trip up to the time of his sick call, with the balance of the trip guarantee charged to his sick bank, in accordance with Section 14.

Example 2: A pilot deviates from his scheduled deadhead travel from MEM to CDG via ATL, and instead plans to travel from DEN to CDG via ORD. The scheduled showtime for the MEM to ATL scheduled deadhead is 1540z on September 3. The pilot’s deviation deadhead from DEN to ORD has a showtime of 1100z on September 4. The pilot calls in sick from his home in DEN at 0900z on September 4. If the pilot holds trip guarantee, the pilot shall be compensated, and his sick leave account shall be reduced by the scheduled credit hours for the entire trip, in accordance with Section 14.

3. Deviation Options and Qualifying Expenses

Subject to the limitations and reporting provisions in Section 8.C.4. and C.5., a pilot’s air travel, train travel, surface transportation, hotel use, parking and non-taxable per diem are allowable/reimbursable expenses as provided in this paragraph.

(a) $40 per flight segment; or

(b) $80 per positioning sequence (i.e., front-end, mid-trip, or back-end).

(a) the pilot’s Deviation Bank shall be credited with 130% of the Established Fare on the scheduled deadhead routing; and

(b) the pilot’s deviation travel is not required to match the scheduled deadhead routing.

b. Surface Transportation

i. Surface (including water borne) transportation expenses between a field airport/FedEx operations area and the layover hotel are allowable/reimbursable.

(a) The vendor for surface transportation shall be selected in the following order:

(b) Surface transportation used at other than the scheduled pickup time shall not be direct billed.

c. Trains

Travel by train or subway is an allowable/reimbursable expense to the same extent air travel or surface transportation expenses would have been allowable/reimbursable.

d. Hotel

A pilot who is scheduled for consecutive non-intercontinental deadheads from and back to the same city, may expense up to 3 nights of hotel use in the contract hotel in lieu of the scheduled deadhead tickets. The hotel use shall be between the scheduled deadheads. Use of a non-contract hotel, and any hotel use for greater than 3 nights, requires prior approval of the pilot’s Fleet Captain, or his designee.

(a) the pilot is responsible for his hotel reservation;

(b) reimbursement shall be limited to the contract hotel rate for the city associated with the revenue portion of the trip; and

(c) authorized expenses shall not be direct billed.

A pilot claiming hotel use as a deviation expense under Section 8.C.3.d.i. or ii. may also claim non-taxable per diem for the period covered by his hotel reimbursement claim (i.e., one night hotel use equals 24 hours per diem) and not otherwise covered by per diem for a scheduled trip. This per diem shall be paid at the rate for the city associated with the revenue portion of the trip.

A pilot may claim up to $375 per quarter for parking passes or fees at an airport outside his base.

The following limitations apply to deviation expenses:

a. All deviation expenses shall be paid for using the Company issued Travel Card, unless:

i. the vendor will not accept the card; or

ii. the vendor has rendered both authorized and unauthorized deviation expenses, and refuses to allow the pilot to pay for authorized expenses with the Company Card and for unauthorized expenses in another manner. In this case, the pilot shall pay the vendor’s bill by personal means, and shall submit an expense report requesting reimbursement for the authorized expenses.

b. Expenses which are otherwise allowable/reimbursable, but which exceed the value of a pilot’s deviation bank are the pilot’s responsibility, and shall be handled in accordance with Section 8.C.5.b.

Note: When a deviating pilot arranges for the booking of his deviation travel, either via an electronic system(s) or by phone contact with the Company’s travel department or vendor, the Company is responsible for any of the above-listed fees that may be incurred due to the cancellation of the scheduled travel, and/or the booking of the pilot’s deviation travel itinerary. However, in the event the pilot makes any subsequent changes to his deviation travel itinerary, and if those changes result in any of the above-listed fees, he shall be responsible for those fees.

d. All deviation travel must be on a commercial carrier, except as specifically authorized otherwise in this Section.

i. the scheduled deadhead ticket(s) establishes a “mini-bank” (i.e., claims based on that ticket(s) are allowable/reimbursable only up to the cost of that scheduled deadhead ticket(s)); and

ii. the value of the deadhead ticket(s) may not be used for any deviation expense other than hotel use (as provided in Section 8.C.3.d.i. or ii.) and non-taxable per diem.

g. Expenses, other than those identified in this section as authorized, are not allowable/reimbursable (e.g., expenses associated with the use of a personal vehicle (other than allowable parking expenses), telephone, food, newspapers, recreation, etc., are not allowable/reimbursable).

Section 9: Miscellaneous Flying

A. General

1. All revenue flying covered by this Agreement shall be performed by pilots on the Master Seniority List. No pilot may fly a revenue flight in a crew position he cannot hold by his seniority.

4. Disputes arising from the application of Section 9.A.2. and 3. shall be resolved as provided in Sections 20 and 21. In no event shall the Company be required to pay a trip guarantee pursuant to Section 9.A.2. and 3. more than once.

5. Section 9.A.2. or 3. shall not apply to the following non-revenue flights, except to the extent that a line pilot previously assigned is bumped from that flight:

a. publicity flights;

b. scenic flights;

c. ferry flights;

d. experimental flights;

e. engine, instrument, radio or acceptance test flights;

f. humanitarian flights;

g. maintenance flights.

6. The provisions of Section 9.A.2. and 3. shall not apply to:

a. a trip(s) assigned to a management pilot pursuant to Section 12.A.10.g.ii.; and

b. a trip(s) assigned to a management pilot pursuant to Section 25.P., provided such assignment is made within 9 hours of showtime for a domestic trip, or within 13 hours of showtime for an international trip. Trips shall not be held out of open time to permit assignment under this paragraph.

7. The Company will provide a means, via VIPS or successor automation, for each pilot to indicate his willingness to operate humanitarian or publicity flights (PDH assignments) for per diem only, and without any other compensation of any kind. To the extent that PDH assignments are made, those assignments will be made subject to the following, and in lieu of the normal assignments orders prescribed by Section 25.G.:

a. PDH submissions shall be handled on the same bases as for VLT submissions as provided in Section 25.N.1.;

b. PDH assignments shall be made on the same bases as for VLT assignments as provided in Section 25.N.2.;

c. The VLT assignment limitations contained in Section 25.N.3.a. through f. shall also apply to PDH assignments.

a. The pairing number, base, equipment and date;

b. Name and employee number of the pilot who flew the trip;

c. Name and employee number of the pilot who received compensation under Section 9.A.2., if applicable; and

d. Amounts paid or credited to the Association pursuant to Section 9.A.3., if applicable, and the rate of pay and credit hours used to calculate such payment.

2. If applicable, the Company shall submit a negative bid period report.

3. The report referred to in Section 9.B.1., shall be submitted no later than 30 days following the close of the bid period to which it pertains.

C. Except for pilots assigned to the flight test group, line pilots shall not be required to conduct engine-out ferry, test or experimental flights.

D. Except for line pilots assigned to the flight test group who may be required to hold and maintain multiple ratings and qualifications, no line pilot covered by this Agreement shall be required by the Company to maintain currency in more than 1 type rating. This paragraph shall not be construed to prohibit the Company from requiring pilots to maintain qualifications in aircraft with a common type rating.

1. The duties and conditions of a FPS/TAA shall be at the discretion of his manager. Such conditions may include but shall not be limited to dual aircraft and/or seat qualifications, and any attendant special training and certification required. However, those duties and conditions may not contradict provisions of this Agreement.

2. FPS/TAA shall bid for and be awarded a bid line for flying purposes or pay only, as determined by his manager, in his primary crew position. For purposes of Section 9.E. an FPS’s “primary crew position” means the crew position in which the pilot is currently performing his line flying activities (i.e., seniority bid position). Unless released to the line for an entire bid period by his manager, a FPS/TAA shall bid pay only, and shall be awarded a BLG/RLG and compensated as follows:

a. In addition to all other compensation to which he is entitled, an FPS/TAA shall receive a bid period override commencing with the first month in the program. An FPS/TAA on extended sick leave, incapable of performing duties as assigned, shall have his FPS/TAA override suspended effective 90 days from the first day of the bid period following his sick election in VIPS. His Bid Period Override will be resumed when the pilot is off sick status.

The bid period override shall be as follows:

Year 1 = $1,500

Year 2 = $1,600

Year 3 = $1,700

Year 4 and above = $1,900

b. An FPS shall receive an additional $300 per bid period if he is required to maintain qualification in more than one aircraft.

i. For work involving flight deck duties, a pairing shall be constructed and the pilot shall earn trip guarantee at 150% of his normal pay rate, when he blocks out on such pairing; and

ii. For each additional work day not involving flight deck duties he shall earn R-day value.

iii. Failure to block out will result in showpay.

3. An FPS/TAA who elects to resign his position must notify his manager at least 3 bid periods in advance.

a. The notification period may be reduced at the discretion of his manager.

b. The FPS/TAA may be retained in the program for up to 3 months beyond his desired resignation date at the discretion of his manager, or 6 months by mutual consent.

c. The FPS/TAA is eligible to participate, without restriction, in any System Bid which closes subsequent to the effective date of his resignation.

d. The crew position of an FPS/TAA who resigns, or is released from his FPS/TAA status absent an open System Bid or FTPA crew position, shall be determined by comparing his system-wide seniority against the results of the most recent System Bid. If the pilot is awarded or assigned a different crew position than his current crew position, his training, or base transfer activation, shall be determined in the same manner as provided in Section 13.A.6.e.

4. An FPS/TAA pilot holds his FPS/TAA position at the discretion of his manager.

5. During each bid period, the Company shall construct a work day schedule for each FPS/TAA as follows:

a. An FPS/TAA may designate days free from duty as follows:

i. Up to 5 days off, which may not be in more than 2 blocks, in a 4-week bid period;

ii. Up to 7 days off, which may not be in more than 2 blocks, in a 5-week bid period; or

iii. Up to 8 days off, which may not be in more than 2 blocks, in a 6-week bid period.

He may provide primary and secondary requests regarding which specific days shall be his inviolate days off, and the Company shall accommodate those requests in seniority order. The Company shall make all reasonable efforts to award a pilot’s requested days off by seniority.

c. If an FPS/TAA is working consecutive months in pay only status, he may work the carry over portion in either month, provided enough work is available, as determined by his manager.

d. An FPS/TAA, bidding in a pay only status, shall be notified of his bid period schedule by 1700 LBT on the Friday prior to the beginning of the bid period.

e. Additional work days may not be scheduled without an FPS/TAA’s consent. If the FPS/TAA performs assigned duties on a day previously scheduled free from duty, he shall be entitled to compensation as per Section 9.E.2.c., as applicable.

f. An FPS/TAA may operate open time assignments (e.g., M/U, VLT or DRF) in his primary crew position provided such assignments do not conflict with his scheduled work days. An FPS/TAA operating as a line pilot shall only operate revenue trips in his primary crew position.

g. When an FPS/TAA is positioning to or from a location other than his assigned base, the class of service for his deadhead will be as provided in Section 8.

h. Bid periods in which an FPS/TAA is scheduled for an awarded vacation shall be line flying bid periods to the extent practical. An FPS/TAA, however, who performs FPS/TAA duties during a month in which he has vacation shall have his bid period schedule reduced, day for day, by the number of days in his vacation period. His vacation bank shall be reduced by an R-day value for each day of vacation. An FPS/TAA:

i. May adjust his vacation period by sliding it up to a maximum of 5 days in either direction, in accordance with Section 7.

ii. Shall receive, if requested, a 48 hour duty free vacation buffer at each end of his vacation period. A vacation buffer shall not extend outside the bid period(s) in which the vacation occurred. A vacation buffer shall not create a conflict with a trip that began in the previous bid period.

i. An FPS/TAA on sick leave shall have his sick bank reduced by R-day value for each work day missed due to sick.

6. An FPS/TAA pilot is eligible to participate in System Bids that close during his tenure as an FPS/TAA pilot, but will not receive an actual award without a release from his manager. Flight Project Specialist and Technical Advisor/Aircraft Pay Adjustment (FTPA) shall be administered in accordance with Section 11.Q. (Check Airman/Instructor Pilot Pay Adjustment (CIPPA)), as if the FPS/TAA were a Check Airman or Instructor Pilot.

7. Non-FPS/TAA Pilot Performing FPS Duties

With his concurrence, a qualified pilot who is not an FPS may be assigned FPS duties.

a. If his FPS duties conflict with a trip(s), the pilot shall be removed from that trip(s) and shall earn trip guarantee. If the number of trip days removed exceeds the number of days on which the pilot performed FPS duties, he may be scheduled for additional FPS duties to make up the excess days.

b. If a pilot performs FPS duties on a day off, he shall be compensated as follows:

i. For work involving flight deck duties, a pairing shall be constructed and the pilot shall earn trip guarantee at 150% of his normal pay rate, when he blocks out on such pairing; and

ii. For each additional work day not involving flight deck duties he shall earn R-day value.

iii. Failure to block out will result in showpay.

c. A pilot shall receive an additional $300 per bid period for each bid period in which he performs FPS flight deck duties.

F. Quality Assurance (QA) Program

To the extent that the Company continues to operate a Quality Assurance (QA) Program, the following shall apply to any pilots designated as QA Observers:

1. QA Observers

a. QA Observers shall not be Management pilots, Check Airmen, or Instructor Pilots.

b. QA Observers shall be designated as TAAs.

c. A QA Observer shall be designated as an Additional Crew Member (ACM) (for priority purposes only) on the FP/R for any flight on which he is assigned by the Company to perform duties associated with the QA Program. This designation shall not be construed as eroding the authority of a Pilot-in-Command (PIC) under relevant FAA regulations and interpretive guidance and/or under relevant provisions of the Company’s Flight Operations Manual concerning access to the cockpit.

2. QA Observations

a. Line checks, operating experience, or other training flights shall not be used to conduct a QA Observation.

b. Observation of cockpit activities shall be conducted on a voluntary basis.

i. Before conducting a QA Observation, the QA Observer will first ask the PIC for permission to conduct a QA Observation.

ii. If the PIC decides not to participate in the QA Observation, the QA Observer will not conduct an observation during the flight.

iii. The QA Observer may occupy a cockpit jumpseat, subject to the PIC’s authority concerning access to the cockpit.

iv. If a cabin (i.e., non-cockpit) jumpseat is available, the QA Observer may occupy that cabin jumpseat on the flight.

c. Identified information related to a QA Observation, including any data, a pilot’s statements, performance, and actions observed (including a PIC’s decision to not participate in the QA Observation) shall not be used in any Section 19 or related Section 21 proceeding.

d. Identified information related to a QA Observation including any data, a pilot’s statements, performance, and actions observed (including a PIC’s decision to not participate in the QA Observation) shall not constitute grounds for placement in any Section 11 process, any Enhanced Oversight Program, or any other similar program and/or training.

3. The QA Program shall ensure the confidentiality and anonymity of individual crewmembers. Under no circumstances should it be possible to connect or otherwise identify individuals or a crew that operated a flight on which a QA Observation was conducted.

4. QA Program Informational Meetings

a. Unless otherwise agreed by the parties, the Company and the Association (two representatives designated by the MEC Chairman, or their designees) shall meet on at least a quarterly basis for an in-depth briefing on the QA Program (QA Program Informational Meeting). The briefing will include current issues being studied along with any operational or procedural changes made because of the QA Program since the last QA Program Informational Meeting.

b. The Association’s representatives shall be provided with de-identified data collected pursuant to the QA Program and the results or analyses of those data pertaining to items being discussed during the QA Program Informational Meetings.

c. The Association’s representatives must sign an agreed-upon non-disclosure agreement prohibiting the use or disclosure of QA Program data to anyone other than the Company or ALPA without the written consent of the Vice President of Flight Operations.

d. The Association’s representatives must also complete training, to be provided by the Company, on the Company’s QA Program, including how to collect and analyze QA Program data.

Section 10: Pilots Transferred to Management or Other Duties

B. A pilot covered by Section 10.A. may not bid and be awarded a published line of flying covered by this Agreement.

C. A pilot returning from duty or assignment covered by Section 10.A. shall have his crew position determined as provided in Section 10.D., provided that:

1. the pilot has not forfeited his seniority as provided in Section 22.B.1.e. (failure to return after leave of absence); and

2. the pilot has not been discharged by the Company; and

3. the pilot meets the requirements outlined in Section 24.A.3. (medical and professional certifications) for the appropriate crew seat.

Section 11: Training

A. The Company and Association shall hold meetings semi-annually, or more frequently if requested by the Company or MEC Chairman, to share data, statistics, and information related to training standards.

1. Establishment of training requirements and performance standards shall be specified in the appropriate Flight Operations Manual (FOM) and AQP source documents or in the Training and Procedures section of the applicable Company Flight Manual (CFM).

2. The Company shall meet with the ALPA Training Committee regarding training requirements included in AQP source documents at times and locations agreed upon by both parties.

3. When AQP source documents are revised, the Company shall provide copies of the revised documents or a list of changes for the documents to the MEC Training Committee and Representation Department at least 2 weeks prior to submission to the FAA and at least 30 days prior to the effective date of the document revisions, when feasible.

B. Classification and Special Instruction Materials

1. The following comprise the classifications of pilot training:

a. Initial new hire training;

b. Initial training;

c. Transition training;

d. Upgrade training;

e. Downbid training;

f. Continuing qualification training;

g. Requalification training;

h. Other training:

i. Differences training;

ii. Human factors training;

iii. Training for proficiency;

iv. Training to proficiency;

v. Training required by FAA regulations or Company policy.

2. Special instruction materials are designed to allow pilots to review recent developments, address FAA suspense items, or complete required corporate training (e.g., workplace violence, information security, EEO, etc.).

a. The aggregate total of special instruction materials shall not exceed 3 hours in length measured over a calendar year. The Company and the Association’s Training Committee shall jointly determine the methodology for determining compliance with this provision.

b. The Company shall provide notice of the issuance of special instruction materials via Flight Crew Information File (FCIF) or other communications methods to be designated by the Company, and pilots shall be given a deadline, but not less than 30 days, to review/accomplish the materials.

c. Failure to complete that material shall result in unpaid removal from any activities until completion of the material, except in cases of exceptional circumstances as determined in the sole discretion of the System Chief Pilot, or his designee. The Company shall provide a VIPS notification to all pilots who have not completed such training at least 5 days prior to the deadline.

C. Pilot Qualifications For Training

a. An Airline Transport Pilot Certificate (ATP); and

b. An FAA First Class medical certificate, as provided in Section 15.A. (Medical Standards).

2. The provisions of Section 11.C.1. may be revised by the Company to the extent necessary to comply with governing law and regulation.

D. Notice of Training

A pilot shall receive notification of his initial, transition, or upgrade (ITU) training start date consistent with Section 24.D.4. Notice shall be given through FCIF or other communications methods to be designated by the Company.

Each bid period package shall contain a list of pilots who require continuing qualification training or differences training not in conjunction with any other training. The type of training required and, if applicable, available class dates and times (sessions) shall be communicated in VIPS or through other communication methods to be designated by the Company.

a. Dates and times (sessions) available for that training shall be published in the bid period package.

b. A pilot shall bid for specific training sessions through VIPS. The Company shall process those bids in seniority order as provided for in Section 25.C.12.

3. The Company shall provide pilots with 5 days’ notice in all classifications of training other than those referred to in Section 11.D.1. and 2.

E. Scheduling of Training Events for Trainees

a. A pilot shall bid for specific continuing qualification or differences training sessions. Those bids shall be processed as provided in Section 25.C.12.

b. With the pilot’s consent, a pilot may be scheduled for training, other than ITU training, on a day previously scheduled free of duty provided that he still receives the minimum number of days free of duty for the bid period. This paragraph shall not apply to training scheduled by the pilot (e.g., distance learning).

c. A pilot shall not be assigned to any training event excluding operating experience (OE) or required to travel to or from training on the day before Thanksgiving Day, Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve, or New Year’s Day except:

i. Pilots may be assigned to travel from training to base on the day before Thanksgiving Day, Christmas Eve and New Year’s Eve, provided they are scheduled to arrive by 1600 LBT; and

ii. Pilots may be scheduled for training at their base on the day before Thanksgiving Day, Christmas Eve, and New Years’ Eve provided the training is scheduled to terminate prior to 1400 LBT on that day.

iii. These restrictions may be waived at the pilot’s option.

d. A pilot shall not be required to train or travel to or from training, other than ITU training, during his awarded vacation period(s). A pilot removed from a trip(s) for vacation shall not have any recurrent training scheduled during the scheduled days of the trip(s) or the scheduled days off between those trips in his pre-month or due month unless he initiates a request for recurrent training date(s). This paragraph shall not apply to the scheduling of additional training for a pilot who has incurred a training failure.

e. A pilot shall have at least the following number of days off during initial new hire and ITU training, excluding OE:

i. A minimum of 2 consecutive days off within each 7 consecutive days of training in the Systems and Procedures phases.

ii. In the Maneuvers and Operations phases, the Company shall plan to give the pilot 1 day off following 4 consecutive days of simulator or aircraft training; in every case, a pilot shall receive at least 2 days off following 5 consecutive days of such training.

iii. For initial and transition training programs that are scheduled for longer than 20 training event days (not to encompass OE), a pilot, other than a pilot in initial new hire training, shall receive one block of 6 consecutive days free from duty to be assigned near the midpoint of his training program.

iv. A new hire pilot shall receive 7 consecutive days free from duty following completion of OE.

f. A day of classroom training shall not be scheduled to exceed 8 hours excluding a 1 hour lunch break. A 5 minute break shall be provided during each hour of instruction. A 1 hour lunch break shall be afforded following approximately 4 hours of instruction. A day of CBT shall not exceed 8 hours for recurrent/continuing qualification and 6 hours for ITU.

i. Upon arrival at the training location, he shall be given a 12 hour duty free period prior to commencing any brief or training; and

ii. At the completion of any brief or training, he shall be given a 12 hour duty free period before being scheduled for return travel to his base.

h. The following shall apply to a pilot receiving training in a simulator or flight training device (or aircraft in lieu thereof):

i. He shall not be scheduled for more than 5 consecutive hours of training, excluding brief and debrief.

ii. After approximately 2:30 hours, a physiological comfort break shall be provided. During training periods longer than 3 hours, he shall receive a break at approximately the mid-point of training, unless conducted in an aircraft.

iii. If in an aircraft:

(a) Catering will be provided in accordance with Section 5, as if the training flight is a scheduled bid line trip.

(b) Show time and release time shall be 1 hour prior to block-out and 30 minutes following block-in, respectively.

iv. A pilot shall receive a duty free period of at least 12 hours between each period of training.

vi. The provisions of this paragraph do not apply to OE.

i. Prior to and upon completion of ground school or simulator training, a pilot shall receive a minimum of 12 hours off. This buffer may be reduced operationally by mutual agreement of the pilot and the Duty Officer.

j. The Company shall not require a pilot to conduct or complete distance learning or other special instruction materials within an individually customized time period other than a general deadline for the applicable group of pilots.

k. Time limits and protection of days off and holidays contained in Section 11.E.1., except for Section 11.E.1.h.v., may be waived by mutual agreement of the pilot and the Company.

2. Flight Training Events/Operating Experience (OE)

a. An OE trip, including brief and debrief, shall comply with the duty limitations provided in Section 12 (Hours of Service), for the base from which the first operating (i.e., not deadheading) leg of the trip was scheduled. Duty limitations may be waived by the pilot up to optional assignment limitations.

b. A pilot shall receive a duty free period of at least 18 hours prior to the start of OE. Once a pilot’s OE has commenced his scheduling shall be governed by the provisions of Section 12.

c. Notwithstanding Section 12.B.1.a., the duty period containing the first operational leg (i.e., not deadheading) of OE shall have a showtime of 1:30 prior to scheduled block-out for all pilots assigned to the duty period. For the purposes of Sections 4 and 12, these additional 30 minutes of showtime shall not be considered a standby period but will count as duty.

3. Scheduling of Currency or Qualification Maintenance

A pilot who requires a training or validation/evaluation event in order to maintain currency or qualification may be scheduled for that event on a day(s) previously free from duty with the pilot’s consent, provided he is not scheduled to exceed the minimum days off requirement as described in Section 25.D.1.b. The minimum day off requirement may be waived by mutual consent of the pilot and the Company.

F. Pay for Training

Pay for training shall be as provided in Sections 3 and 4 of this Agreement.

G. Performance Standards

1. A pilot shall not have completed CBT/LMS until he scores 100%.

2. The required minimum score on any written or electronic exam is 70%, unless a higher score is required by the FARs or AQP source documents.

3. Validation/evaluation events will be recorded as overall satisfactory (S), unsatisfactory (U), or marked as incomplete (I).

4. If a first validation/evaluation event in any phase is unsuccessful, an instructor’s recommendation is required for the second validation/evaluation event in that phase.

H. The Training Review Board (TRB)

1. General Decision-Making

The TRB is established to resolve situations involving individual pilots in training.

The TRB shall be governed by a train to proficiency philosophy for pilots in training. Individual pilots will be dealt with on a case by case basis, without regard to past precedent. If reasonable progress is being made and there is reason to believe the pilot will ultimately be successful, training is usually extended. The overall goal of the TRB is the continuing improvement and quality assurance of the Company’s training program. The TRB shall make its decisions and recommendations based on consensus (i.e., Consensus of the Training Review Board).

2. The TRB shall be notified following the failure of any validation/evaluation event or failure to achieve any required recommendations. The appropriate training manager administers remedial training in accordance with TRB prescriptions.

3. The TRB shall meet to consider any of the following situations (for which there are no remedial training prescriptions):

a. The election of a pilot to withdraw from training on or after the first day of training;

b. A failure of TRB assigned additional training;

c. A failure to be recommended for a validation/evaluation event;

d. A second failure of an evaluation event;

e. A failure to complete recurrent downbid training (Section 11.J.6.);

f. At the discretion of the TRB, a failure of an evaluation event while enrolled in the Enhanced Oversight Program (EOP);

g. If a pilot is initially covered under the ASAP program, but is ultimately excluded from the program as provided in ASAP MOU paragraph 11.f., his case shall be referred to the TRB for any necessary requalification training (as provided in Section 26.Y.4.); or

h. Training irregularities (e.g., ITU, recurrent) that occur during a pilot’s probationary period, provided however, that the TRB’s involvement does not limit the Company’s rights to apply Section 22.B.1.f.

4. Except in extenuating circumstances, the TRB shall confer within 2 business days following the occurrence of an event that requires a TRB meeting.

a. The TRB shall conduct activities in strict confidence. TRB meetings shall be restricted to TRB members unless all TRB members agree otherwise, on a case by case basis. If a non-TRB member(s) is permitted at a TRB meeting, such attendee(s) shall be bound by the same confidentiality requirements that are applicable to the TRB members.

b. The Company shall provide the TRB members and the pilot with copies of the pilot’s training records and any other documents pertaining to the matter no later than 2 business days prior to the TRB meeting.

c. The pilot shall have the right to make a presentation and to offer input to the TRB. The pilot may be required to appear before the TRB. Any time a pilot appears before the TRB, at the pilot’s request, an Association representative may observe the proceedings during the time of the pilot’s presence.

d. When necessary, Association TRB members shall be removed from activities to attend TRB meetings as provided in Section 18.A.2.a.

5. The TRB shall have broad discretion in the action to be taken by individual pilots and the Company. TRB meetings shall occur in the manner agreed upon by TRB members (e.g., in person, telephonically, electronically, etc.). Action may include, but is not limited to:

a. Additional training;

b. Change of instructor;

c. Change of support pilot;

d. Change of training times;

e. Change of training location;

f. Removal of pilot from ITU/recurrent training;

g. Crew position freezes;

h. Crew position reassignment consistent with the pilot’s seniority, based upon the same or a subsequent System Bid;

i. Individual plans for requalification training, which may include crew position assignment, duration of freeze, and/or training plan;

j. Referral to MEC Pilot Assistance Committee;

k. Referral to System Chief Pilot, who shall address his case as circumstances warrant;

l. Pilot counseling;

m. Enrollment in the EOP;

n. Other.

6. In the absence of a consensus concerning TRB recommended actions, the SCP shall use his best efforts to broker a consensus among the members of the TRB. In the event consensus cannot then be reached, the SCP shall determine the resolution. In the event the SCP is not on the Master Seniority List, the Company shall designate a member who is on the Master Seniority List to perform these functions.

7. If a pilot disagrees with the TRB’s decision, the pilot may appeal such to the SCP.

8. If the TRB authorizes additional training and if, after additional training, the pilot is still unable to progress further in the training program or unable to pass the required tests or validations/evaluations, the pilot’s matter will be referred back to the TRB for disposition. When a case has been referred back to the TRB after an earlier decision has not produced the desired results, the TRB may direct additional actions, (including referral to the SCP).

9. The deliberations and decisions of the TRB shall be non-precedential and shall not be discoverable, referenced or introduced as evidence in any grievance proceeding or arbitration involving any pilot other than the pilot to whom the TRB deliberations and decisions pertain.

10. Pilots frozen in their crew position or in any way restricted from freely exercising their seniority rights shall not be eligible for System Bid awards for the duration of such freeze. Upon written request from the pilot, the SCP shall review crew position freezes approximately at the midpoint of the freeze for reconsideration.

I. Enhanced Oversight Program (EOP)

1. The EOP exists to ensure that pilots who have demonstrated notable deficiencies during training or evaluation events maintain the required Company standards after remediation has been completed.

2. Pilots will normally be enrolled into the EOP following a validation/evaluation grade of unsatisfactory. The Training Review Board (TRB) may also enroll a pilot in the EOP.

3. The period of the EOP enrollment will normally extend 12 months from the date successful remediation is complete. However, should a subsequent evaluation/validation failure occur during the pilot’s enrollment period, his enrollment may be extended to a date beyond the initial 12 months as determined by the TRB.

4. Pilots entering the EOP will be advised via VIPS notification of their enrollment. Assuming no deficiencies are noted during a pilot’s EOP enrollment, the pilot will be released from the EOP and advised via VIPS notification.

5. The 4 principal members of the TRB will comprise the Enhanced Oversight Group (EOG), and will have direct access to, and will jointly manage the EOP list. The EOG will confer on a quarterly basis to review the EOP list and to ensure its accuracy.

J. Withdrawals, Removals, Freezes and Reassignments

1. A pilot may elect to withdraw from training at any time.

2. If the pilot elects to withdraw from training prior to his award or assignment to a monthly training slot, the election will be reviewed by the System Chief Pilot (SCP).

b. If extenuating circumstances do not exist, the pilot will return to his current crew position, and may incur a crew position freeze of no longer than 3 years from the date of the election of the withdrawal.

a. between the closing date of the bid on which he was awarded the position for which he is training and the date on which he would otherwise return to his current crew position, a more senior pilot has been assigned from the current crew position of the pilot in training; or

b. his current crew position no longer exists (e.g., his base has closed); or

c. he is ineligible to hold that position due to a legal restriction (e.g., regulated age, medical restriction).

c. if his seniority does not enable him to hold a crew position under Section 11.J.5.a. or b., his employment status shall be determined by the Vice President, Flight Operations, consistent with the seniority and qualifications of the affected pilot.

1. Ground Training

A pilot shall be required to satisfactorily complete the following recurrent training activities as required by airplane specific AQP source documents and the FARs:

a. A pilot qualified in an aircraft type may require classroom ground school training.

b. A distance learning program may be used in lieu of classroom training. Completion of any Company required home study entitles the pilot to pay in accordance with Section 4.I.4.d. He shall complete recurrent distance learning by the 23rd day of his grace month or 48 hours prior to the start of any activities scheduled to terminate after the expiration of such month, whichever is earlier. Failure to complete that training shall result in unpaid removal from any activities until completion of the distance learning.

2. Line Check Requirements

Line checks shall be administered by an appropriately qualified Check Airman or an FAA Air Carrier Inspector.

L. Requalification Training

1. If a pilot fails to meet the recency of experience requirements (becoming noncurrent) he shall be requalified in accordance with AQP source documents. However, a pilot whose landing currency has lapsed, while away from base on a trip, may continue by performing the duties and responsibilities of a Relief Flight Officer (RFO/RF2) only. This provision shall only be applicable in the event of extenuating circumstances (e.g., trip revision). Upon completion of that trip the pilot must complete requalification training before being assigned to any further activities.

2. If a pilot fails to complete recurrent training within his eligibility period (becoming overdue) he shall be requalified in accordance with AQP source documents.

3. [Reserved]

4. Failure to complete requalification training shall be addressed by the TRB.

5. If a pilot is in an unqualified status due to recurrent training failure, and has an interruption in training (e.g., sick leave, leave of absence, disability), he must complete the requalification training previously underway before he is eligible for an award of any other crew position.

M. Check Airmen (PCA/LCA/SCA/APD)

1. A Check Airman who evaluates and instructs Captains and/or First Officers shall:

a. Be currently qualified in the Captain crew status; and

i. 300 hours as PIC in the aircraft in which he performs LCA duties if it is the pilot’s first Company employment as an LCA; or

ii. 150 hours as PIC in the aircraft in which he performs LCA duties, if the pilot has been an LCA within the last 5 years.

2. A Check Airman who evaluates Captains may also conduct line evaluations on other crew seats in that aircraft type. When a Captain or First Officer is being evaluated, all other crew seats are also being evaluated. This provision shall not be construed to permit an F/O PCA to conduct Line Checks.

3. The duties and the conditions of a Check Airman’s employment shall be at the discretion of the appropriate Standards or Training Manager, however, those duties and conditions may not contradict provisions of this Agreement. Check Airmen hold their positions at the discretion of the appropriate Standards or Training Manager.

4. Check Airmen may be qualified as a PCA, LCA, SCA, and/or APD.

6. The number of pay only months for an LCA shall not exceed 2 per calendar year unless waived by the LCA. The following shall apply for an LCA when he is bidding in a pay only status in order to perform LCA duties:

b. He may designate up to 5 days off in a 4-week bid period, 7 days off in a 5-week bid period, and 8 days off in a 6-week bid period (which may not be in more than 2 blocks) on his awarded schedule to be days free of duty on his revised schedule. He may provide primary and secondary requests for the specific days off, and the Company shall accommodate 1 of those requests. If 2 or more LCAs request the same days off, those requests shall be considered in seniority order.

e. The notice required in Section 11.M.6.c. and 11.M.6.d. may be waived at the LCA’s option.

f. Any reserve days on an LCA’s schedule shall be scheduled in accordance with Section 11.N.14. and 15., however assignments shall be limited to training events only.

7. The Company shall not place a Check Airman in pay only status for more than 2 consecutive bid periods without his concurrence. However, if it is necessary to place a Check Airman (except for those qualified only as LCAs) in pay only status for more than 2 consecutive bid periods, the Company may fill those requirements in inverse seniority order.

a. During a Check Airman’s third consecutive pay only bid period, he shall be scheduled for 2 PDO fly days in lieu of scheduled training events, subject to the limitations contained in Section 11.M.9. (PDO Bid Period). Due to the lengths of trips in certain domiciles, PDO fly days may be pooled to accommodate a trip longer than 2 days.

b. During a Check Airman’s fourth consecutive pay only bid period, he shall have eligibility equal to the CH value of 2 R-days (or a minimum of 4:30 CHs/day) available to him in the Secondary Working Window (SWW, see Section 25.E.6.) (SWW Bid Period). The Check Airman’s schedule shall include 2 fewer instructional days in an SWW Bid Period, unless deferred in accordance with Section 11.M.10.b.

c. For each additional consecutive pay only bid period, the Check Airman’s proficiency flying eligibility shall alternate between PDO and SWW Bid Periods. When a Check Airman flexes back to line flying (i.e., is awarded a line for flying purposes) and he subsequently flexes back to his instructional duties (i.e., is awarded a line for pay only purposes), he will again be eligible for proficiency flying after his 3rd consecutive pay only bid period. However, he will resume the alternating proficiency flying pattern established when he was last eligible for proficiency flying.

Example: A Check Airman is scheduled for 4 consecutive pay only instructional bid periods (January, February, March, and April). March shall be a PDO Bid Period and April shall be a SWW Bid Period.

Example: A Check Airman is scheduled for 3 consecutive pay only instructional bid periods (January, February, and March). March shall be a PDO Bid Period. In April, the Check Airman is flexed back to line flying. The Check Airman is flexed back to instructional activities in May and is scheduled for 4 consecutive pay only instructional bid periods (May, June, July, and August). July shall be a SWW Bid Period and August shall be a PDO Bid Period.

d. In order to maintain currency, proficiency with line operating policies and procedures, and enhance his professional capabilities, each Check Airman shall seek to attain 100 block hours (reducible by 2 hours per landing) per calendar year in the crew status in which he conducts training.

e. When a Check Airman’s schedule includes a combination of instruction/evaluation flying events, and simulator and/or ground training events (i.e., “combo line”), that schedule shall not be considered as a “pay only bid period” for the purposes of Section 11.M.8.

a. A Check Airman may bump another pilot from his assigned trip(s) in order to maintain his proficiency in the crew status in which he conducts training.

b. No pilot may be bumped without his consent.

c. Check Airmen may PDO bump a pilot in any base.

d. A Check Airman may bump a seat in which he is qualified but cannot hold based on his system seniority, but only if an LCA, SCA, or PCA (who is a Captain by seniority) occupies the other seat.

10. The following shall apply to all Check Airmen, except for those qualified only as LCAs, during a SWW Bid Period:

Example: A Check Airman is placed in pay only status for a third consecutive bid period (which, based on the pattern established in Section 11.M.8., is an SWW Bid Period), and as such is entitled to a 2-day schedule reduction. He elects to defer that reduction, so his instructional schedule is not reduced. During his next SWW Bid Period, he elects not to defer, and also elects to use the previously deferred 2-day reduction. His training schedule for that bid period will be reduced by a total of 4 days.

c. A Check Airman will have corresponding proficiency (PRO) flying eligibility during the SWW (see Section 25.E.6.) as follows:

i. For each day by which a pay only Check Airman’s schedule is reduced, as provided in Section 11.M.10.a., as applicable, the CH value of an R-day (or a minimum of 4:30 CH) shall be available for participation in the Secondary Working Window (SWW) (See Section 25.E.6.), and a corresponding, temporary BLG reduction shall also occur (subject to the proficiency flying/secondary line process immediately below);

ii. The eligibility will also include the CHs previously deferred as provided in Section 11.M.10.b. above, but in no case shall the eligibility exceed 36 CH (at which time the pilot must exercise his PRO flying eligibility);

iii. During the SWW, this eligibility may be used to preference trips from open time, which will be assigned using the PRO assignment code. The pilot may not voluntarily use, toward his secondary line construction, standby trips, R-day blocks, or Relief Flight Officer (RFO/RF2) trips. The PRO assignment code will have the same pay characteristics as TRP;

iv. PRO eligibility shall be exercised at the pilot’s relative seniority;

v. PRO eligibility may be exceeded by as much as 9 CH for each bid period in which such eligibility is exercised; and

vi. When a Check Airman is assigned to an R-day(s), through this process, he shall either:

(a) notify his Training or Standards Manager, no later than the last Friday prior to the start of the bid period in which such R-day(s) occur, to have such R-day(s) be dropped without pay and eligible for make-up; or

(b) have zero leveling on the first such R-day, and shall be in First Fly status for each such R-day.

d. In no event shall a pilot begin a pay only SWW bid period below the applicable Minimum Bid Period Guarantee, subject to the provisions of Section 4.A.

11. A Check Airman shall be notified of his pay only status at least 48 hours prior to the opening of the monthly bid, unless waived. The following shall apply for a Check Airman when he is bidding in a pay only status in order to perform Check Airman duties.

a. The maximum number of scheduled duty days shall not exceed the maximum number of R-days in the bid period.

b. Pay only carryover CHs shall be deposited into the Check Airman’s General Make-up Bank (GMB).

c. A Check Airman bidding in pay only status may designate days free from duty as follows:

i. Up to 5 days off, which may not be in more than 2 blocks, in a 4-week bid period; or

ii. Up to 7 days off, which may not be in more than 2 blocks, in a 5-week bid period; or

iii. Up to 8 days off, which may not be in more than 2 blocks, in a 6-week bid period.

He may provide primary and secondary requests for the specific days off, and the Company shall accommodate 1 of those requests. If 2 or more Check Airmen request the same days off, those requests shall be considered in seniority order.

d. A Check Airman bidding in pay only status shall be notified of his pay only schedule as soon as practicable, but no later than 72 hours prior to the beginning of the bid period.

e. If he so desires, a Check Airman may pick up an instruction/evaluation activity by using credits in his General Make-Up Bank (GMB). Such activity does not constitute an excess of Section 11.M.6.a. (maximum number of scheduled duty days). The applicable credit hour deduction(s) from his GMB for such activity shall be calculated using the same values as set forth in Section 11.M.17.c.

12. When assigned a combination of flight duties in an aircraft and other duties in a training base in a single pay only bid period, a combination of Section 11.M.6.a. and Section 11.M.16. shall be used to determine the maximum number of events on a Check Airman’s schedule.

14. Except for trips included on his awarded schedule during a non-instructional bid period, in the event that a Check Airman’s instruction/evaluation event (trip or training activity) is canceled, the Check Airman will be assigned instructional reserve days as provided in Section 11.N.14. and 15.

15. The notice required in Section 11.M.13. above may be waived at the Check Airman’s option.

17. A Check Airman shall be compensated as follows:

a. A Check Airman bidding in a flying status shall be compensated the BLG/RLG of his awarded bid period schedule plus additional compensation, if any, to which he is entitled, as provided in Sections 3 and 4.

b. A Check Airman bidding in a pay only status shall receive the BLG/RLG of his awarded pay only bid period schedule as published in his monthly bid period package, plus additional compensation, if any, to which he is entitled as provided in Sections 3 and 4.

i. the actual credit hour (ACH) value for a line trip(s) assigned by Flight Training Scheduling; and

ii. R-day value for all other events.

d. A Check Airman bidding in a pay only status shall be compensated as follows for all credit hours earned in a bid period for training activities occurring on days off (except for training activities assigned in Make-Up status), as defined by his originally published schedule:

i. At 150% of the (ACH) for a line trip(s) assigned by Flight Training Scheduling;

ii. R-day value at 150% for direct student contact and non-instructional seat support; and

iii. R-day value at his normal rate of pay for all other events.

e. If a Check Airman is revised pursuant to Section 11.M.13. above, he shall be compensated a minimum of his awarded BLG.

f. If a Check Airman’s trip(s) is rescheduled pursuant to Section 11.M.13., he shall be compensated for, or accrue, the greater of the following:

i. The scheduled value of his original trip(s)/activity(ies); or

ii. The greater of scheduled or actual value of the rescheduled trip(s)/activity(ies).

g. In the case of an initial or higher-level qualification, a Check Airman candidate shall be paid the bid period override for that qualification upon commencement of his required training. Once qualified, a Check Airman’s Bid Period Override shall be administered in accordance with Section 11.M.17.i.

h. In addition to all other compensation to which he is entitled, a Check Airman shall receive a bid period override commencing with his first month in the program. If a Check Airman is sick for an extended time (60 calendar days or greater) and is incapable of performing duties as assigned, his bid period override will be stopped effective on the first day of the first full bid period following 90 calendar days of the date he called sick in VIPS. His bid period override will be resumed on the first day of the first full bid period after the pilot is released to return to work.

Year 1 = $1,500

Year 2 = $1,600

Year 3 = $1,700

Year 4 and above = $1,900

18. A Check Airman is eligible to participate in System Bids that close during his tenure as a Check Airman, but will not receive an actual award without a release from his Standards or Training Manager, as provided in Section 11.Q.1.

19. A Check Airman who elects to resign his position must notify the Standards or Training Manager at least 3 bid periods in advance.

a. The notification period may be reduced at the discretion of the Standards or Training Manager.

b. The Check Airman may be retained in his position for up to 3 months beyond his desired resignation date at the discretion of the Standards or Training Manager or 6 months by mutual consent.

c. The Check Airman is eligible to participate, without restriction, in any System Bid which closes subsequent to the effective date of his resignation.

d. The crew position of a Check Airman who resigns, or is released from his Check Airman status absent an open System Bid or CIPPA crew position, shall be determined by comparing his system-wide seniority against the results of the most recent System Bid. If the pilot is awarded or assigned a different crew position than his current crew position, his training, or base transfer activation, shall be determined in the same manner as provided in Section 13.A.6.e.

20. Bid periods in which a Check Airman is scheduled for an awarded vacation shall be non-pay only bid periods to the greatest extent practical. A Check Airman, however, who is bidding for pay only during a month in which he has vacation, shall have his bid period schedule reduced, day for day, by the number of days in his vacation period. His vacation bank shall be reduced by R-day value for each day of vacation.

21. A Check Airman on sick leave shall have his sick bank reduced by the value of the scheduled trip/training activity for each event missed due to sick.

22. A Check Airman may trade training assignments by coordinating the trade with the applicable training scheduler, and with the approval of the appropriate Standards or Training Manager.

a. Upon arrival at the training location, he shall be given a 12 hour duty free period prior to commencing any brief or training; and

b. At the completion of any brief, training, or reserve period, he shall be given a 12 hour duty free period before being scheduled for return travel.

24. By mutual consent of the Check Airman and the appropriate Standards or Training Manager, a Check Airman may be assigned a training base different from his flying base (e.g., LAX based pilot assigned to the MEM training base, or MEM based pilot assigned to ANC training base, etc.). In such case, the following shall apply:

a. A Check Airman’s assigned training base will not change during his tenure of service, unless mutually agreed upon by the Check Airman and the appropriate manager.

b. All training activities including travel to offsite training locations shall originate and end in the Check Airman’s assigned training base.

c. Travel between the Check Airman’s assigned training base and his flying base shall not be considered a duty day for scheduling purposes.

d. Deviation shall be permitted to and from the assigned training base or offsite training location using training travel bank which includes:

i. travel between the assigned training base and offsite training in accordance with Section 11.M.23.; and

ii. 1 round trip ticket per pay only month between his assigned training base and flying base.

e. The provisions of Sections 5.A. and B. shall not apply while an Check Airman is performing duties in his assigned training base.

25. Unless waived by mutual consent (Check Airman and appropriate Standards or Training Manager), a Check Airman shall maintain his originally scheduled simulator period over consecutive days. The Company may revise the period to either the immediate earlier period or immediate subsequent period, once during the consecutive days. Any further revision during the consecutive days is limited to a return to the originally scheduled simulator period. This paragraph shall not apply to extra training (ET) administered following a training failure, or to training administered following an “incomplete” event.

26. If a Check Airman who is in TDNIF status is not current, he shall be permitted to provide simulator/ground instruction.

27. Bid periods in which a Check Airman is scheduled for an awarded vacation shall be non-instructional bid periods to the greatest extent practical. A Check Airman, however, who is utilized for training during a month in which he has vacation shall have his bid period schedule reduced, day for day, by the number of days in his vacation period. His vacation bank shall be reduced by an R-day value for each day of vacation. A Check Airman:

a. May adjust his vacation period by sliding it up to a maximum of 5 days in either direction, in accordance with Section 7; and

b. Shall receive, if requested, a 48 hour duty free vacation buffer at each end of his vacation period. A vacation buffer shall not extend outside the bid period(s) in which the vacation occurred. A vacation buffer shall not create a conflict with a trip that began in the previous bid period.

28. The Company may deadhead a Check Airman to an off site location per Section 11.N.19.

29. A Standards Check Airman (SCA) or a Check Airman qualified as an Aircrew Program Designee (APD) shall receive an additional $600 per bid period.

N. Instructor Pilots

1. An Instructor Pilot shall be current and qualified in the aircraft on which he instructs, and shall have a minimum of:

a. 300 hours in the aircraft in which he performs Instructor Pilot duties if it is the pilot’s first Company employment as an Instructor Pilot; or

b. 150 hours in the aircraft in which he performs Instructor Pilot duties if the pilot has been an Instructor Pilot within the last 5 years.

2. An Instructor Pilot who is in TDNIF status may not be current, in which case he shall be permitted to instruct.

3. An Instructor Pilot’s duty day (for non-flying events) may be scheduled for up to 8 hours, exclusive of 1 hour lunch break, with device training not to exceed 5 hours exclusive of brief/debrief.

4. The duties and the conditions of an Instructor Pilot’s employment shall be at the discretion of the appropriate Standards or Training Manager, however, those duties and conditions may not contradict provisions of this Agreement.

5. An Instructor Pilot shall bid on and be awarded a bid period schedule in accordance with the terms of this Agreement.

a. The appropriate Training Manager, or his designee, shall determine the monthly requirement for Instructor Pilots in a pay only status and coordinate the rotation of those Instructor Pilots on a monthly basis, and consistent with the provisions and limitations of this Agreement.

b. If an Instructor Pilot is assigned to perform instructor duties for an entire bid period (instructional bid period), he shall bid for a pay only line.

c. An Instructor Pilot shall be notified of his pay only status at least 48 hours prior to the opening of the monthly bid, except by mutual consent.

6. In the event that an Instructor Pilot’s activity is canceled, he will be assigned instructional reserve days as provided in Section 11.N.14.

7. An Instructor Pilot shall not be scheduled to perform instructor duties during non-instructional bid periods without his consent. If he consents to perform those duties he shall be removed from his conflicting scheduled trip(s) and/or R-day(s) as necessary to perform such duties, and shall be paid in accordance with Section 11.N.25.a.iv. or v., as applicable.

8. The Company shall not place an Instructor Pilot in pay only status for more than 2 consecutive bid periods without his concurrence. However, if it is necessary to place an Instructor Pilot in pay only status for more than 2 consecutive bid periods, the Company may fill those requirements in inverse seniority order.

9. In order to provide an opportunity for pay only Instructor Pilots to maintain line proficiency in their respective aircraft, the following shall apply:

a. During an Instructor Pilot’s third consecutive pay only bid period, he shall be scheduled for 2 PDO fly days in lieu of scheduled training events, subject to the limitations contained in Section 11.N.10. (PDO Bid Period). Due to the lengths of trips in certain domiciles, PDO fly days may be pooled to accommodate a trip longer than 2 days.

b. During an Instructor Pilot’s fourth consecutive pay only bid period, he shall have eligibility equal to the CH value of 2 R-days (or a minimum of 4:30 CHs/day) available to him in the Secondary Working Window (SWW) (See Section 25.E.6.) (SWW Bid Period). The Instructor Pilot’s schedule shall include 2 fewer instructional days in an SWW Bid Period, unless deferred in accordance with Section 11.N.11.b.

c. For each additional consecutive pay only bid period, the Instructor Pilot’s proficiency flying eligibility shall alternate between PDO and SWW Bid Periods. When an Instructor Pilot flexes back to line flying (i.e., is awarded a line for flying purposes) and he subsequently flexes back to his instructional duties (i.e., is awarded a line for pay only purposes), he will again be eligible for proficiency flying after his 3rd consecutive pay only bid period. However, he will resume the alternating proficiency flying pattern established when he was last eligible for proficiency flying.

Example: An Instructor Pilot is scheduled for 4 consecutive pay only instructional bid periods (January, February, March, and April). March shall be a PDO Bid Period and April shall be a SWW Bid Period.

Example: An Instructor Pilot is scheduled for 3 consecutive pay only instructional bid periods (January, February, and March). March shall be a PDO Bid Period. In April, the Instructor Pilot is flexed back to line flying. The Instructor Pilot is flexed back to instructional activities in May and is scheduled for 4 consecutive pay only instructional bid periods (May, June, July, and August). July shall be a SWW Bid Period and August shall be a PDO Bid Period.

d. In order to maintain currency, proficiency with line operating policies and procedures, and enhance his professional capabilities, each Instructor Pilot shall seek to attain 100 block hours (reducible by 2 hours per landing) per calendar year in the crew status in which he conducts training.

a. An Instructor Pilot may bump another pilot from his assigned trip(s) in order to maintain his proficiency in the crew status in which he conducts training.

b. No pilot may be bumped without his consent.

c. An Instructor Pilot may PDO bump a pilot in any base.

d. An Instructor Pilot may bump a seat in which he is qualified but cannot hold based on his system seniority, but only if an LCA, SCA, or PCA (who is a Captain by seniority) occupies the other seat.

a. An Instructor Pilot’s schedule shall include 2 fewer days, unless deferred as provided in Section 11.N.11.b.

Example: An Instructor Pilot is placed in pay only status for a third consecutive bid period (which, based on the pattern established in Section 11.N.9., is an SWW Bid Period), and as such is entitled to a 2-day schedule reduction. He elects to defer that reduction, so his instructional schedule is not reduced. During his next SWW Bid Period, he elects not to defer, and also elects to use the previously deferred 2-day reduction. His training schedule for that bid period will be reduced by a total of 4 days.

c. An Instructor Pilot will have corresponding proficiency (PRO) flying eligibility during the SWW (see Section 25.E.6.) as follows:

i. For each day by which a pay only Instructor Pilot’s schedule is reduced, as provided in Section 11.N.11.a., as applicable, the CH value of an R-day (or a minimum of 4:30 CH) shall be available for participation in the Secondary Working Window (SWW), and a corresponding, temporary BLG reduction shall also occur (subject to the proficiency flying/secondary line process immediately below);

ii. The eligibility will also include the CHs previously deferred as provided in Section 11.N.11.b., but in no case shall the eligibility exceed 36 CH (at which time the pilot must exercise his PRO flying eligibility);

iii. During the SWW, this eligibility may be used to preference trips from open time, which will be assigned using the PRO assignment code. The pilot may not voluntarily use, toward his secondary line construction, standby trips, R-day blocks, or Relief Flight Officer (RFO/RF2) trips. The PRO assignment code will have the same pay characteristics as TRP;

iv. PRO eligibility shall be exercised at the pilot’s relative seniority;

v. PRO eligibility may be exceeded by as much as 9 CH for each bid period in which such eligibility is exercised; and

vi. When an Instructor Pilot is assigned to an R-day(s), through this process, he shall either:

(a) notify his Training manager, no later than the last Friday prior to the start of the bid period in which such R-day(s) occur, to have such R-day(s) be dropped without pay and eligible for make-up; or

(b) have zero leveling on the first such R-day, and shall be in First Fly status for each such R-day.

d. In no event shall a pilot begin a pay only SWW bid period below the applicable Minimum Bid Period Guarantee, subject to the provisions of Section 4.A.

12. Pay only carryover CHs shall be deposited into the Instructor Pilot’s General Make-up Bank (GMB).

a. Training schedules shall be published at least 120 hours prior to the start of the bid period.

b. During an instructional bid period, the Company shall construct a schedule of instructional duty days for each Instructor Pilot, and the following shall apply:

i. An Instructor Pilot bidding in pay only status may designate days free from duty as follows:

(a) Up to 5 days off, which may not be in more than 2 blocks, in a 4-week bid period; or

(b) Up to 7 days off, which may not be in more than 2 blocks, in a 5-week bid period; or

(c) Up to 8 days off, which may not be in more than 2 blocks, in a 6-week bid period.

He may provide primary and secondary requests for the specific days off, and the Company shall accommodate 1 of those requests. If 2 or more Instructor Pilots request the same days off, those requests shall be considered in seniority order.

iii. If he so desires, an Instructor Pilot may pick up an instructional activity by using credits in his General Make-Up Bank (GMB). Such activity does not constitute an excess of Section 11.N.13.b.ii. (maximum number of scheduled duty days). The applicable credit hour deduction from his GMB shall be R-day value for each such activity.

a. Instructional reserve periods are:

i. IR-A: 0200-1359 LBT; and

ii. IR-B: 1400-0159 LBT.

b. Notification windows are:

i. IR-A: 2200-0959 LBT; and

ii. IR-B: 1000-2159 LBT.

c. Pilots on instructional reserve must be given at least 4 hours’ notice prior to an event. This notice can be waived by the pilot for seat support events.

16. Unless waived by mutual consent (Instructor Pilot and Training Manager), an Instructor Pilot shall be scheduled to conduct training in the same simulator period over a block of consecutive instructional days. The Company may revise the period to either the immediate earlier period, or the immediate subsequent period once during the block of consecutive days. Any further revision during the block of consecutive days shall be limited to a return to the originally scheduled simulator period. This paragraph shall not apply to extra training (ET) administered following a training failure, or to training administered following an “incomplete” event.

a. Upon arrival at the training location, he shall be given a 12 hour duty free period prior to commencing any brief or training; and

b. At the completion of any brief, training, or reserve period, he shall be given a 12 hour duty free period before being scheduled for return travel.

18. By mutual consent of the Instructor Pilot and the appropriate Training Manager, an Instructor Pilot may be assigned a training base different than his flying base (e.g., LAX based pilot assigned to the MEM training base, or MEM based pilot assigned to ANC training base, etc.). In such case, the following shall apply:

a. An Instructor Pilot’s assigned training base will not change during his tenure of service within the Flight Training Department, unless mutually agreed upon by the Instructor Pilot and the Training Manager.

b. All training activities including travel to offsite training locations shall originate and end in the Instructor Pilot’s assigned training base.

c. Travel between his assigned training base and his flying base shall not be considered a duty day for scheduling purposes.

d. Deviation shall be permitted to and from the assigned training base or offsite training location using training travel bank which includes:

i. travel between the assigned training base and offsite training in accordance with Section 11.N.17.; and

ii. one round trip ticket per pay only month between his assigned training base and flying base.

e. The provisions of Section 5.A. and B. shall not apply while an Instructor Pilot is performing duties in his assigned training base.

Recognizing that emergencies may occur that could effectively stop an entire training/validation/evaluation evolution, an Instructor Pilot or Check Airman may be deadheaded to an off site location as soon as practicable to replace an individual and the following shall apply:

a. Deadhead travel shall be scheduled in accordance with Sections 8 and 12, except as provided below.

b. Combined deadhead duty time and training/validation/evaluation shall not exceed 12 hours.

c. The training/validation/evaluation evolution, if performed on the day of arrival, cannot exceed 6 hours, inclusive of brief and debrief.

d. One hour showtime for deadhead travel to off site location and 30 minutes after block-in from deadhead return shall be used when determining the time away from base for compensation purposes.

e. The Instructor Pilot or Check Airman will be afforded layover accommodations following his training/validation/evaluation evolution for a minimum of 10 hours crew rest.

f. The Instructor Pilot or Check Airman will be compensated at 150% for the duration of the assignment.

g. An Instructor Pilot or Check Airman shall not be required to accept an emergency draft off site.

20. To the greatest extent possible, the Company shall provide an Instructor Pilot at least 12 hours’ notice when his scheduled duty period changes by more than 6 hours. If the Instructor Pilot chooses not to accept the change, he has 90 days to coordinate with his scheduler and make up the event.

21. [Reserved]

22. An Instructor Pilot may trade instructor assignments by coordinating the trade with the applicable training scheduler and with the approval of his Standards or Training Manager.

23. An Instructor Pilot may agree to reschedule his assigned duty days. An Instructor Pilot shall not be entitled to additional compensation as provided in Section 11.N.25.a.iii. or b.ii., as a result of the application of this paragraph, provided he receives his original number of scheduled days off.

24. Bid periods in which an Instructor Pilot is scheduled for an awarded vacation shall be non-instructional bid periods to the greatest extent practical. An Instructor Pilot, however, who is utilized for training during a month in which he has vacation shall have his bid period schedule reduced, day for day, by the number of days in his vacation period. His vacation bank shall be reduced by an R-day value for each day of vacation. An Instructor Pilot:

a. May adjust his vacation period by sliding it up to a maximum of 5 days in either direction, in accordance with Section 7; and

b. Shall receive, if requested, a 48 hour duty free vacation buffer at each end of his vacation period. A vacation buffer shall not extend outside the bid period(s) in which the vacation occurred. A vacation buffer shall not create a conflict with a trip that began in the previous bid period.

25. An Instructor Pilot shall be compensated as follows:

a. During a bid period when an Instructor Pilot is scheduled to be on the line and bidding for flying purposes (i.e., a non-instructional bid period), an Instructor Pilot shall be compensated:

i. As provided in Sections 3 and 4 of this Agreement, when he is not performing Instructor Pilot duties;

(a) R-day value at 150% of his normal rate of pay, for direct student contact and non-instructional seat support; and

(b) R-day value at his normal rate of pay for all other events.

b. During an instructional bid period, an Instructor Pilot shall be compensated as follows:

i. An Instructor Pilot shall bid for a pay only line, and shall receive the BLG/RLG for his awarded (pay only) line, as published in his monthly bid period package, plus additional compensation, if any, to which he is entitled, as provided in Sections 3 and 4. Pay only carryover CHs on an Instructor Pilot’s awarded pay only line shall be deposited into his general make-up bank.

ii. If he agrees to perform Instructor Pilot duties on a day(s) off, in excess of his required number of work days, he shall be compensated:

(a) R-day value for direct student contact activities and non-instructional seat support at 150% of his normal rate of pay for each day; and

(b) R-day value at his normal rate of pay for all other events.

c. In the case of an initial or higher level qualification, an Instructor Pilot candidate shall be paid the bid period override for that qualification upon commencement of his required training. Once qualified, an Instructor’s Bid Period Override shall be administered in accordance with Section 11.N.25.e.

d. In addition to all other compensation to which he is entitled, an Instructor Pilot shall receive a bid period override commencing with the first month in the program. If an Instructor Pilot is sick for an extended time (60 days or greater) and is incapable of performing duties as assigned, his bid period override will be stopped effective on the first day of the first full bid period following 90 calendar days from the date he called sick in VIPS. His bid period override will be resumed on the first day of the first full bid period after the pilot is released to return to work.

Year 1 = $1,000

Year 2 = $1,100

Year 3 = $1,200

Year 4 and above = $1,300

26. An Instructor Pilot may participate in System Bids that close during his tenure as an Instructor Pilot, but will not receive an actual award without a release from his Training Manager as provided in Section 11.Q.1.

27. An Instructor Pilot that elects to resign his position must notify his Training Manager at least 3 bid periods in advance.

a. The notification period may be reduced at the discretion of his manager.

b. The Instructor Pilot may be retained in his position for up to 3 months beyond his desired resignation date at the discretion of his manager or 6 months by mutual consent.

c. The instructor is eligible to participate, without restriction, in any System Bid which closes subsequent to the effective date of his resignation.

d. The crew position of an Instructor Pilot who resigns, or is released from his Instructor Pilot status absent an open System Bid or CIPPA crew position, shall be determined by comparing his system-wide seniority against the results of the most recent System Bid. If the pilot is awarded or assigned a different crew position than his current crew position, his training, or base transfer activation, shall be determined in the same manner as provided in Section 13.A.6.e.

28. Instructor Pilots hold their positions at the discretion of the Training Manager.

29. An Instructor Pilot on sick leave shall have his sick bank reduced by the value of the scheduled activity for each event missed due to sick.

30. Bumping a Captain or First Officer seat which the Instructor Pilot is qualified for but cannot hold based upon his system seniority, shall require an LCA, SCA, or PCA (who is a Captain by seniority) to be in the other seat.

The provisions of Sections 9.A.1. (second sentence only), 11.M.1.b., and M.1.c., shall be waived in case of an aircraft type new to the Company fleet.

1. The Company selection of such pilot candidates to undergo type rating and Check Airman training must occur prior to the introduction of a new aircraft into revenue service. A pilot who did not bid the new aircraft in the initial System Bid and could have held such position, shall not be eligible to be an initial cadre Check Airman.

2. Initial cadre Check Airmen candidates who hold the crew status on the initial System Bid.

a. After the closing of the initial System Bid, the Company shall notify the MEC Chairman in writing of those initial cadre Check Airmen candidates that have been awarded crew positions in the new aircraft in accordance with the provisions of Section 24 of the CBA within 60 days of the award.

b. Initial cadre Check Airmen candidates who receive an award on the initial new aircraft System Bid (i.e., the candidate is awarded the necessary crew status to perform his duties as described in Section 11) shall be considered “Check Airmen.”

c. Check Airmen will use normal bidding processes for BLG and schedule determination in accordance with the provisions of Section 11.M.5., as applicable. A Check Airman shall bid in a pay only status in his previous crew position until the Company publishes a bid period package for the new aircraft type, at which point the Check Airman shall bid in the new aircraft crew position.

d. A Check Airman’s hourly rate of pay shall be as provided in Section 3 except that a Check Airman will receive the higher of:

i. his pay rate at the time of selection as a Check Airman (regardless of whether it is derived from passover pay, CIPPA, or the crew position in which he is currently activated); or

Note: If the Check Airman is awarded/assigned from the crew position for which he was being compensated prior to entering the initial cadre, the pay rate comparison shall be between the crew position he was awarded/assigned as a result of the System Bid and the new aircraft pay rate.

Example: Pilot A, a 757 Captain, holds an award to A300 CAP and is receiving passover pay to A300 CAP. He was part of the initial cadre of Check Airmen for the 757. Under Section 11.O.2.d.ii., the Check Airman is initially compensated at the A300 CAP rate while working as a 757 Check Airman. Then, however, Pilot A is assigned from the A300 CAP seat to the MD-11 F/O seat. Pilot A is compensated as a 757 CAP under Section 11.O.2.d.ii. in the same manner as that by which the “Nth” CIPPA positions are determined, as provided in Section 11.Q.3.a. (using MD-11 F/O as the “applicable crew position”).

e. If the pilot resigns or is removed from the new aircraft training program, he may elect to remain in the crew position he was activated as a Check Airman and shall be compensated accordingly. If the pilot does not so elect, his crew position shall be determined as follows:

ii. If the pilot holds an award/assignment other than the crew position in which he was activated immediately prior to the Check Airman crew status award, he shall be placed in such award and compensated accordingly.

iii. The scheduling of training, or base transfer activation, required by application of Section 11.O.2.e.i. or ii. shall be determined in the same manner as Section 13.A.6.e.

f. A Check Airman shall not incur a passover or CIPPA repayment or a down/lateral bid restriction relating to his participation as a Check Airman under Section 11.O.

a. Initial cadre pilot candidates who are not able to hold an award in the initial new aircraft System Bid will be considered “Provisional Check Airmen” (or Provo). The Company may award Provos Captain crew positions as if they had been awarded such crew position from the initial new aircraft System Bid. Provos will be considered to hold a quasi-award to the new aircraft crew position for purposes of Sections 11.M. These positions will be in addition to the initial System Bid awards. The Company may use Provisional Check Airmen for a maximum of 24 bid periods beginning with the introduction of the new aircraft into revenue service. The Company shall notify the MEC Chairman in writing of those pilots that have been awarded crew positions in accordance with this paragraph within 60 days of the award.

b. A Provo shall bid in a pay only status in his previous crew position until the Company publishes a bid period package for the new aircraft type, at which point the Provo shall bid for vacation in the new aircraft crew position, but shall receive average BLG (for pay only) for the new aircraft crew position. The Provo’s schedule shall be governed by the applicable provisions of Section 11 as if the Provo was bidding in pay only status. Any revenue flying assignments must be accomplished in accordance with the provisions of Section 25.U. (Bumping for Training).

c. During the 24 bid periods, a Provo shall have the ability to participate in all other System Bids as if the pilot was not a Provo.

d. If the Provo receives a crew position award/assignment to the aircraft in which the pilot serves as a Provisional Check Airman, the crew status will no longer be considered “Provisional.”

e. A Provisional Check Airman’s hourly rate of pay shall be as provided in Section 3, except that a Provo will receive the higher of:

i. His pay rate at the time of selection as a Provo (regardless of whether it is derived from passover pay, CIPPA, or the crew position in which he is currently activated); or

ii. The new aircraft pay rate, upon “activation” as a Captain in the new aircraft crew position.

Note: If the Provo is awarded/assigned from the crew position for which he was being compensated prior to entering the initial cadre, the pay rate comparison shall be between the crew position he was awarded/assigned as a result of the System Bid and the new aircraft pay rate.

f. A Provo shall cease to perform all Check Airman duties or be compensated as such upon the earlier of his resignation or removal from the program, or the expiration of 24 months after the introduction of the new aircraft into revenue service. The pilot’s crew position shall be determined as follows:

iii. The scheduling of training, or base transfer activation, required by application of Section 11.O.3.f.i. or ii. shall be determined in the same manner as Section 13.A.6.e.

g. A Provo shall not incur a passover or CIPPA repayment obligation or a down/lateral bid restriction relating to the pilot’s participation as a Provo under Section 11.O.

4. If a System Bid includes a crew position(s) for which the Current Staffing Level is greater than the published Maximum Staffing Level:

a. An initial cadre Provisional Check Airman shall be considered to be in the pool for which the Provo holds a crew position award/assignment (not the quasi-award);

b. An initial cadre Check Airman shall be considered to be in the pool of pilots in the crew position for which the pilot is receiving the pay rate (e.g., a MD-11 MEM Captain, selected as an initial cadre pilot candidate, holds an award on the initial System Bid for the 757 MEM Captain, and receives, through the operation of Section 11.O., the pay rate for an MD-11 Captain; if a System Bid publishes a Current Staffing Level greater than Maximum Staffing Level, in the MD-11 MEM Captain crew position, the pilot will be considered as participating in that pool, and not as a 757 MEM Captain). If the pilot’s participation in that System Bid was in the crew position for which the pilot is performing duties as a Check Airman, the Company may continue to use the pilot as a Check Airman if the pilot is re-designated a Provo. In such case, the Company may continue to use the (newly designated) Provo until the expiration of 24 months following the introduction of the new aircraft into revenue service or 6 months after the close of that System Bid, whichever is later.

5. Line Pilots

All pilots who hold an award from the initial System Bid, and who will not be Check Airmen, will be classified as Line Pilots.

i. The rate assignment for the Line Pilots shall be determined by seniority order.

ii. For each additional Provo “activated” and Check Airman who activated into the new aircraft crew position earlier than his seniority would have dictated, the next most senior Line Pilot will begin receiving the new aircraft pay rate.

iii. When a Line Pilot receiving the new aircraft pay rate under this paragraph is no longer eligible for the rate due to activation, retirement, withdrawal from training, or an award/assignment to a different crew position, then the next most senior Line Pilot, if any, who was not previously receiving the new aircraft pay rate, shall begin receiving it.

iv. Notwithstanding Section 11.O.5.a.iii., if a Provo ceases to be “provisional” (e.g., activates into the new aircraft crew position pursuant to an award/assignment commensurate with the pilot’s seniority or activates in another aircraft after leaving the new aircraft training program), that Provo shall not generate a new aircraft pay rate for any new additional Line Pilots.

v. Notwithstanding Section 11.O.5.a.iii., once an out-of-seniority Check Airman reaches the point at which he would have been activated in seniority order or activates in another aircraft after leaving the new aircraft training program, that Check Airman shall not generate a new aircraft pay rate for any new additional Line Pilots.

b. For Line Pilots receiving the new aircraft pay rate in accordance with Section 11.O.5.a., such pay shall end upon the earlier of:

i. the Line Pilot’s activation into the new crew position for which the Line Pilot is receiving the new aircraft pay rate;

ii. the Line Pilot’s withdrawal or removal from training; or

iii. the Line Pilot’s projected activation date from the original System Bid (i.e., into the crew position that generated the new aircraft pay rate), if the Line Pilot receives a different intervening award.

P. General

1. For purposes of Section 11, “current crew position” is not intended to indicate that the pilot presently maintains FAR currency.

2. Training and validations/evaluations administered to non-pilots may not be conducted in Company aircraft during revenue operations.

3. Continuing qualification simulator events for Instructor Pilots and non-pilot instructors shall be administered by a Check Airman.

4. An Instructor Pilot, or other pilot (as provided in Section 25), may provide seat support for a student pilot during the simulator phase of ITU and all recurrent training events. An Instructor may support simulator phase ITU events except the Maneuvers Validation (MV) and all subsequent simulator events. Notwithstanding the above, an Instructor may provide seat support after the MV for any non-Evaluation/Validation maneuvers events.

5. An Instructor Pilot is required for all Continuing Qualification (CQ) simulator training events. During the simulator phase of ITU, an Instructor Pilot shall conduct the Maneuvers Validation (MV), and all subsequent simulator events. Notwithstanding the above, an Instructor may conduct any non-Validation/Evaluation maneuvers events including those subsequent to the MV.

The Company’s ability to assign an Instructor to conduct non-Validation/Evaluation Continuing Qualification (CQ) simulator event(s) resulting from a revision(s) to the CQ curriculum shall be subject to the process described in Section 11.A.3.a. and b.

6. All training and validation/evaluation events conducted in aircraft shall be administered by a line check qualified Check Airman or an FAA Air Carrier Inspector, subject to the following:

a. Such training and validation/evaluation events for Captains and First Officers shall be administered by a pilot who holds and is currently qualified in the Captain crew status on the aircraft, or by an FAA Air Carrier Inspector;

b. Any crew seat not occupied by a pilot in training shall be occupied by a pilot who is current and qualified in that crew seat, except as provided in Section 11.P.6.c. below.

7. All crew seats shall be occupied during simulator validation/evaluation events.

a. During such simulator validation/evaluation events for a Captain or First Officer crew seat, the Captain and First Officer seats, if not occupied by a pilot being validated/evaluated, shall be occupied by a pilot(s) currently qualified in that crew seat(s) or, in the case of an ITU train to proficiency validation event, by an Instructor who is qualified in that crew seat(s).

b. Reserve pilots, who have voluntarily indicated a preference, may be assigned to provide seat support during simulator validation/evaluation events.

8. Any simulator training period may be audio or video recorded with the written permission of all the pilots involved; provided, however, that such audio or video recording is erased after being viewed and critiqued by the pilots involved. A validation/evaluation event shall not be audio or video recorded.

9. A pilot assigned to occupy a crew seat in support of another pilot’s training session/validation/evaluation event is not required to participate in the ground validation (e.g., walk-around inspection, emergency equipment) administered by the Instructor during the pre-simulator briefing. The assigned pilot shall satisfy the performance standards required by his crew status. Should the pilot flying seat support encounter any significant performance issues that require training (other than debrief), prior to his return to line flying, his case shall be referred to the TRB. A pilot shall not incur a training failure while occupying a seat in support of another pilot’s training.

11. Notwithstanding Section 11.P.10., and available seating permitting, a Check Airman or Instructor Pilot may observe, at the request of a pilot, his flight simulator training, aircraft training, OE or validation/evaluation event. In those cases, a Check Airman/Instructor Pilot is not entitled to additional compensation.

12. Upon request, a pilot receiving training or a validation/evaluation event in a simulator or aircraft shall be granted one change of instructor or Check Airman in the simulator, aircraft or OE phases of ITU training.

13. No simulator validation/evaluation events shall be scheduled to be conducted between 0001 LT and 0500 LT, including brief.

14. [Reserved]

15. A pilot who is subject to a freeze in accordance with Section 11 shall be released from that freeze if he is assigned or furloughed from his crew status, or can no longer hold that crew status due to legal restrictions. Notwithstanding other provisions of Section 11, a pilot may be assigned or awarded a crew status that he is otherwise “permanently ineligible” to hold if that crew status is the only crew status he could hold.

16. Except for de-identified training data, which is not covered by this paragraph, the Company shall retain only training records required by law (including FAA and other governmental agency regulation(s)).

17. A pilot may have Association representation at any conference with management involving unsatisfactory training performance. Meetings shall not be delayed unreasonably because of the need for representation.

18. Proficiency Enhancement Partnership Program

As part of its proficiency enhancement partnership program, the Company will offer the following additional training for proficiency (non-jeopardy training) at the pilot’s election and subject to availability. This training is entirely voluntary on the pilot’s part. The pilot shall not be paid for this training, nor shall it count as duty or a day of work for purposes of this Agreement. The Company shall make a good faith effort to accommodate a pilot’s request for scheduling this type of training, however, this training shall not be scheduled to create a conflict with any other scheduled activities, and will be subject to device and instructor availability. The Company shall offer the following two types of training pursuant to this program:

a. ITU Audit

A pilot holding an ITU award may audit ground school before the commencement of his training, and may select PRO, MAN, and OE events subject to the discretion of the training manager.

b. Proficiency Enhancement

Up to two times per year, a pilot may request proficiency enhancement training. Pilots shall not request proficiency enhancement training to occur within 30 days of scheduled recurrent training.

a. His current crew position, if he is not – at the time of the System Bid’s closing – eligible for passover pay or CIPPA based upon a crew position whose hourly rate of pay is higher than his current crew positon; or

b. His currently awarded crew position, if he is eligible for passover pay.

3. The Company shall administer CIPPA as follows:

i. Upon the Nth actual pilot activation into the applicable crew position, following the close of the applicable System Bid; or

ii. 90 days following the close of the applicable System Bid, if the eligible pilot was the most senior in the comparison (i.e., “Nth”=1st).

b. CIPPA shall continue until the earlier of:

i. The date as of which there are no longer any junior pilots activated in the crew position;

ii. The date as of which there would no longer be any junior pilot activated in the crew position, but for the junior pilot(s)’ unavailability;

iii. The closing date of a subsequent System Bid, in which he was again not released to receive an actual award (i.e., a new, intervening CIPPA eligibility);

iv. The effective date of the pilot’s release or resignation from his Check Airman or Instructor Pilot status; or

c. In the event a CIPPA eligible pilot is not released to receive an actual award in another, subsequent System Bid, as described in Section 11.Q.2., he shall begin to receive his intervening CIPPA consistent with Section 11.Q.3.a.

d. A CIPPA eligible pilot who exhausts the full 24 bid periods described in Section 11.Q.3.b.v. above shall be released from his Check Airman or Instructor Pilot status, and he shall enter the pool of ITU training bidding in the same manner as provided in Section 13.A.6.e. for the notional crew position award upon which his CIPPA was most recently based.

Note: The bid periods during which a pilot is not collecting CIPPA, because of an intervening CIPPA trigger, do not count toward the 24 month limit.

e. A pilot’s monthly CIPPA dollar amount shall be determined by comparing his currently awarded crew position to his currently awarded notional (i.e., CIPPA eligible) crew position, and using the corresponding value in the SDP chart found in Section 24.E.

f. CIPPA shall be paid on a monthly basis in accordance with Section 3.E.1.a.

g. Repayment of CIPPA by Check Airmen or Instructor Pilots shall be exclusively limited to situations in which:

i. The pilot subsequently is awarded, during his receipt of CIPPA, a crew position whose hourly rate of pay is lower than the one upon which his CIPPA is based; or

ii. The pilot withdraws from training for the crew status upon which his CIPPA was based, unless extenuating circumstances existed for such withdrawal (Section 11.J.2.a. or Section 11.J.3.).

R. Ongoing Implementation Measures

The parties recognize that the matters governed by Section 11 are complicated and that the new provisions of Section 11 require significant changes to existing systems and practices. As a result, the parties foresee that flexibility will be required in order to ensure the smoothest possible transition to the new provisions of Section 11. To that end, measures facilitating the implementation, operation, or administration of the provisions in Section 11 may be implemented if agreed upon in writing by the Vice President, Labor Relations and the Association’s MEC Chairman.

Section 12: Hours of Service

If the Company’s operations are disrupted due to extenuating circumstances not within the control of the Company, including, but not limited to, severe weather, natural disasters, abnormal ATC limitations or significant system disruptions, the Vice President, Flight Operations, or his designee, may declare an operational emergency. When an operational emergency is declared, all flight, duty time and rest limitations may be extended/reduced to FAR limits, except as provided in Section 12.D.9. An operational emergency may be declared for a specific sort facility, a region of the system, nationwide or worldwide. In addition, the Company shall communicate the reasons for an operational emergency as soon as practicable but no later than 72 hours following the declaration thereof. In case of an operational emergency declared under this paragraph, the processes described in Section 12.C.5.b.ii. (domestic) and 12.D.6.c.ii. (international) shall apply.

With the consent of the Association, the parties may examine pairings as part of the Fatigue Risk Management System as follows:

Category 1: Prospective ULR Pairings;

Category 2: Prospective pairings that do not comply with either the FARs or the CBA or both; and

Category 3: Prospective pairings which comply with both the FARs and the CBA.

Example: The scheduled block-out of 0900 is moved up to 0830. Showtime automatically moves up from 0800 to 0730, and this is not standby time. On the other hand, if the scheduled block-out remains at 0900 and the Company wants the pilot to show early at 0730, then the period between 0730 and 0800 is a standby period.

Domestic provisions apply to activities conducted entirely within the contiguous 48 states, and to trips constructed under Section 12.D.1.b. and c. (International Provisions).

A pilot shall be relieved from all duty for at least 24 consecutive hours at least once during any seven consecutive days.

A pilot assigned exclusively to domestic trips within a period of 240 hours shall be scheduled to be relieved from all duty at his base for at least 24 consecutive hours at least once during that period. A pilot may waive the provisions of this paragraph to prevent a phase-in conflict, by indicating his waiver when he submits his bid. It shall not be a violation of this rule if a pilot would have received the relief from duty required by this paragraph but for a bid line adjustment, reassignment trip, or a volunteer or draft assignment.

Crew Planning limitations shall apply until 48 hours prior to showtime of a trip or series of trips, except that such limitations do not apply to a sequence of trips that includes an optional assignment (e.g., make-up, trip trade, volunteer or draft). Trips constructed and revisions that occur after that time shall be governed by Section 12.C.4. through C.6., as applicable.

A layover preceding duty as an operating pilot shall be scheduled for at least 10:15 hours. A layover preceding deadhead duty may be scheduled to a minimum of 8 hours.

An anchor zone is an 8 hour period of time, scheduled free from duty, that is common throughout a specified sequence of layovers. An anchor zone is required if a pilot’s planned trip, or series of trips involves operation in the critical period. The following shall apply to trips requiring an anchor zone:

A domestic trip shall not be scheduled for more than 204 hours TAFB.

If flight deck duty occurs anytime in the critical period, there shall not be a following deadhead within the same duty period, except that the final duty period in a trip may contain such deadhead if the trip is scheduled to terminate in base prior to 1030 LBT and the duty period cannot be extended beyond normal scheduled duty limits to accomplish such.

When a deadhead follows flight deck duty in the same duty period, no more than 4 hours shall be scheduled between block-in of the FedEx revenue flight and departure of the deadhead.

Trips that depart base in the critical period and return to base in the same duty period (out and backs) shall be scheduled to block-in by 1000 LBT.

If the showtime for a duty period is between 0500 and 1559 LBT, that duty period shall be limited to a maximum of 13 hours scheduled, except as provided in Sections 12.C.4.d., e., or f.

If the showtime for a duty period is between 1600 and 0059 LBT, that duty period shall be limited to a maximum of 11:30 hours scheduled, except as provided in Sections 12.C.4.d., e., or f.

If the showtime for a duty period is between 0100 and 0459 LBT, that duty period shall be limited to a maximum of 9 hours scheduled, except as provided in Section 12.C.4.g. and C.4.h.

Transitions between the scheduled duty limits set forth in Section 12.C.4.a., b., and c. shall be as follows:

The following applies to a duty period which includes deadhead to base after revenue flight.

Summary Chart for non-Blended Duty Limitations

DAY Scheduled Operational FAR
0500–1559 LBT 13:00 14:30 16
Optional assignment awarded in excess of day limitations (e.g., SON, SWP, PDO, VLT, DRF, etc.) 13:30 15:00 16

NIGHT Scheduled Operational FAR
1600–0059 LBT 11:30 13:00 16
Optional assignment awarded in excess of night limitations (e.g., SON, SWP, PDO, VLT, DRF, etc.) 13:00 14:30 16

CRITICAL Scheduled Operational FAR
0100–0459 LBT 9:00 10:30 16
Optional assignment must be scheduled within critical limitations (e.g., SON, SWP, PDO, VLT,
DRF, etc.)
9:00 10:30 16

A pilot shall not be operationally extended more than 1:30 past the applicable scheduled on-duty limitation, except as provided in Section 12.C.5.a.ii. and 12.C.5.b. The “applicable scheduled on-duty limitation” is the maximum scheduled on duty limitation in each category (i.e., day, night, critical, deadhead to base or optional trip trade, VLT, etc.), with reference to Section 12.C.4.a., b., c., d., e., or f., except that if the scheduled duty limit is blended, then the operational duty limit shall be 1:30 more than that specific blended limit.

If it is necessary to position a pilot to a location outside the contiguous 48 states, to replace another pilot who cannot complete his trip, the positioning pilot’s duty period may be extended as necessary, subject to the following conditions:

A pilot shall be relieved from all duty for at least 24 consecutive hours at least once during any seven consecutive days.

The international grid and its related crew planning limitations shall apply until 96 hours prior to the showtime of an international trip or series of trips, other than those scheduled in accordance with Section 12.D.1.b. or c. Trips constructed and revisions that occur after that time shall be governed by Section 12.D.3. through D.10.

INTERNATIONAL GRID
Inbound Flight Segment Crew Complement Sleep
State
Scheduled Duty Number
of
Landings
Block Hours
TZD of 5 or more 2 Pilots Reset 13:30 3 8
Reset 12:00 4
Adjusted 10:00 2
Not Adjusted 8:30 2
2 Pilots + RFO Reset 13:30 2 12
Adjusted 12:30 2
Not Adjusted 10:00 2
2 Full Crews Reset 18:00 *1 16
Adjusted 16:00 *1
Not Adjusted 16:00 1

INTERNATIONAL GRID
Inbound Flight Segment Crew Complement Sleep
State
Scheduled Duty Number
of
Landings
Block Hours
TZD of less than 5 2 Pilots Reset/Adjusted 13:30 3 8
Reset/Adjusted 12:00 4
Not Adjusted 12:00 4
2 Pilots + RFO Reset/Adjusted 13:30 2 12
Not Adjusted 10:00 2
2 Full Crews Reset/Adjusted 18:00 *1 16
Not Adjusted 16:00 1

*This international grid landing limit may be increased by one for the accommodation of a scheduled “tech stop,” or where otherwise authorized by the Vice-President of Flight Operations, System Chief Pilot, or Director of Operations.

PRECEDING DUTY PERIOD REQUIRED LAYOVER (HOURS) DUTY PERIOD FOLLOWING
Revenue Operation 14 Revenue Operation
Revenue Operation 12 Hotel Standby
Revenue Operation 12 Deadhead Only
Deadhead Only 14 Revenue Operation
Deadhead Only 12 Hotel Standby
Deadhead Only 12 Deadhead Only
Hotel Standby 12 Revenue Operation
Hotel Standby 12 Hotel Standby
Hotel Standby 12 Deadhead

LANDINGS

DUTY LIMITS

DH only

Live to DH

DH to live

DH only

Live to DH

DH to live

no limit

no limit

Grid

Section 12.D.5.b. and c.

Grid based on reset para-meters

Grid

A pilot operating as part of a two pilot crew shall not be scheduled in excess of the block hour limitation provided in Section 12.C.2.a. through c. (8-in-24 and related rules).

A pilot operating as part of a three pilot crew (CAP and F/O and RFO or RF2) shall have the following scheduled block hour limitations:

A pilot operating as part of a two pilot crew shall be subject to the operational block hour limitations provided in Sections 12.C.2.a. through c. (8-in-24 and related rules).

If a pilot operating as part of a three pilot crew (CAP and F/O and RFO or RF2) is projected to exceed the scheduled block hour limitations provided in Section 12.D.3.b., since the completion of his last international legal rest period due to headwinds, ATC limitations, or other unavoidable circumstances (including an intermediate stop for these reasons), he may continue to his base or his original destination, whichever occurs first. However, a crew shall not block out from a location after having exceeded 12 ABH in a 24 hour period without a legal rest period.

A pilot may be scheduled to a maximum of 13:30 hours on-duty.

If a duty period is comprised entirely of deadhead, that duty period shall be limited to a maximum of 16 hours scheduled on duty, except as provided in Section 12.D.5.c.

Deadheads may be scheduled over 16 hours, but not more than 22 hours (Section 8.A.3.b.vii.), in a single duty period subject to the procedures outlined in Section 8.A.5.c.iv.

A 4-pilot double crew shall not exceed 16 block hours in any 24 consecutive hours.

A 4-pilot crew may be scheduled to a maximum of 18 hours on duty, which may be extended to 19:30 hours operational.

A double crew shall be scheduled to receive a rest period following each duty period equal to or greater than the actual on-duty hours of that duty period, but not less than 17 hours. This rest requirement may be operationally reduced to 16 hours.

The following additional limits apply to trips governed by Section 12.D.3. through 8., even in situations covered by Section 12.A.3. or 12.D.6.c.i.

This paragraph applies to all international trips except for international trips constructed under Section 12.D.1.b. or c.

If a pilot’s trip did not conform to 30-in-120 (as set forth in Section 12.D.2.g., except using 30 instead of 32 hours), he shall be paid 3 CH in addition to all other compensation regardless of the 48-hour period as stated in Section 12.D.10.c., and the event shall be additive to the total count of GPEs for the trip.

If a pilot’s trip did not conform to 34-in-168 (as set forth in Section 12.D.2.g., except using 34 instead of 36 hours), he shall be paid 3 CH in addition to all other compensation regardless of the 48-hour period as stated in Section 12.D.10.c., and the event shall be additive to the total count of GPEs for the trip.

The ULR Grid is only applicable to ULR flight segments within a trip.

ULR GRID
Pre-Rest for ULR segments beginning within +/- 1 time zone of pilot’s base Required layover before and after embedded ULR flight segments Scheduled Duty Number of Landings in a Duty Period with a ULR Flight Segment ULR Flight Segment Block Hours
*24 hours reducible to 18 hours 40 hours reducible to 38 hours * 20:00 1 18:00

*A lower limit may be agreed upon by the Association’s SIG Chairman.

Upon the FAA’s approval of ULR operations under the Company’s FRMS, and notwithstanding Section 12.D.8., all ULR-related provisions contained in this Agreement shall become immediately applicable for the specific pairing design approved by the FAA.

A ULR crew shall not exceed 18 block hours in any 24 consecutive hours.

A ULR crew may be scheduled to a maximum of 20 hours on duty, which may be extended to 21:30 hours operational. Any extension beyond the operational limit up to legal limits shall include the protections contained in Section 12.D.6.c.

A ULR crew shall be scheduled to receive a rest period of 40 hours or greater, prior to and after a ULR flight segment. This rest period may be operationally reduced to 38 hours. However, if the ULR flight segment is scheduled to depart within (+/-) 1 time zone of the pilot’s base, and the flight sequence prior to the ULR flight contains no more than a single flight segment, the scheduled rest period required prior to the ULR flight segment shall be 24 hours, which may be operationally reduced to 18 hours.

Section 13: Leaves of Absence

A. General

1. A pilot’s filing for a leave of absence shall be directed to his Fleet Captain. The filing shall be submitted as far in advance as practicable prior to the intended start of the leave filed for, except as provided in Section 13.B.1. (Personal Leave of Absence). The filing shall contain a statement of the type of leave and the reason(s) for which the leave of absence is being filed for, except that reasons for a Medical Leave of Absence shall be sent to the Company’s aeromedical advisor, as provided in Section 13.C. The pilot’s Fleet Captain, or his designee, shall respond in writing to a filing for a leave of absence as soon as practicable, but in no event later than 15 calendar days following receipt of the filing.

2. A pilot returning from a leave of absence is expected to possess FAA certificates and ratings consistent with the crew status to which the pilot is returning, as provided in Section 24.A.3.a.

3. A pilot returning from a leave of absence, other than a medical leave of absence, who does not possess an FAA medical certificate, shall be placed on sick leave or Medical Leave of Absence, provided the pilot is otherwise eligible for that leave as provided in Section 13.C. (including verification of his medical condition by the Company’s aeromedical advisor if required by the Company).

4. Rules of conduct applicable to pilots in active service apply to pilots on leaves of absence. The standard for administering discipline and discharge for a pilot on a leave of absence shall be as provided in Section 19. Notice for preliminary hearings and other disciplinary proceedings shall be sent in accordance with Section 19.E.1. and Section 19.F.4. and 5. A pilot may designate in writing an alternative mailing address for all notices.

5. A pilot on a leave of absence shall not engage in other flying employment without prior written permission from the System Chief Pilot, or his designee.

a. A pilot on leave of absence in excess of a full bid period shall contact his Fleet Captain to notify him of the return date to active service; and his Fleet Captain shall aid the pilot in coordinating such return.

ii. Provided that a pilot has complied with Section 13.A.6.a.i., the pilot shall be returned to active pay status upon his return. Failure to comply with Section 13.A.6.a.i. may result in the pilot’s return to active pay status being delayed an amount equal to the notification delay. In no case shall the pilot be returned to active pay status later than 30 days following the pilot’s return date.

b. A pilot’s crew position upon return to duty following a leave of absence shall be determined as follows:

i. If no System Bids closed during his absence, the pilot shall return to the crew position that was the pilot’s then currently awarded/assigned crew position immediately prior to the commencement of the leave of absence; or

(a) he could have been awarded/assigned, but for his absence, on any of the System Bids that closed during his absence; and

(b) in which, upon his return to active status, he would not be the junior awarded/assigned pilot in that crew position.

c. If upon returning to active status from a leave of absence, the pilot’s current crew position does not differ from the pilot’s currently awarded/assigned crew position, and requalification training is required, requalification training for the pilot’s current crew position shall start within 60 days of his return date, if either:

i. No System Bid closed during his absence; or

ii. A System Bid closed during his absence, but he did not (or could not) select a new crew position (as provided in Section 13.A.6.b.ii.).

d. If upon returning to active status from a leave of absence, the pilot’s current crew position differs from the pilot’s currently awarded/assigned crew position, the pilot’s training shall be handled in the same manner as provided in Section 13.A.6.e.

i. If the System Bid on which the pilot was awarded/assigned his selected crew position has been trained to completion, the pilot shall be assigned to start training within 60 days of his return.

ii. If the System Bid on which the pilot was awarded/assigned his selected crew position has not been trained to completion and if he requires full requalification training (i.e., training with a footprint similar to ITU) in his current crew position upon his return, the pilot shall be assigned to start training for his selected crew position within 60 days of his return.

iii. If the System Bid on which the pilot was awarded/assigned his selected crew position has not been trained to completion and if the pilot requires 24-Requal training in his current crew position upon his return:

(a) the pilot will be assigned to start training for his selected crew position within 60 days of his return if a junior pilot in the case of a crew position award (or a senior pilot in the case of a crew position assignment) has been awarded/assigned a training date; or

(b) the pilot will be assigned to start 24-Requal training within 60 days of his return if a junior pilot in the case of a crew position award (or a senior pilot in the case of a crew position assignment) has not been awarded/assigned a training date. Such pilot shall be eligible to bid for and/or be assigned to training dates (for his awarded/assigned crew position) following completion of his 24-Requal training.

iv. If the pilot’s selected crew position requires a BTA but the pilot requires requalification training in his current crew position, he will be assigned to start requalification training within 60 days of his return. His BTA shall be effective on the first day of the first full bid period following the completion of requalification training.

If the pilot’s selected crew position requires a BTA but the pilot does not require requalification training in his current crew position, his BTA shall be effective on the first day of the first full bid period following his return.

f. A pilot returning from a leave of absence who requires training prior to returning to line flying shall be compensated as provided in Section 4.I.6.

g. A pilot returning from a leave of absence who is able to return to line flying without training shall be scheduled as follows:

i. A pilot whose return coincides with the beginning of a bid period shall be afforded the opportunity to bid for that bid period in the normal bid process prior to his return, in accordance with Section 25.C.6.

ii. A pilot who returns for a portion of a bid period shall be assigned a custom line (Section 25.I.) for the bid period in which he returns.

7. A pilot on a leave of absence shall continue to accrue seniority and longevity for the duration of the leave of absence, except longevity accrual for a pilot on a Personal Leave of Absence shall be limited to 60 days. Adjustments to longevity, if any, shall be made upon a pilot’s return from a leave of absence.

8. A pilot on a leave of absence may be converted to furlough status in accordance with Section 23. If the pilot is recalled from furlough prior to the date on which he was scheduled to return from a leave of absence, he shall have the option of returning to a leave of absence status following his recall from furlough.

9. With the coordination of the System Chief Pilot, or his designee, a pilot on a leave of absence shall be permitted to convert the current leave of absence to another type if the pilot otherwise qualifies for the leave. Nothing in this paragraph shall require the Company to convert a pilot to a leave of absence that the Company is not otherwise required to permit.

10. Failure to return to work at the expiration of a leave of absence shall cause a forfeiture of a pilot’s seniority and employment rights.

11. Pilots needing more information regarding possible benefit continuation during or after a leave of absence should consult an Association official, benefits specialist, personnel representative, legal representative and/or refer to the current Pilot Benefit Book (PBB).

12. A pilot on a leave of absence shall be granted access to VIPS as if he were an active pilot, except for interactive functions relevant only to pilots in active status.

a. A pilot shall retain the previously awarded or assigned vacation period(s).

b. If a pilot is unable to take the scheduled vacation or bid for vacation due to a leave of absence, then within 30 days following the pilot’s return to active pay status, the pilot shall select a different or new vacation period(s). The selection shall be made from among the following slots in the current year:

i. open slots; or

ii. slots currently held by any junior pilot in the crew position.

c. If a pilot fails to make a selection as described above, the Company may assign the pilot a vacation slot in accordance with Section 13.A.13.a.,b., and d.

d. If a pilot’s vacation is unable to be rescheduled/assigned as provided above, the vacation bank shall be bought back, subject to the provisions of Section 7.G.6., or as an exception to the 40% buy back, the pilot may request to have the CH of vacation paid. Any vacation not bought back shall be a positive adjustment to the pilot’s vacation bank for the following year.

e. Selection of a junior pilot’s vacation slot shall not impact any junior pilot’s vacation award.

14. Any medical information received by the Company’s aeromedical advisor under this Section shall be treated on the same basis as medical information in Section 15.H.

B. Personal Leave of Absence

2. At the discretion of the Company, a pilot may be granted a Personal Leave of Absence without pay for a period not to exceed 90 days. The System Chief Pilot, or his designee, may require a pilot to exhaust earned and unused vacation prior to granting a Personal Leave of Absence. A Personal Leave of Absence may be extended for additional periods, not to exceed 90 days per extension. No personal leave, including extensions, shall exceed 24 months; provided, however, that in extenuating circumstances and on a case-by-case basis, the Vice President, Flight Operations, or his designee, may extend such leave beyond 24 months.

1. A pilot who files for a Medical Leave of Absence, because the pilot is unable to perform the duties as a pilot due to illness or injury, shall be placed on medical leave of absence without pay, provided the need for such leave is substantiated, if required by the Company, as provided in Section 13.C.2.

3. A Medical Leave of Absence may not exceed a total continuous period of 7 years.

1. All leaves of absence and related re-employment rights and benefits concerning service in the uniformed services shall be governed by applicable statutes and regulations.

2. When warranted by operational needs, the Company may request appropriate military or government authorities to defer a pilot’s service. Once notified of a FDA assignment, a pilot shall advise the appropriate military authorities in writing of his expected absence from the country.

3. The parties recognize that issues regarding the sharing of pilot resources between the Company and the various branches of the uniformed services are important concerns for both the Company and its pilots with service obligations. The parties pledge their mutual cooperation when dealing with periods of service and re-employment issues as they might affect both the Company and its pilots. The Company and Association’s Military Affairs committee shall endeavor to minimize and resolve issues involving pilots and their service in the uniformed services.

4. The Company shall consult with the Association’s Military Affairs committee prior to publication of Company guidelines concerning long-term periods of service.

5. Contract requirements and guidance pertaining to short-term periods of service (less than 31 days) are found in Section 25.X.

E. [Reserved]

F. Absence During a Maternity Period and Maternity Leave of Absence

1. During a Maternity Period in conjunction with her pregnancy/care for her newborn child, a pilot may elect any of the following, either alone, or in sequence:

a. Vacation

A pilot may use available vacation hours in her vacation bank during the Maternity Period as follows:

i. The use of available vacation hours must be a part of a single, continuous period of absence within a Maternity Period;

ii. If a pilot elects to use available vacation hours during a Maternity Period, the pilot shall notify her Fleet Captain, or his designee, of the election. If the need to use vacation was foreseeable, the notification shall occur prior to the opening for bidding of the initial affected bid period. If unforeseeable, the notification shall occur as soon as practicable;

iii. The pilot shall provide her Fleet Captain, or his designee, or at her election the Company’s aeromedical advisor, with a medical certification of pregnancy or childbirth, as applicable; and

iv. A pilot who is not expected to be in a flying status at the beginning of a bid period due to her use of vacation hours during a Maternity Period shall bid in a pay only status. A pilot using vacation for an entire bid period may elect to take vacation in whole hour increments from 36 CH up to and including her BLG/RLG. That election may be changed from bid period to bid period and must be submitted in writing (email is acceptable) to the pilot’s Fleet Captain, or his designee, within 48 hours following the close of bidding for the bid period to which the election pertains. In the absence of an election, the pilot shall be compensated at the BLG/RLG of her awarded line (if supported by her vacation bank).

b. Sick Leave

A pilot shall be deemed automatically eligible to use sick leave within the Maternity Period from the beginning of the 21st week of pregnancy through 30 days from the end of the pregnancy, provided that the pilot provides her Fleet Captain, or his designee, or at her election the Company’s aeromedical advisor, with a medical certification of pregnancy and of the beginning of the 21st week of pregnancy or a medical certification of childbirth, as applicable.

c. Disability

A pilot’s eligibility for LTD benefits shall be as provided in Section 27.

d. Unpaid Maternity Leave of Absence

i. The use of an unpaid Maternity Leave of Absence must be a part of a single, continuous period of absence within a Maternity Period.

ii. If a pilot elects to be placed on an unpaid Maternity Leave of Absence during a Maternity Period, the pilot shall notify her Fleet Captain, or his designee, of the election, if foreseeable, prior to the opening for bidding of the initial affected bid period, or as soon as practicable if unforeseeable.

iii. The pilot shall provide her Fleet Captain, or his designee, or at her election the Company’s aeromedical advisor, with a medical certification of pregnancy or childbirth, as applicable.

2. A Maternity Leave of Absence shall run concurrently with FMLA leave when permitted by law.

3. Other uses of sick leave or vacation before, during, or after a Maternity Period are as provided by Sections 7 and 14, and other applicable Sections.

G. Association Leave

Upon filing, a pilot elected to function as a national officer of the Association or IFALPA, or appointed to national Association or IFALPA offices shall be placed on an unpaid Association Leave of Absence for the duration of such position or office. An Association Leave of Absence shall begin and end concurrent with a bid period. A pilot may not simultaneously be removed from flying under the applicable provisions in Section 18 and also be on Association Leave of Absence.

H. United States Government Executive/Legislative Leave

Upon filing, a pilot who is elected to the United States Congress, or who is serving at the appointment of the President of the United States, shall be granted an unpaid United States Government Executive/Legislative Leave of Absence for the earlier of either the duration of such office or appointment, or 6 years. The Company shall not be obligated to place such a pilot on more than two such leaves consecutively.

I. Statutorily Imposed Leaves of Absence

1. All statutorily imposed leave rights and benefits (federal or state) shall be governed by applicable statutes and regulations. This Agreement guarantees a minimum benefit level for FedEx pilots. If required by applicable state or federal laws, the Company will provide a pilot with more generous leave benefits.

2. Pilots needing more information regarding possible benefit continuation for statutorily imposed leaves should consult with an Association, state, or Federal official, benefits specialist, personnel representative, a legal representative and/or refer to the current PBB for more information about particular rights/responsibilities for statutory leaves.

Section 14: Sick Leave

A. General

1. The purpose of sick leave is to protect a pilot from loss of pay, to the extent of his sick leave accrual, when the pilot is unable to perform his assigned duties because of injury, physical or mental illness, or trip fatigue as provided in Section 12.A.9., Section 12.C.5.b.ii., and Section 12.D.6.c.

2. A pilot may review his regular and disability sick account balances in VIPS or other Company computer systems. A pilot shall continue to accrue seniority and longevity while on sick leave.

a. If a pilot is on furlough on the last day of the calendar year, the balance of his regular sick account, if any, shall be transferred to his disability sick account or to the surplus program, as applicable in accordance with Section 14.D. and 14.E.

b. If a pilot recalled from furlough was not in an active pay status on the first day of the calendar year, he shall be credited with a pro rata portion of his annual sick leave accrual.

4. If, having exhausted his occupational injury/illness leave, a pilot receives workers’ compensation payments and sick leave pay at the same time, he may use only enough sick leave so that the workers’ compensation payments plus the sick leave pay equals 100 percent of his BLG/RLG.

5. A pilot who has been removed from a scheduled event and placed on sick leave shall not perform any flight duty during the time that the original event was scheduled to take place, except as follows:

b. after calling in “well,” in VIPS, the pilot may elect to submit for a different event as MUS, if that event has a showtime:

i. outside the footprint of the original event; or

ii. at least 48 hours after the showtime of the original event.

6. The Company may require a pilot to provide the System Chief Pilot’s designee with a written statement from the pilot’s physician explaining his inability to perform his assigned duties because of illness or injury if:

a. The Company has a good faith, and objective reason to question a pilot’s use or attempted use of sick leave; or

b. The pilot’s absence from duty occurred within 24 hours of the beginning or end of the pilot’s vacation period or a “holiday.” As used herein, “holiday” means Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve, Christmas, New Year’s Eve or New Year’s Day. For purposes of this provision, the “vacation period” is the period originally awarded, unless the period is slid and/or extended, in which case the slid and/or extended dates become the “vacation period.”

c. The pilot has requested to utilize his disability sick account in accordance with Section 14.D.2.a.

B. Use of Sick Leave

1. If a pilot has no credit in his regular or disability sick accounts, and would otherwise be in sick leave status, he shall be removed from his trips while he is sick and placed on medical leave of absence (without pay). If a pilot has an injury/illness that qualifies for LTD, he will receive disability benefits in accordance with Section 27.

2. Illness or Injury Notification Requirements

A pilot who becomes ill or injured shall promptly notify the Company via VIPS of his unavailability for assigned duties.

a. After notification of his illness or injury a pilot shall be placed on sick leave.

b. Pilots Not on Reserve

i. At 0700 LBT each day, any trip with 120 hours TAFB or more, with a showtime during the next two local base days that is assigned to a pilot who is on sick leave shall be available in open time for Bid Line Adjustments as provided in Section 25.L. At 1000 LBT, such trips shall become available for assignment by CRS.

ii. At 0700 LBT each day, any trip with less than 120 hours TAFB, with a showtime during the next local base day that is assigned to a pilot who is on sick leave shall be available in open time for Bid Line Adjustments as provided in Section 25.L. At 1000 LBT, such trips shall become available for assignment by CRS, with the exception of trips with a showtime prior to 1800 LBT that same day, which shall become available for assignment by CRS at 0900 LBT.

c. Reserve Pilots

The following shall apply to a reserve pilot who calls in sick for an R-day(s) or a reserve assignment:

i. A pilot holding a line comprised entirely of R-days or holding a mini-RLG consisting of a block(s) of R-days and who is sick for all such R-days shall be compensated his RLG/mini-RLG and shall have his sick leave reduced by such RLG/mini-RLG.

ii. A reserve pilot who has been given a reserve assignment(s) prior to calling in sick shall be removed from that assignment(s) commencing at 0900 LBT on the day prior to showtime for that assignment(s) or at the time of the sick call, whichever is later.

iii. A reserve pilot on sick leave shall be assigned open time as if he were not on sick leave (Section 25.G.3. Open Time Assignment and Section 25.M.6. Reserve Assignment Options). A reserve pilot will maintain his leveling position on the reserve list, and the scheduled credit hours for any trips he is assigned and removed as sick will be credited toward his RLG/mini-RLG and deducted from his sick bank. Commencing at 0900 LBT each day, a reserve pilot with an assignment(s) having a showtime during the next day shall be removed for sick leave and such assignment shall be available for open time assignment by CRS.

3. Well Call

A pilot who is no longer ill or injured shall promptly notify the Company via VIPS, consistent with other provisions of this Agreement (e.g., medical clearance if required, Section 15 process if applicable). Except as provided by Section 12.A.9., Section 12.C.5.b.ii., and Section 12.D.6.c., a pilot shall remain in sick leave status until he notifies the Company via VIPS of his ability to return to flight status and, if applicable, is released by the Company aeromedical advisor to return to duty. If the pilot so elects, in accordance with Section 14.A.5.a., then he shall be given his original assignment(s) if it has not been reassigned to another pilot.

A pilot who becomes ill or injured away from base during a trip shall earn trip guarantee for the entire trip plus actual accumulated overage, if any. He shall be charged sick leave, commencing with the next showtime following his sick call and ending at the showtime for the next duty period he operates during that trip, if any, for the remaining value of his trip. A pilot who becomes ill or injured while away from his base on Company duty shall be provided with proper medical attention, including hospitalization, when required. The Company shall provide transportation, when the pilot is able to travel, back to his base, or at the pilot’s option, to his residence provided that the travel cost is limited to the travel cost of returning to base. A pilot whose placement on sick leave causes him to return to base later than scheduled shall not accrue additional CH for that late return.

If a pilot is removed from an assigned activity due to sick leave, the following shall apply:

a. Pilots Not On Reserve (who hold trip guarantee)

If a pilot is removed from a trip, or portion thereof, for which he holds trip guarantee, he shall be compensated, and his sick leave account(s) shall be reduced by the scheduled credit hours for that trip.

i. If a pilot is removed from a reserve assignment due to sick leave, the scheduled CH for the assignment shall be credited toward RLG and leveling and shall be charged to his sick leave account.

ii. The CH value of an assignment (or portion thereof) shall not be charged to sick leave if it would cause the pilot to exceed RLG.

iii. Upon his return to flight status, a reserve pilot may be given an assignment(s) for which he is eligible provided that assignment does not begin prior to the scheduled termination of the last activity charged to sick leave. No legality conflict shall be considered to take place between the last reserve trip charged to sick leave and a subsequent assignment.

c. If a pilot assigned as MUS, MUV, CMU, VLT or DRF is removed from a trip prior to block-out due to sick leave, he shall not earn any credit hours for that trip and no deduction shall be made from his sick leave account.

d. If a pilot assigned a reassignment trip (RAT) is removed from a trip prior to block-out due to sick leave, he shall be compensated the trip guarantee of the reassignment trip at 100% of his normal pay rate and his sick leave bank shall be charged accordingly.

e. If a pilot assigned a PDO trip is unable to operate that trip due to illness or injury, the scheeduled trip guarantee shall be deducted from his sick leave account.

f. The sick leave account of a pilot scheduled for recurrent training shall be charged for all hours of pay received (as applicable in Section 4.I.4., Recurrent Training Pay), but not worked as a result of sick leave.

g. If a pilot, having commenced initial, transition or upgrade training, is unable to attend that training due to sick leave, he shall be compensated as provided in Section 4.I.5., and his sick leave account(s) shall be reduced by 3 CH for each day sick on a scheduled event, not to exceed his BLG/RLG.

h. If a pilot shows for a base standby assignment, but is unable to complete that assignment due to sick leave, he shall be compensated the CH he would have earned had he completed that standby and his sick leave account shall be reduced by the same amount.

i. If a pilot eligible for substitution is placed on sick leave, the following shall apply:

ii. If he is removed from a base standby assignment, 6 CH shall be credited toward his original trip guarantee and deducted from his sick leave account(s).

iii. If he is unavailable for a day(s) of substitution eligibility, and a deduction was not made as provided in Section 14.B.5.i.i. for that day, trip rig shall be calculated for the period the pilot is unavailable due to sick leave, and shall be credited toward his substitution guarantee and deducted from his sick leave account.

iv. The total CH deducted from his sick leave account shall not exceed trip guarantee for his original or substitution trip(s), whichever is greater.

6. Illness or Injury for Entire Bid Period

A pilot who has been on sick leave for at least 30 days prior to the monthly bid closing and/or is expected to be on sick leave for the entire bid period shall bid pay only unless his Fleet Captain authorizes him to bid a line for flying purposes. However, a pilot who, at the time of bid closing, is activated but is not qualified in his assigned crew position shall be handled in accordance with Section 25.C.6. Unless such pilot is assigned a custom line as provided in Section 25.I., he shall be compensated the BLG or RLG of his pay only line and his sick leave account(s) shall be reduced by the same amount. If assigned a Custom Line, any credit hours earned as a result shall be credited to the applicable sick leave account(s).

7. Lapse of Currency

A pilot on sick leave whose currency is expected to lapse shall be notified by the Company of his expected non-currency. He shall notify his flight manager of his anticipated date of return as soon as he is aware of that date. If the pilot fails to notify his flight manager of his anticipated date of return and, as a result, he cannot be scheduled for required training within 14 days following his return to flight status, he shall be placed in an unpaid status commencing on the date his currency lapses following his date of return and ending at the time his training actually commences, but no later than 14 days after his return.

C. Regular Sick Account

A pilot’s regular sick account shall be credited as follows:

1. A pilot in active pay status on the first day of the first bid period of each calendar year shall be credited with 72 CH on that day.

2. A pilot not in active pay status on the first day of the first bid period of a calendar year shall be credited with 6 CH for each bid period remaining in the calendar year beginning with the bid period in which he returns to paid status, subject to Section 14.C.5.

3. During the calendar year in which a pilot is hired, he shall be credited with 6 CH for each bid period remaining in such calendar year, subject to Section 14.C.5.

4. If a pilot is placed in an inactive pay status following the first day of the first bid period of a calendar year, his regular sick account shall be reduced by 6 CH for each bid period during which he is in an unpaid status during the remainder of the calendar year. If the balance in his regular sick account is insufficient to make the adjustment, then the adjustment shall be made from the pilot’s disability sick account. This adjustment shall occur before the pilot’s regular sick account balance is converted and credited to his disability sick account or surplus program, as applicable.

6. Administration

a. A pilot removed from an activity due to sick leave shall have the credit for that activity(ies) charged against his regular sick account. However, a pilot may elect to have that sick leave charged to his disability sick account provided he complies with the requirements of Section 14.D.2.

7. Make-Up Sick (MUS)

A pilot is eligible to make up CH drawn from his regular sick account. No more than 72 CH per calendar year may be earned in MUS status to replace hours drawn from his regular sick account.

i. The pilot’s application for a medical certificate has been denied or the pilot has been advised by an aviation medical examiner or the Company’s Aeromedical advisor that he is or may not be entitled to exercise the privileges of his medical certificate; or

ii. The pilot has sustained an illness or injury that is anticipated to result in the pilot’s missing more than 36 CH; or

iii. The pilot has exhausted his regular sick account.

b. A pilot on sick leave for a full bid period or longer may elect to receive sick leave in whole hour increments from 36 CH up to and including his BLG/RLG. That election may be changed from bid period to bid period and must be submitted in writing (e-mail is acceptable) to the System Chief Pilot’s designee within 48 hours following the close of bidding for the bid period to which the election pertains. In the absence of an election, the pilot shall be compensated the BLG/RLG of his awarded line.

3. Make-Up Sick—Disability

A pilot is eligible to make up CH drawn from his disability sick account as described in Section 14.D.2.a.

As provided in Section 14.C.6.b., the number of hours remaining in each pilot’s regular sick account shall be added to the existing balance in that pilot’s disability sick account subject to the account ceiling. If the addition of these hours would cause the balance of the pilot’s disability sick account to exceed the disability sick account ceiling, the value of the excess hours shall be deposited into the pilot’s Employer Contribution Unused Sick Leave Account within the Federal Express Corporation Profit Sharing Plan. The amount of the deposit shall be determined by multiplying the excess CH by the pilot’s pay rate at the end of the calendar year, or if he is no longer in active employment, by his last pay rate. The deposit shall be made during the first bid period of the following calendar year as provided in Section 28. Pilots who would otherwise have been eligible for a contribution into the pilot’s Employer Contribution Unused Sick Leave Account within the Federal Express Corporation Profit Sharing Plan but for the termination of his employment, including retirement, death or resignation, prior to the close of the calendar year shall have the value of any surplus contributed to the pilot’s Employer Contribution Unused Sick Leave Account.

1. A pilot who sustains a workers’ compensable injury or illness covered by Section 16 shall be eligible for up to 168 CH of occupational injury/illness leave for each occupational injury or illness. Occupational injury/illness leave may be used for a recurrence of an occupational injury or illness up to the balance of the 168 CH not used for the original occurrence of the injury or illness. Occupational injury/illness leave is a non-accruable benefit. Sick leave shall not be used for occupational injuries or illnesses until occupational injury/illness is exhausted.

2. A pilot shall notify his Fleet Captain as soon as practical of any occupational injury or illness covered by this paragraph.

3. If a pilot exhausts his occupational injury/illness leave and remains unable to return to his scheduled duty, he may utilize his accrued sick leave as provided in this Section.

4. A pilot shall provide the Company and appropriate State authorities with medical documentation verifying an occupational injury/illness and his fitness to return to duty following the injury or illness.

5. Workers’ compensation received by the pilot for a period of absence during which he also received occupational injury/illness leave shall be reimbursed to the Company. In no case shall additional compensation received from workers’ compensation enable a pilot to receive total compensation greater than 100% of his awarded BLG/RLG.

Section 15: Medical Standards

1. Pilots shall meet the medical standards and possess a valid medical certificate consistent with the FAA standards including its waiver, limitations, restriction, special issuance and related FAA policies for the class of medical certificate required for the pilot’s crew seat.

a. 48 hours prior to the end of his due month; or

b. 0900 LBT the day prior to the start of any trip(s) scheduled to terminate either:

i. after the expiration of the pilot’s medical certificate; or

ii. within 48 hours of the expiration.

3. While a VIPS notification(s) of a pilot’s pending FAA medical certificate expiration is provided to each pilot, it is the pilot’s responsibility to know and meet the medical standards by possessing a valid FAA medical certificate. Failure of a pilot to receive a VIPS notice shall not excuse the pilot’s failure to maintain his/her valid FAA medical certificate. If a pilot fails to provide the Company with confirmation via VIPS that he has a valid medical certificate as required by this paragraph, before 0900 LBT on the day prior to the showtime of a trip or R-day scheduled to start within the time period as stated in Section 15.A.2., the trip or R-day shall be removed without pay, and the pilot shall not be eligible for make-up. Trip(s) or R-day(s) shall no longer be removed after the pilot provides the Company with the required validation.

B. Company Payment of FAA Medical Exam Expenses

a. If submitted within 90 days after having incurred the expense, the Company shall reimburse such pilot for the non-routine medical expenses if:

i. the expenses were incurred at the direction of either:

(a) the FAA; or

(b) an FAA designated Aviation Medical Examiner (AME) who reasonably concluded that, in light of FAA requirements, it was necessary to perform a non-routine medical procedure in order for the pilot to obtain or maintain his FAA medical certificate; or

ii. the expenses were incurred in order to obtain a special issuance FAA medical certificate, as required by the FAA.

The Company may test pilots for drugs and alcohol only in accordance with the following:

1. The Company shall maintain the drug and alcohol testing programs that are in use on the effective date of this Agreement, as long as such testing is mandated by law or regulation. The term “programs” includes the type of specimen collected, substances for which a pilot is tested, the methods of testing and the thresholds at which testing is conducted.

a. If any change in a testing program is mandated by law or regulation and the law or regulation does not afford multiple options of compliance, the Company shall give the Association notice and shall consult with the Association at a mutually agreeable time and location concerning such change.

c. The Company may implement a non-mandatory change in a testing program only with the written consent of the Association.

2. The Company shall maintain the FedEx Drug and Alcohol Rehabilitation and Recertification Plan for Flight Crewmembers (HIMS program) that complies with FAA directives regarding pilots who require an Authorization for Special Issuance of a Medical Certificate. Such Plan shall continue to contain full Company participation (including monitoring) in rehabilitating, and returning to work, those pilots who need professional treatment, along with insurance coverage for medical and associated bills in accordance with the terms of those plans as provided in Section 27. Such Plan shall continue to contain payment by the Company of the initial evaluation and the associated psychiatric/psychological evaluation required in conjunction with the petition for a Special Issuance Medical Certificate as provided in Appendix H of the FOM.

3. If the Company has a reasonable basis to believe that a pilot’s ability to perform his duties is impaired for reasons relating to substances not covered by the legally mandated drug testing programs referred to above, the pilot’s case shall be handled as provided in Section 15.D.

2. A pilot in an active pay status who is directed to contact or see the Company’s aeromedical advisor, shall be removed from any conflicting scheduled activities with pay until the aeromedical advisor determines whether the pilot is fit for flight duty.

4. The Company shall pay for all examinations, tests or evaluations performed or directed by its aeromedical advisor. If the pilot needs to travel from the pilot’s permanent, primary address in connection with a Company directed examination(s), test(s) and/or evaluation(s) pursuant to this paragraph, the Company shall provide and arrange transportation, lodging and per diem as provided in Section 5.

a. If the Company’s aeromedical advisor finds the pilot fit for duty, and the pilot agrees, the pilot shall remain on or return to active flight status without loss of pay.

b. If the Company’s aeromedical advisor finds the pilot not fit for duty, and the pilot agrees, he shall be placed on sick leave, disability or medical leave of absence, as applicable.

c. If the Company’s aeromedical advisor finds the pilot fit for duty, and the pilot disagrees, then:

ii. if the pilot does not supply medical documentation supporting his disagreement within 30 days from receipt of the Company’s aeromedical advisor’s determination, he shall be placed on personal leave of absence. If warranted by extenuating circumstances, the System Chief Pilot shall extend the 30 day period. If the pilot subsequently supplies the required documentation, his status shall be determined pursuant to Section 15.D.5.c.i.

d. If the Company’s aeromedical advisor finds the pilot not fit for duty and the pilot disagrees, the pilot shall be placed or remain on sick leave, disability or medical leave of absence, as applicable, until the Company’s aeromedical advisor determines the pilot to be fit for duty, or his case is resolved as provided in Section 15.D.7.

6. The Company shall give written notice to ALPA that the Company’s aeromedical advisor has issued a direction to a pilot under Section 15.D.3. or that the Company’s aeromedical advisor has issued a determination to a pilot under Section 15.D.5. Such notice shall occur as close in time to the Company’s aeromedical advisor’s notice to the pilot as is reasonably practical under the circumstances.

a. If the second physician agrees with the opinion of the Company’s aeromedical advisor, the pilot shall return to active flying status or remain or be placed on sick leave, disability or medical leave of absence consistent with the Company’s aeromedical advisor’s findings.

b. If the second physician disagrees with the opinion of the Company’s aeromedical advisor, a Medical Review Panel (hereinafter MRP) shall be convened to decide whether the pilot, in their opinion, meets the standards for holding and exercising the privileges of the pilot’s medical certificate. Pending the MRP’s determination, the pilot shall be placed or remain on sick leave, disability or medical leave of absence, as applicable.

i. An MRP shall be composed of the Company’s aeromedical advisor, the physician engaged by the pilot as provided in this paragraph, and a third physician qualified to determine the medical issue in question. The third physician shall be selected by agreement between the Company’s aeromedical advisor and the pilot’s physician.

ii. As soon as practicable, the MRP shall consult and determine whether the pilot, in their opinion, meets the standards for holding or exercising the privileges of the pilot’s medical certificate.

(a) Questions regarding the pilot’s medical condition shall be resolved based on the MRP’s determination. The pilot shall remain on or return to active flight status, sick leave, disability or medical leave of absence consistent with the MRP’s determination as applicable.

(b) If the MRP rules that a pilot is fit for duty and the pilot still disagrees, the pilot shall be placed on personal leave of absence.

(c) If the MRP’s determination disagrees with the opinion of the Company’s aeromedical advisor, then:

(1) the Company shall make adjustments, including retroactive adjustments (e.g., back pay or restoration of sick leave), if applicable, that are necessary to make the pilot whole consistent with the MRP’s determination; and

(2) the Company shall reimburse the pilot for all reasonable costs and expenses he incurred in connection with the determination of his medical condition pursuant to Section 15.D.7. (this paragraph).

8. Questions regarding the medical condition of a pilot who has applied for or is receiving a benefit(s) pursuant to Section 27 or 28 shall be resolved in accordance with the provisions of the applicable benefit plan(s).

E. Medical Examination Documentation

Upon request, the Company’s aeromedical advisor, the pilot and the pilot’s physician or a physician associated with the Association’s aeromedical office, as applicable, shall be provided a copy of any report or medical record relating to any medical examination, test or evaluation of that pilot conducted pursuant to this Section. However, in cases where the Company’s aeromedical advisor believes that direct pilot access to information contained in the medical records regarding a specific diagnosis of a terminal illness or a psychiatric condition could be detrimental to the pilot or the pilot’s health, the aeromedical advisor may inform the pilot that access will only be provided to a designated representative of the pilot having specific written consent.

F. Effect on Certain Legal Rights

Nothing in this Section shall be construed to guarantee, deny or limit a pilot’s right to FAA, NTSB or judicial appeal procedures, nor shall it preclude the Company from assisting a pilot with medical problems to regain his medical certificate and return to flight status. This assistance may also include directing the pilot to challenge or appeal the results of adverse findings to the Federal Air Surgeon. All costs of any Company directed challenge/appeal shall be paid by the Company.

1. Flight Management shall not require a pilot to submit to a psychological or psychiatric examination. However, flight management may refer a pilot to the Company’s aeromedical advisor in accordance with Section 15.D.1. (reasonable basis to question fitness). A pilot may be required to undergo a psychological/psychiatric examination if directed by the Company’s aeromedical advisors based on their independent evaluation, in accordance with Section 15. The evaluation conducted by the Company’s aeromedical advisors is expected to include contact with the pilot and any other preliminary evaluation that is necessary in order to reach an independent, informed decision as to the need for further testing.

2. Nothing contained in this Section shall be construed to permit the Company to require a pilot to submit to any medical treatment or invasive procedure which is not consistent with reasonable and current medical practice or which poses an unreasonable threat to the pilot’s health. This paragraph shall not be construed to prohibit testing for drugs, alcohol and, if applicable, other substances pursuant to the provisions of Section 15.C.

a. If the Company’s aeromedical advisor determines that a treatment, procedure or evaluation is appropriate in the circumstances of a case, he shall consult with the pilot’s physician or a physician associated with the Association’s aeromedical office, as applicable, for the purpose of determining the permissibility of that treatment, procedure or evaluation under the provisions of Section 15.G. (this paragraph). The issue shall be resolved by mutual agreement of those 2 physicians.

b. If the 2 physicians cannot agree, the matter shall be submitted immediately to a third physician selected by the Company and the Association. The Company, the Association, and the pilot shall be bound by the findings of the third physician. The fees and expenses of the third physician shall be shared equally by the Company and the Association or the pilot; provided, however, that if the third physician agrees with the pilot, the Company shall reimburse the pilot for all reasonable costs incurred in connection with this paragraph.

All reports and records of any medical examination, test or evaluation of a pilot pursuant to this Section shall be strictly confidential between the Company’s aeromedical advisor and the pilot. Those reports and records shall not be divulged, except in the administration of this Agreement on a “need to know basis” or as required by law, to any other person or entity without the written permission of the pilot. If required by law to divulge, the Company shall provide the pilot notice of such, and upon the request of the pilot, provide the pilot with a copy of such records and reports, unless prohibited by law from doing so. If the final determination of a pilot’s medical condition pursuant to this Section is that the pilot is not medically fit for duty, the Company’s aeromedical advisor may provide a report regarding the pilot’s medical condition to officials in the Benefits Department on a “need to know” basis. Those officials shall receive only as much information as is necessary for them to perform their job functions.

I. General

Nothing in Section 15 shall be construed to limit the Company’s authority to act in accordance with Section 19. Disciplinary issues arising out of the application of Section 15 shall be handled in accordance with Sections 19 and 21.

Section 16: Workers' Compensation Benefits

B. Notwithstanding the provisions of Section 16.A., if a pilot suffers an otherwise compensable injury and is ineligible for workers’ compensation benefits due solely to the geographic location at which the injury occurred, the Company shall provide him with benefits no less favorable than the benefits for which he would have been eligible in the state in which he is domiciled.

C. A pilot who is injured while on a trip or other Company business shall notify his Fleet Captain of such injury as soon as practicable. A workers’ compensation claim shall be processed expeditiously.

D. The Company shall reimburse a pilot for all out-of-pocket medical expenses incurred in connection with a workers compensable injury.

E. If a pilot has sustained a workers’ compensable injury or illness covered by this Section, his occupational illness/injury payments shall be an offset against his workers’ compensation benefits. If, having exhausted his occupational injury/illness leave, as provided in Section 14.F., a pilot receives workers’ compensation payments and sick leave pay at the same time, he may use only enough sick leave so that the workers’ compensation payments plus the sick leave pay equals 100 percent of his BLG/RLG.

1. In order to best ensure that medical expenses are covered by workers’ compensation as quickly as possible, an injured pilot should first attempt to contact his Fleet Captain.

2. If the pilot cannot contact his Fleet Captain immediately and needs treatment, the pilot may request the treating facility to call FedEx Risk Management in the pilot’s domicile in order to get the initial treatment expenses billed to Risk Management. If such does not occur, the pilot may always use personal health insurance or pay cash, in order to get required treatment, and the Company shall reimburse all charges (including deductibles and co-payments) for medical treatment through workers’ compensation.

3. The pilot may contact his Fleet Captain to ensure expeditious reimbursement by workers’ compensation.

Section 17: Prisoner of War or Hostage Benefits

B. The Company shall provide such pilot with the following benefits until the date of release, the official date of death or, if the pilot’s whereabouts are unknown, the expiration of 5 years after the pilot’s disappearance or captivity, whichever occurs earliest:

1. Bid period compensation equal to the pilot’s average credit hours per bid period during the last 12 bid periods (including credit hours earned in VLT, DRF, etc.), considering only those bid periods during which the pilot flew, or was compensated as if he had flown, for an entire bid period multiplied by the pay rate in his current crew position.

2. Applicable insurance benefits and other benefits attendant to his employment status.

3. Accruals and contributions normally made by the pilot and/or the Company.

4. Continuation of insurance benefits for spouse and/or eligible dependents of the pilot.

C. The benefits described in Section 17.A. shall not apply to:

1. Conduct relating to the operation of a Company aircraft that would constitute just cause for termination, if established; or

2. Conduct not relating to operation of Company aircraft that would constitute just cause for termination or which could have led to the pilot’s imprisonment for more than 30 days under Federal law or the laws of the State of Tennessee, if established. The benefits described in Section 17.A., shall not be withheld pursuant to this paragraph until the Company has presented the pilot with notice of its intent to apply this paragraph, and has allowed the pilot to respond.

D. Compensation and other benefits payable under this Section shall be provided to the beneficiaries indicated by the pilot in his Beneficiary Designation Form. In the absence of a completed beneficiary designation form, the Company shall deposit all applicable benefits in trust for the pilot until his status has been legally determined. The trustee shall invest such funds in accordance with applicable fiduciary responsibilities.

E. Should the pilot’s spouse and/or eligible dependents wish to continue health coverage beyond the end of the appropriate benefit continuation period provided in Section 17.A., they may do so under the provisions of COBRA. Pilots and their spouses and/or eligible dependents needing more information regarding COBRA (including time limits) should refer to Section 27 of this Agreement.

F. The Company shall provide each pilot with a beneficiary designation form in the manner described below. Each pilot shall submit such designation form to the designated Company official within 30 days of the pilot’s date of hire.

Section 18: Witnesses and Representatives

A. Removal from Duty

a. the MEC Chairman;

b. MEC Vice-Chairman;

c. MEC Secretary-Treasurer;

d. pilots elected to a national office of the Association or IFALPA office;

e. pilots appointed to national Association or IFALPA positions; and

2. Other Pilots

d. Unless otherwise agreed, the Managing Director, Flight Operations Support, or his designee, shall respond in writing and transmit the response by facsimile to the MEC office and to the pilot via email, as soon as practicable, but not later than 2 business days following receipt of the removal documentation. Any response denying or limiting a removal shall include a statement of the grounds upon which the intended removal was denied or limited.

e. Requests shall not be unreasonably made or denied.

f. A pilot removed from flying for Association business shall remain on Association business for the entire period for which he was removed, except as provided in Section 18.A.6. (sick leave).

g. The MEC may use Company email to make initial contact with a pilot for business or trip drop planning purposes.

a. A pilot shall bid for, and be awarded, a vacation as if he were not removed for Association business.

b. A pilot awarded a regular line who has a scheduled vacation conflict with any trip(s), or conflict with the international buffer of an international trip, will be paid the full BLG. Trip(s) conflicting with vacation shall be charged to his vacation bank.

c. A pilot awarded a secondary line who has a scheduled vacation will be paid the full BLG but will have his vacation bank charged for each day of vacation.

d. A pilot awarded a reserve line who has a scheduled vacation will be paid the full RLG but will have his vacation bank charged the value of a reserve day for each day of vacation.

e. The Association will be billed, pursuant to Section 18.C., for the difference of the BLG/RLG minus the vacation value.

a. If a regular or secondary line pilot’s trip(s) has been removed for Association business and he then becomes sick, the removal code(s) for that trip(s) shall be changed from Association business to sick leave pursuant to the following procedures:

i. At 0900 Local Base Time (LBT), the day prior to the scheduled report time for each affected trip, the removal code will be changed to sick leave while the pilot continues on sick leave.

ii. A pilot shall not be permitted to convert his status for a trip from Association business status to sick leave status after the beginning of that trip.

iii. Once a trip removal code has been changed from Association business status to sick leave, no further removal changes will be made, except as provided in Section 18.A.6.c.

b. If a reserve pilot whose reserve day(s) have been removed for Association business is changed to sick leave for any future reserve day(s), that reserve day(s) value shall be charged to sick leave for each day(s) changed from Association business to sick leave. A pilot shall not be permitted to convert his status for an R-day from Association business status to sick leave status after the beginning of that R-day.

d. A trip(s) or R-day(s) removed for sick leave will not be billed to the Association.

i. During bid periods where the pilots have scheduled vacation, the Association’s reimbursements to the Company shall be reduced by the value of the scheduled vacation (i.e., the number of days of awarded vacation for that bid period times 6 credit hours per day), unless the Association elects the bid period prior to not have the vacation days and hours in the following bid period deducted from the respective pilot’s vacation bank.

ii. An Officer who is projected to be unable to perform his Association duties, for the remainder of the bid period, due to illness or injury, shall, upon notification to the Company, have the Association business status, as described in this paragraph, canceled. The remainder of that bid period, if any, shall be prorated, and any subsequent periods bid in a pay only status shall be compensated the BLG or RLG of his pay only line and his sick leave account(s) shall be reduced by the same amount.

iii. With 30 days written notice to the Company, the Association may elect to process trip removals for an MEC officer(s) as provided in Section 18.A.2.a., rather than as provided in Section 18.B.1.b., or vice versa.

2. A pilot removed from flying for less than an entire bid period shall be protected by the Company from loss of compensation as follows:

a. A line holder shall be compensated for the scheduled credit hours of the trip(s) from which he is removed, including hourly rate override, if applicable, but excluding per diem.

b. A reserve line holder shall be compensated a reserve day value for each day of scheduled reserve availability from which he was removed during the month.

c. A regular, secondary or reserve line shall be adjusted for conflicts for a carryover trip or a carryover reserve day(s).

3. Subject to the provisions of Section 23, a pilot removed from flying for Association business shall continue to receive, earn, accrue and remain eligible for all benefits of employment, including seniority and longevity accrual, sick leave and vacation, as if he had not been removed.

4. A pilot removed from flying for Association business shall be eligible for award/assignment on a System Bid which closes during the period of his removal, subject to the following:

Pilots who have been, or will be (as notified by the Association), unavailable for flying for more than 30 days, due to Association business, shall receive a notional award/assignment.

The following applies to a pilot who receives a notional System Bid award or assignment, pursuant to Section 18.B.4.a., and who would require training for that crew position. That pilot will have his system-wide seniority compared against those who were actually awarded/assigned the applicable crew position (and who also require training), in order to establish their “Nth” position.

This comparison shall be as follows:

i. All pilots who are awarded or assigned (both notionally and actually) the applicable crew position shall be pooled together in a single list.

iii. Pilots who are assigned the crew position shall be listed in inverse seniority order after the pilots in Section 18.B.4.b.ii.

c. Pilots subject to Section 18.B.4.b. will begin to earn the applicable hourly rate either:

i. Upon the Nth actual pilot activation into the applicable crew position, following the close of the applicable System Bid; or

ii. Upon the [N-1]th actual activation, if there is no Nth actual pilot activation (for an award); or

iii. Upon the [N+1]th actual activation, if there is no Nth actual pilot activation (for an assignment); or

iv. 90 days following the close of the applicable System Bid, if there are no actual pilots who activate in that pilot’s crew position.

d. A pilot who was notionally awarded or assigned to a different crew position, while unavailable for flying due to Association businesss, will be assigned to a training date for that crew position as soon as practicable after the Company receives notification of his availability.

e. A pilot who does not receive a notional award pursuant to Section 18.B.4.a., or whose period of unavailability did not include any System Bid closings, will return to his current crew position when the Company receives notification of his availability. If such pilot requires requalification training, he will be assigned to a training date as soon as practicable.

1. On January 1 of each year, the Company shall deposit 2,000 CH into an ALPA Flight Pay Loss Bank. On January 1 of each year, the Company shall deposit 1,600 CH into an ALPA Safety and Data Collection Bank, which shall be allocated as follows:

Aviation Safety Action Program (ASAP) 285 CH
Info Share 95 CH
ASAP Event Review Committee Training 28 CH
Fatigue Risk Management Group (including Fatigue Event Review Committee and Data Collection Steering Committee) 307 CH
Flight Operational Quality Assurance (FOQA) Program 885 CH

2. Should the Association cancel or elect to no longer participate in the programs covered by the ALPA Safety and Data Collection Bank, the Company may remove CHs attributable to those programs, prorated per the number of months remaining in the calendar year.

3. The Company shall bill the Association on a monthly basis for 95% of the compensation paid to pilots on Association business for trips or R-days missed, excluding trips dropped as a result of vacation pursuant to Section 18.A.5., or sick leave pursuant to Section 18.A.6. In addition, the Company shall bill the Association an override of 20% of the amount invoiced pursuant to this paragraph for ordinary compensation related costs incurred by the Company for items such as payroll taxes and the costs of benefits.

5. Invoices shall be submitted to the MEC Secretary-Treasurer, or his designee, and shall include pilot name, employee number, domicile, trip or reserve day dates (as applicable), pairing numbers (if applicable), and compensation paid.

6. Within 45 days following the MEC Secretary-Treasurer’s receipt of an invoice, the Association shall remit the amount due to the Company official designated to receive those payments. In lieu of reimbursement, the MEC may, at its discretion, use the CH in the ALPA Flight Pay Loss Bank or the ALPA Safety and Data Collection Bank to offset reimbursements owed to the Company for specific pilots removed from specific trip/activity by the Association in order to participate in the following Association business:

a. Accident Investigation Committee;

b. Aeromedical Committee;

c. ASAP Event Review Committee, including training for members of the ERC (subject to Section 18.C.4.);

d. Bereavement Committee;

e. Critical Incident Response Program Committee;

f. Data Collection Steering Committee;

g. Fatigue Event Review Committee;

h. Fatigue Risk Management Group;

i. FOQA Steering Committee (subject to the provisions of Paragraphs A.12. and G.1. and 2. of the FOQA LOA);

j. FOQA Monitoring Team (subject to the provisions of Paragraph G.1. and 2. of the FOQA LOA);

k. HIMS Committee;

l. Insurance and Retirement Board;

m. Jumpseat Committee;

n. Legislative Affairs Committee, for activities that are consistent with the Company’s stated interests;

o. Military Affairs Committee;

p. Pilot Benefit Review Board;

q. Pilot Scheduling Improvement Team (subject to Section 25.BB.H.2.b.);

r. Professional Standards Committee;

s. Safety Committee;

t. Security Committee;

u. Security Event Review Committee;

v. Scheduling Committee;

w. Scheduling Improvement Group (subject to Section 25.BB.H.2.a.);

x. Training Committee;

y. Training Review Board, including training for members of the TRB (subject to Section 18.C.4.);

z. Trip Services Committee; and

aa. Any other activity agreed upon, in advance and in writing, by the MEC Chairman and the Vice President, Labor Relations.

Exhaustion of the ALPA Flight Pay Loss Bank will not be the basis for refusing to meet with the Company.

Removals for Association business other than as listed above may not be charged against either the ALPA Flight Pay Loss Bank or the ALPA Safety and Data Collection Bank.

Note: When reconciling removals against either the ALPA Flight Pay Loss Bank or the ALPA Safety and Data Collection Bank, the Association shall include the reason for any such removal.

D. Currency Requirements

1. Any pilot removed from flying for Association business shall maintain currency unless unable to do so for reasons not related to Association business leave provided, however, that MEC officers, members of the MEC Negotiating Committee, along with pilots elected to a national office of the Association or IFALPA office, pilots appointed to national Association or IFALPA positions, and other pilots designated by the MEC Chairman under Section 18.A.1.f. may elect not to maintain currency.

2. A pilot removed for an entire bid period for Association business shall be permitted, during that same bid period, to bump a pilot(s) in his seat and equipment type to maintain currency, in accordance with Section 25.L.11.

1. During any calendar year in which a pilot is removed from flying to participate in Association business on a full- or part-time basis, such pilot may request an assignment from open time as AFB.

2. The pilot shall be paid per diem and, if applicable, international override when operating an AFB trip(s).

3. The number of hours of compensation to which the Company is entitled to reimbursement pursuant to Section 18.C., due to a pilot’s removal from flying for Association business shall be reduced on an hour-for-hour basis by that pilot’s AFB credit. In the event a pilot’s AFB credit exceeds the hours of his compensation to which the Company is entitled to reimbursement pursuant to Section 18.C., the pilot shall be compensated for the excess AFB credit hours (by submission of a pay log). If a pilot is removed from an AFB trip prior to block-out due to sick leave, he shall not earn any CH for that trip and no deduction shall be made from his sick leave account.

4. Invoices submitted to the Association pursuant to Section 18.C., shall state for each AFB trip the pilot’s name, employee number, domicile, trip, pairing number and the amount of compensation offset by the AFB trip.

Section 19: Investiation and Discipline

A. Preliminary Matters

1. Discipline is defined as Letters of Warning, Suspensions, Terminations, and any other action taken by flight management resulting in a loss of pay or benefits to which the pilot would otherwise be entitled.

2. Counseling sessions and Advisory Letters do not constitute disciplinary action and may not be grieved. An Advisory letter is a non-disciplinary form letter issued to a pilot to communicate policy, procedures or work rules, which if violated in the future, could lead to discipline.

3. Standard for Discipline

a. The discipline standard for non-probationary pilots shall be “just cause.”

b. Probationary pilots shall be considered to be employed on an “at will” basis for purposes of administering and reviewing discipline.

B. Documentation

1. The Company shall provide a pilot with a copy of any written record of disciplinary action or advisory letter within 10 days after that record is placed in his personnel file.

2. A pilot shall have 60 days from the date on which the written record is received or reasonably should have been received, to place a written response concerning that action in his personnel file.

3. A pilot may examine his personnel file on any business day during normal business hours with adequate notice to his Fleet Captain.

4. An irregularity report or documents referring to an irregularity report (except for Advisory or Disciplinary Letters) shall not be placed in a pilot’s personnel file.

An Advisory Letter or a Disciplinary Letter (e.g., a letter of warning, suspension, or termination) may be used to establish that a pilot was given notice of a policy, procedure or work rule, and/or that discipline could result from future violations of such policy, procedure or work rule, no matter the date of issuance of such Letter.

An Advisory or Disciplinary Letter shall not serve as a basis for discipline after a period of 1 year during which the pilot receives no further Advisory or Disciplinary Letters. However, an Advisory or Disciplinary Letter may be considered in assessing future discipline involving similar misconduct for up to 2 years after the receipt of the most recent Advisory or Disciplinary Letter.

D. Investigation

1. The Company shall investigate and understand a pilot’s performance and conduct before taking any disciplinary action against that pilot. Part of a proper investigation may include management talking or meeting with a pilot or group of pilots to determine the facts and circumstances surrounding a situation. Depending on the circumstances of the particular case, some or all of the necessary fact gathering may occur prior to or without the need for a hearing of any type.

2. A pilot may request Association representation at a Company investigatory interview/meeting. When a pilot makes such a request, the Company shall either:

a. afford the pilot the opportunity to secure Association representation before initiating or continuing the interview/meeting;

b. refrain from or discontinue the interview/meeting immediately; or

c. offer the pilot the choice of either continuing the interview/meeting without Association representation or rescheduling the interview/meeting within a reasonable period of time, to allow the pilot the opportunity to arrange for Association representation.

3. Under no circumstances shall flight management require a pilot to submit to a psychological or psychiatric examination. However, a pilot may be required to undergo a psychological/psychiatric examination if directed by the Company’s aeromedical advisors, in accordance with Section 15.

A pilot shall not be disciplined without first being afforded the opportunity for a hearing.

a. Notice of Hearing

i. The Company shall send the pilot and the Association a Notice of Hearing setting forth the date, time and place of the hearing, together with a statement of facts and specific subject matter(s) to be addressed. The Notice of Hearing shall be sent to the pilot and Association a reasonable amount of time prior to the hearing considering the time needed to prepare as well as the interest in concluding the matter without undue delay.

Intent: The following example applies to Section 19.E.1.

Example: The Company believes a pilot may have falsified his employment materials by significantly overstating his flight hours and by indicating that he had never received any discipline from a former employer. The following notice would satisfy this paragraph: “You are directed to attend a hearing on April 2 at 10:00 in my office. It has been alleged that you may have falsified your employment materials. If true, these allegations could warrant discipline.”

b. The hearing shall be conducted by the Assistant System Chief Pilot or a Fleet Captain. A written decision shall be issued within 15 days following the close of the hearing. If the decision is to discipline the pilot, the decision shall state the discipline and specific grounds for that discipline.

i. Disputes whether a witness shall be considered confidential shall be resolved by referring the issue to the arbitrator hearing the underlying case, or an arbitrator selected from the panel of arbitrators by mutual agreement. The parties shall present the issue to the arbitrator so that the System Board hearing on the underlying dispute is not delayed.

ii. Information provided along with the Notice of Hearing, as provided in Section 19.E.1.a.ii., need not be reproduced under this paragraph.

d. The pilot shall be afforded the opportunity to respond to information described in Section 19.E.1.c. before a decision is rendered. If necessary, the hearing shall be delayed or continued in order to provide the pilot with adequate time to prepare and/or respond. The Company may continue to investigate the circumstances of a particular case and to gather additional documentation after the close of the hearing.

e. If a pilot is unavailable due to his arrest and detainment by government officials, the Company shall notify the Association, and shall take reasonable steps to notify the pilot of the hearing and to accommodate his participation to the extent permitted under the circumstances. After those prerequisites have been met, the pilot’s unavailability shall not prevent the Company from conducting a hearing regarding the pilot.

2. Internal Appeal

a. If the decision is to terminate the pilot, the case shall automatically be appealed to the Vice President, Flight Operations. The appeal hearing shall be conducted by the Vice President, or his designee, within 15 days after the decision to terminate the pilot.

b. If the decision imposes discipline less than termination, the pilot or the Association may appeal the decision to the System Chief Pilot. Appeals shall be in writing and shall be filed within 15 days after the pilot receives notice of the decision. The appeal hearing shall be conducted by the System Chief Pilot, or his designee, within 15 days after his receipt of the appeal.

c. The hearing officer for the appeal shall be different from the hearing officer for the initial hearing.

d. After an initial discussion in which the Company may ask questions and receive answers from the pilot, if requested by the pilot or the Association, the Company shall produce documentary information (including written witness statements and information in electronic format but excluding notes maintained by management personnel) gathered since the close of the initial hearing.

e. [Reserved]

f. The hearing officer shall issue a written decision within 15 days following the close of the hearing. If the decision is to discipline the pilot, the decision shall state the discipline and specific grounds for that discipline. If the hearing officer fails to issue a written decision in a timely manner, the pilot and/or Association shall not be deemed to have waived any arguments to the System Board regarding any claim for relief based on the untimely decision. Nothing in this paragraph diminishes the Company’s obligation to issue a timely decision.

3. The Association has the right to have a representative present at any disciplinary hearing. The Association shall be given notice prior to any disciplinary hearing in accordance with Section 19.F.5.

4. Appeal To System Board of Adjustment

If the pilot disagrees with the decision at the internal appeal level, the pilot may appeal the decision, through the Association, to the System Board of Adjustment as described in Section 21. The appeal shall be in writing and shall be made within 15 days following the date on which the pilot received notice of the decision. Copies of the appeal shall be sent to the Association, the Vice President, Flight Operations and the designated official in the Company’s Labor Relations Department.

F. General

1. If, as a result of any hearing or appeal, the original discipline imposed on a pilot is reduced or rescinded, the pilot’s pay, benefits, seniority and longevity shall be restored consistent with the hearing officer’s decision, and the pilot’s file shall reflect such resolution.

2. Time limits and hearing/appeal dates may be modified, orally or in writing, by agreement of the parties. Oral agreements shall be confirmed in writing as soon as practicable. Requests for modifications shall not be unreasonably denied.

3. For the purpose of computing the time limits stated herein, an appeal shall be deemed “filed,” and a decision shall be deemed “issued,” on the day in which the appeal or decision is postmarked, or if Federal Express is used, on the day in which the appeal or decision is submitted to the Company for shipment, or if a facsimile machine or electronic mail is used to transmit the appeal or decision, on the day in which the appeal or decision is transmitted by such means.

6. Every participant in disciplinary proceedings shall be free to discharge his duty without fear of retaliation by the Association or the Company. No participant shall be coerced or harassed by the Association or the Company.

7. Copies of recordings or other transcriptions made at any meeting or hearing conducted pursuant to this Section shall be provided to all parties, upon request, without undue delay, after it has been finalized. Failure to respond to a request without undue delay shall render that recording or transcript inadmissible until the requesting party has had sufficient time to review the recording or transcript.

8. Grievants and a reasonable number of witnesses and Association representatives involved in the resolution of disputes pursuant to Section 19 may be released from Company duty, if necessary, as provided in Section 18 of this Agreement. Expenses and flight pay loss, if any, for line pilot witnesses called by any party, shall be borne by the party who called the witness or otherwise incurred the expense.

9. Letter of Warning In Lieu of Hearing

a. Absent the Association’s prior assent to the waiver of a preliminary hearing, the Company shall send the Disciplinary Letter, including the hearing waiver language, to the pilot and the Association without first obtaining the pilot’s signature.

b. The letter will instruct the pilot to indicate his intentions within 7 business days, either by signing and returning the letter to his flight manager (measured from postmark/drop-off), or by communicating to flight management his desire not to waive the hearing.

c. If the pilot signs the letter and there is no correspondence from the Association within the same 7 day period indicating the Association’s disagreement, no further action is necessary, and the discipline will be fully precedential in accordance with Section 19.C. absent a specific agreement to the contrary.

i. The Company may accept the hearing waiver, in which case the discipline will have precedential effect only with regard to the pilot to whom the discipline was issued; or

ii. The Company may conduct a preliminary hearing under Section 19.E, in which case, any discipline, and the precedential effect thereof, would be determined in accordance with Section 19.C.

f. In any case, if the Company offers discipline in the context of a hearing waiver, but ultimately holds a preliminary hearing on the matter (whether under the process described in Section 19.F.9.d. or e.), the offer of discipline and the hearing waiver, and any discussions pertaining to that offer, shall be considered settlement discussions and shall carry the same evidentiary protections that normally accompany such discussions.

10. When mutually agreeable, the Company may conduct disciplinary hearings pursuant to Section 19.E. by telephonic and/or video conference.

11. Removal From Service

a. If a pilot is removed from flying during the disciplinary process set forth in this Section, prior to any disciplinary action being taken, his access to Company communications systems (e.g., e-mail, VIPS, etc.) shall not be restricted or eliminated, and he shall continue to accrue all pay and benefits (e.g., seniority, longevity, retirement, vacation, sick leave) as if he had not been held out of service.

b. During the disciplinary process set forth in this Section, if (i) a pilot’s use of Company jumpseats has been restricted by the Company and (ii) the pilot does not have a residence within 100 nautical miles of the location of the disciplinary hearing, the Company shall provide him with travel to and from the disciplinary hearing and, if necessary, 1 night’s stay in a hotel room in the location of the disciplinary hearing.

c. After a pilot has been withheld from service with pay for more than 2 full bid periods, he is not eligible to bid a flying line. Instead, he must bid a pay only line and shall be paid the BLG/RLG for his awarded pay only line. The pilot may elect that he instead be paid the average of his awarded lines’ credit hour values, plus carryover, during the previous 12 bid periods.

12. Nothing in this Section shall be construed so as to waive or limit any privilege, provided under applicable law, that would protect information from disclosure, including the attorney-client privilege.

Section 20: Grievances: Administrative

A. Application

Section 20 applies to grievances, which are defined as disputes growing out of the interpretation or application of agreements between the parties hereto concerning rates of pay, rules or working conditions. Any pilot, group of pilots covered by this Agreement or the Association on behalf of such pilot(s) who has a grievance concerning any action of the Company affecting the pilot(s), except matters involving discipline, shall have such grievance handled in accordance with the following procedures, provided that such grievance is properly and timely filed in the manner set forth below.

B. Filing of Grievance

2. Notwithstanding the time limitation in Section 20.B.1. above, grievances arising out of clerical or bookkeeping errors may be filed outside the 60 day period provided that they:

a. do not involve a dispute of the Company’s interpretation or application of agreements between the parties hereto; and

b. can be definitively resolved by reference to Company records.

3. The Company may take corrective action at any time upon the discovery of clerical or bookkeeping errors, and the pilot shall be given notice of such change.

4. Copies of grievances shall be provided to the Association and the designated Company officials.

C. Discovery

In response to a request by the other party for specific information, and if known and directly relevant to a grievance, a party shall produce names of witnesses and documentary information (including information in electronic format) but excluding notes except to the extent that the notes contain information from fact or expert witnesses. The party shall produce such information as soon as practicable. If necessary, the grievance hearing shall be delayed or continued in order to provide the parties with adequate time to prepare and/or respond. This paragraph shall not be construed to waive any privilege, provided under applicable law that would protect the information from disclosure, including the attorney-client privilege.

D. Hearing with Vice President

2. A pilot shall be entitled to Association representation, or the pilot may elect to be represented by another pilot, at any hearing conducted pursuant to Section 20.

3. The Association has the right to be present during any hearing conducted pursuant to Section 20.

E. Appeal of Decision

If the decision of the Vice President, Flight Operations, or his designee, is not satisfactory to the pilot or the Association, such decision may be appealed by the Association to the System Board in the manner set forth in Section 21. Such appeal shall be in writing and shall be filed within 15 days following the date on which the signatory of the grievance received the decision. Copies of the appeal shall be sent to the FedEx MEC Grievance Committee Chairman, the Vice President, Flight Operations and the designated officials in the Company’s Labor Relations/Contract Administration Departments.

F. General

1. Time Limits

a. Time limits and meeting dates set forth in this Section may be modified, orally or in writing, by mutual agreement of the parties. Oral agreements shall be confirmed in writing as soon as practicable. Requests for modifications shall not be unreasonably denied.

b. When any hearing or appeal afforded a pilot(s) by this Section is not requested within the respective time limits prescribed herein, including any extension mutually agreed upon, the decision of the Company shall be final and binding.

c. If the Company fails to schedule or conduct a hearing in a timely manner, or to issue a timely decision as required by this Section, the grievance shall be deemed denied on the deadline for the hearing or decision, provided, however, that:

i. the Company’s obligations under Section 20.D.1. or D.4. shall not be diminished by this provision; and

ii. the Association shall not be deemed to have waived any arguments to the System Board regarding any claim for relief based on the untimely hearing or decision.

2. For purposes of Section 20, if a time limit is 15 days or less, the term “day” means business day. If a time limit is more than 15 days, the term “day” means calendar day. In any event, if the last day of a time limit falls on a weekend, or on a Corporate or ALPA Holiday (currently including New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day and the following Friday, Christmas, or the day on which such holiday is observed by the Company or ALPA), the time limit shall be extended through the first business day following the weekend or holiday. The parties shall inform each other expeditiously of any changes in Corporate or ALPA holidays.

3. Delivery of all notices, appeals, and discovery requests and responses pursuant to this Section shall be made by Federal Express Overnight Letter, by certified mail, return receipt requested, in person, by facsimile transmission, Company electronic mail, or by other methods which provide verification of receipt. Such correspondence shall be made to the pilot’s Company electronic mail address and to the pilot’s permanent primary address. A pilot shall be deemed to have received notice upon the earlier of the pilot’s actual receipt of notice or 20 days after the transmission of the electronic mail message. Company decisions shall be issued by FedEx Overnight Letter, with copies sent in the same manner to the FedEx MEC Representation Department, and the FedEx MEC Grievance Committee Chairman.

4. The release from Company duty of the grievant(s) and a reasonable number of witnesses and Association representative(s) involved in the resolution of disputes pursuant to Section 20 shall be as provided in Section 18 of this Agreement. Expenses and flight pay loss, if any, for line pilot witnesses called by any party, shall be borne by the party who called the witness or otherwise incurred the expense. Pilots participating as a witness or representative in a Section 20 hearing shall be authorized to book round trip jumpseats whose booking priority shall be business or an equivalent booking status to prepare for and attend such hearing.

Section 21: System Board of Adjustment

As provided in Section 204, Title II of the Railway Labor Act, a System Board of Adjustment is established for the purpose of adjusting and deciding grievances which arise under the terms of this Agreement and have been processed under Section 19 or Section 20 of this Agreement which are properly brought before it in a timely fashion. The System Board of Adjustment shall be known as the Federal Express Pilots’ System Board of Adjustment (hereinafter referred to as “the System Board”).

A. Jurisdiction

1. The disciplinary System Board shall have jurisdiction over disputes between a pilot(s) or the Association and the Company growing out of grievances, or out of the interpretation or application of any of the terms of the Agreement, which are processed under Section 19 of this Agreement and which are submitted to the System Board as provided in Section 21.B. A neutral arbitrator from the disciplinary panel shall hear such disputes as the sole member of the Board unless either party elects to proceed before a 3-person board. Any such election must be made at least 45 days prior to the System Board proceeding.

2. The non-disciplinary System Board shall have jurisdiction over disputes between a pilot(s) or the Association and the Company growing out of grievances, or out of the interpretation or application of any of the terms of the Agreement, which have been processed under Section 20, and which have been submitted to the System Board as provided in Section 21.B. Such disputes shall be heard by a 3-person System Board unless either party elects to proceed before a 5-person System Board. Any such election must be made at least 45 days prior to the System Board proceeding.

3. Retirement and Benefit disputes which are referred to the Pilot Benefit Review Board, as provided in Sections 27 and 28, are handled as set forth in those Sections.

1. At least 60 days prior to a System Board proceeding, the Company and the Association shall confer and designate the case(s) to be heard during that session. Copies of the appeal(s) for the case(s) designated to be heard shall be promptly provided to the neutral member. If the parties cannot agree, the oldest case(s) shall be selected first, except that under the disciplinary System Board, termination cases shall take precedence over non-termination cases.

2. Disputes shall be appealed to the System Board by filing an Appeal with the System Board Chairman as provided herein.

3. Appeals to the System Board shall contain the following:

a. Statement of facts and circumstances.

b. A citation to the portions of this and/or related Agreements which gave rise to the Grievance.

c. A statement of the issue(s) and/or questions to be decided.

d. Position of the party submitting the appeal.

e. Position of the other party or parties.

f. The relief sought (optional).

4. Copies of appeals shall be sent to the FedEx MEC Grievance Committee Chairman, the FedEx MEC Representation Department, the Vice President, Flight Operations and the designated officials in the Company’s Labor Relations/Contract Administration Departments.

5. If any party disagrees with the statement of its position contained in an appeal filed by another party, the objecting party may submit its own statement to the System Board and all other parties.

6. Pre-hearing briefs may be submitted only to the System Boards by agreement of the parties, or by order of the arbitrator.

C. System Board Composition and Proceedings

1. Composition

a. The Company and the Association, when applicable, shall each appoint an equal number of members to serve on the System Board. Such members shall be current or former employees of the Company or current or former regular employees of the Association. The neutral member of the System Board shall be the arbitrator.

b. Each member of the System Board shall have one vote.

2. Proceedings before the System Board

a. System Board proceedings shall take place in person, unless all parties agree to conduct the hearing telephonically.

b. Disputes between pilots or the Association and the Company, which are processed under Section 19 of this Agreement and which are submitted to the System Board as provided in Section 21.B., may be consolidated by mutual agreement of the Company and the Association.

D. Arbitration

1. The 3-person System Board, when elected by one of the parties for disciplinary cases, shall hear disputes submitted under Section 19 of this Agreement. Otherwise, the neutral member shall decide disciplinary cases alone. The non-disciplinary System Board shall hear disputes submitted under Section 20 of this Agreement.

2. Each member of the System Board shall have one vote. If one member of a 5-person System Board is absent, he may give his proxy to another member. Proxies must be in writing.

a. The System Board may not reach a decision without a vote by all members. No member may refuse to vote in order to prevent a decision from being rendered.

b. If the System Board reaches a decision by majority vote, that decision shall be final and binding on all parties and the System Board shall issue a written decision within 30 days after the vote.

3. The neutral member shall serve as the chairman of the System Board and shall preside at all hearings of the System Board.

4. 15 Day Evidentiary Exchange

Each party shall exchange all documents they intend to enter in their case in chief, in support of their respective positions, and make available, in writing, the names of all witnesses they intend to summon whom they deem necessary to the dispute 15 days prior to the date set for the hearing. Nothing herein shall require the parties to present the aforementioned documents or summon the aforementioned witnesses during the course of the hearing. The parties shall not be restricted from entering documents or summoning witnesses who become known subsequent to the 15 day exchange, provided timely notice is given to the opposing party.

E. Panels of Arbitrators

1. The Association and the Company shall maintain 2 separate panels of 6 arbitrators each: one with arbitrators for disciplinary cases and the other with arbitrators for non-disciplinary cases.

2. Impaneling of Arbitrators

c. The selection of arbitrators shall be accomplished as follows:

i. If an arbitrator(s) appeared on both exchanged lists described in Section 21.E.2.a., such arbitrator(s) shall be accepted as a member of the respective panel. If the panel is not complete, then;

ii. the parties shall examine each other’s lists and determine whether there are any arbitrators on the other party’s list that are acceptable to both parties. Any such arbitrator(s) shall be accepted as a member of the respective panel. If the panel is not complete, then;

(a) the parties shall jointly request the NMB to provide a single list containing 7 arbitrators for each remaining vacancy on that panel (e.g., a list of 14 arbitrators to fill 2 vacancies on a panel).

(b) following receipt of the list(s), the parties shall examine the list(s) and determine whether any arbitrators are acceptable to both parties. Any such arbitrator(s) shall be accepted as a member of the respective panel. If the panel still is not complete, then;

(c) any remaining vacancies shall be filled using the alternate strike method based on the list(s) provided by NMB. A coin toss shall determine which party has the first strike. If the alternative strike method is necessary for both panels, then the party losing the coin toss regarding the administrative panel shall have the first strike on the disciplinary panel.

3. Vacancies on a Panel of Arbitrators

a. Should vacancies occur on either panel of neutral members, other than by operation of Section 21.E.5., the parties shall attempt to agree on a replacement within 30 days after the vacancy occurs. If the parties are unable to agree on a replacement, the vacancy shall remain unfilled.

b. If there are too few arbitrators to hear scheduled arbitrations, the parties may select an arbitrator to hear a scheduled arbitration on an ad hoc basis. This arbitrator shall be selected by the alternate strike method from a list of 7 arbitrators provided by the National Mediation Board. A coin toss shall determine which party has the first strike.

4. Scheduling of Neutral Members of the System Boards

a. In September of each year the Company and the Association shall schedule mutually agreeable dates on which the neutral members of the System Boards shall conduct System Board proceedings during the following calendar year. The slotting of neutral members into the scheduled dates shall be done by mutual agreement. If by September 20 of each year, the parties have been unable to agree upon such slotting, then on the first business day thereafter, the parties shall meet to determine such slotting by drawing the panel members’ names (first draw determined by coin toss) and slotting them in the order drawn.

b. If necessary, additional dates for System Board proceedings will be scheduled by mutual agreement of the Company and the Association.

a. Bilateral

The Association and the Company may, by mutual agreement, remove an arbitrator from a panel(s). Within 30 days after the arbitrator’s removal, the parties shall meet to determine whether the vacancy should be filled or left vacant. If either party wishes to fill the vacancy, then the following shall apply:

(a) If a single arbitrator appeared on both exchanged lists, such arbitrator shall be accepted as a member of the panel.

(b) If more than one arbitrator appeared on both exchanged lists, the replacement arbitrator shall be selected by an alternative strike method among the arbitrators appearing on both lists, with a coin toss to determine which party has the first strike.

(c) If no arbitrator appeared on both lists, the parties shall determine whether either party is willing to accept an arbitrator from the other party’s list. If a mutually acceptable arbitrator is found, such arbitrator shall be impaneled. If not, then the parties shall use the process described in Section 21.E.2.c.iii.(a) through (c) to fill the vacancy.

b. Unilateral

Each party shall have the opportunity to remove a total of three arbitrators during the term of the Agreement, but no more than one in any period of 12 months. A party exercising a unilateral removal shall inform the other party, in writing, of its removal.

i. The arbitrator shall be considered removed as of the date of the notice of removal, provided, however, that a System Board for which an appeal has been filed shall continue to retain jurisdiction over the dispute(s).

ii. If the removed arbitrator originally appeared on both parties’ list, then his replacement shall be accomplished as provided in Section 21.E.5.a.i. and ii.

iii. If the removed arbitrator originally appeared only on one party’s list, then, within 30 days following the removal, that party shall submit a list of 7 arbitrators. Within 15 days following receipt of the list, the parties shall determine whether there is a mutually acceptable arbitrator. If not, then the parties shall use the process described in Section 21.E.2.c.iii.(a) through (c) to fill the vacancy.

6. Unless otherwise agreed, all arbitrators, whether on lists submitted by the parties or obtained from the NMB, shall be members of the National Academy of Arbitrators experienced in airline arbitrations.

F. General Provisions

1. Time limits and meeting dates may be modified, orally or in writing, by mutual agreement of the parties. Oral agreements shall be confirmed in writing as soon as practicable. Requests for modifications shall not be unreasonably denied. When any appeal to the System Board is not requested within the respective time limits prescribed herein, including any extension mutually agreed upon, the decision of the Company shall be final and binding.

2. For purposes of Section 21, if a time limit is 15 days or less, the term “day” means business day. If a time limit is more than 15 days, the term “day” means calendar day. In any event, if the last day of a time limit falls on a weekend, or on a Corporate or ALPA Holiday (currently including New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day and the following Friday, Christmas, or the day on which such holiday is observed by the Company or ALPA), the time limit shall be extended through the first business day following the weekend or holiday. The parties shall inform each other expeditiously of any changes in Corporate or ALPA holidays.

3. The Association, the Company and, if applicable, the individual grievant pilot are parties to all System Board proceedings.

4. Every participant in System Board proceedings shall be free to discharge his duty without fear of retaliation by the Association or the Company. No participant shall be coerced or harassed by the Association or the Company.

5. The reasonable expenses and fees of neutral members and any line pilot witnesses summoned by the System Board, and the cost of facilities selected for System Board proceedings shall be borne equally by the Company and the Association. A party may order a transcript or other record of a System Board proceeding. A copy of such record shall be made available to a party upon request, provided the requesting party agrees to pay a pro-rata share of the cost of making such record. All other costs associated with System Board proceedings, including, but not limited to, expenses and, if applicable, flight pay loss for line pilot witnesses called by any party, shall be borne by the party who called the witness or otherwise incurred the expense.

6. If applicable, a schedule for submission of post-hearing briefs shall be established immediately prior to the close of the hearing.

7. Proceedings of the System Board shall be conducted at locations selected by agreement of the Company and the Association. In making such selections, the Company and the Association shall endeavor to minimize costs. In the absence of an agreement, proceedings shall be conducted in Memphis, Tennessee.

8. The grievant(s) and a reasonable number of witnesses and Association representatives involved in the resolution of disputes pursuant to this Section may be released from Company duty pursuant to the provisions of Section 18 of this Agreement. The arbitrator hearing the underlying dispute shall resolve disputes regarding whether the number of Grievants and witnesses to be released from Company duty is disruptive to Company operations. The Parties shall present the issue to the arbitrator so that the System Board hearing on the underlying dispute is not delayed by disputes regarding the number of grievants or witnesses to be released from Company duty. Pilots participating as a witness, representative or member in a System Board proceeding shall be authorized round trip business jumpseat status to prepare for and attend such proceeding.

9. Delivery of all notices, decisions and appeals pursuant to Section 21, and any other documentation pursuant to Section 21 shall be made by Federal Express Overnight Letter, by certified mail, return receipt requested, in person, by facsimile transmission, Company electronic mail, or by other methods which provide verification of receipt. Such correspondence shall be sent to the pilot’s Company electronic mail address and the pilot’s permanent primary address. A pilot shall be deemed to have received notice upon the earlier of the pilot’s actual receipt of notice or 20 days after the transmission of the electronic mail message. Such correspondence shall also be sent to the FedEx MEC Representation Department, and the FedEx MEC Grievance Committee Chairman. Whenever a party sends correspondence or other documentation to an arbitrator related to a case under this Section, the other party shall be copied on such correspondence or documentation using the same delivery method by which the arbitrator was sent his copy. Correspondence by email is acceptable among System Board members unless the neutral provides otherwise.

10. By mutual agreement between the Company and the Association, a neutral from the disciplinary panel may hear a non-disciplinary case, and vice versa.

11. At any System Board proceeding, the Company and ALPA may be represented, respectively, by an employee or agent of the Company or a representative or agent of ALPA.

12. System Board Awards

a. If a System Board Member dissents from an award issued by the majority of the System Board, the dissenting Member may submit a written dissent within 30 days of the majority’s execution of the award, which shall be attached to the award.

b. If a System Board Member dissents from an award issued by the majority of the System Board and has not executed the award within 30 days after the award is executed by a majority of the System Board, the majority’s award shall be final and binding without the dissenting Member’s signature.

Section 22: Seniority

A. Federal Express Pilots’ Master Seniority List

1. The Federal Express Pilots’ Master Seniority List (referred to throughout this Agreement as the Master Seniority List), containing the name of each pilot and his relative placement on the list, shall continue to be maintained. The list will include both pilot and engineer seniority numbers. The list shall be brought up to date as of July 1 of each year and will be posted within 30 days thereafter. The effective date shall appear on the list.

2. The seniority of a pilot employed on or after May 31, 1999 shall accrue from his date of hire. When 2 or more pilots have the same date of hire, those pilots shall be placed on the Master Seniority List in order of the last four digits of their social security numbers with the pilot having the highest last four digits of his social security number receiving the more senior placement on the list. If 2 or more pilots have the same date of hire and have the same last four social security digits, their relative placement on the Master Seniority List shall be determined by drawing lots.

B. Seniority Accrual and Application

a. Retirement.

b. Resignation.

c. Termination for just cause pursuant to Section 19, 20, and 21.

i. The seniority list will include a terminated pilot’s name until his termination is final, inclusive of System Board proceedings, if any. A terminated pilot’s inclusion on the seniority list does not confer any rights of employment whatsoever.

ii. Section 20 is included because terminations that result from the application of Section 11 (Training) due to training failures give rise to contractual as opposed to disciplinary grievances.

h. Rejecting an offer of retirement under Section 23.A.2.c.

2. Except as otherwise provided in this Agreement, seniority shall govern all pilots in cases of System Bids, bid period schedule awards, vacation awards, ITU training schedules pursuant to Section 24, and retention in case of furlough and recall pursuant to Section 23.

C. [Reserved]

D. Protests of Master Seniority List

1. The Master Seniority List as of April 1, 2015, is considered inviolate. Challenges related to such arising from facts and circumstances occurring after April 1, 2015, however, are subject to Section 20 as follows:

a. Challenges relating to any subsequently published list must be filed on or before March 31 of the year in which the subsequent list is published.

b. An alleged error(s) on an annually updated Master Seniority List not grieved by March 31 of the year following the year in which the list is published is not grievable at any time in the future.

c. A pilot who is on leave of absence, vacation, sick leave or is not engaged in active employment with the Company at the time an annually updated Master Seniority List is posted, may file a grievance concerning an alleged error on the most recently published list provided he does so before the earlier of:

i. 30 days following his receipt of the updated Master Seniority List; or

ii. 30 days following his return to active pilot employment.

d. The Company may correct typographical or clerical errors on the Master Seniority List any time during the year. The Company shall notify the Association in writing of any corrections.

E. Probationary Pilots

2. Notwithstanding the provisions of Section 22.E.1., a probationary pilot is subject to the provisions of Section 23.

Section 23: Furlough and Recall

A. Furlough

a. No furlough shall occur prior to the application of Sections 4.A.2.b. and c.

a. If the pilot is assigned from his current crew position and, as a result of his restriction, he is ineligible to be awarded or assigned any other crew position, the pilot may be furloughed.

3. A pilot who is on furlough shall file with the flight personnel department his current mailing address to be used in the event of recall. A pilot shall advise that department in writing of any change in his address.

4. A furloughed pilot shall retain all longevity and seniority accrued prior to furlough and shall continue to accrue longevity for a period of 3 years. A furloughed pilot shall retain and continue to accrue seniority for a period of 7 continuous years.

5. A furloughed pilot shall retain his regular and disability sick accounts in accordance with the provisions of Section 14.A.3.

6. A furloughed pilot shall be compensated for any earned and accrued vacation that is unused as of the date of furlough.

7. The continuation of a pilot’s benefits beyond his furlough date shall be governed by applicable state or federal laws except that a pilot shall continue to be eligible for Company related insurance programs for the period, if any, during which he is entitled to receive furlough pay as provided in Section 23.E.

8. The Company shall notify the Association in writing if it anticipates a furlough or a recall. Upon written request, the Company shall meet and consult with the Association concerning possible adjustments to provisions of this Agreement (e.g., construction of bid period schedules and reducing or eliminating volunteer and draft flying) that may avoid or mitigate the effects of a furlough.

9. A furloughed pilot shall continue to be eligible for employee reduced rate shipping privileges and Company jumpseat privileges, as provided in Section 26, for the period during which he is entitled to receive furlough pay. A furloughed pilot will continue to have access to E-mail, VIPS and IMS for the period during which he is entitled to receive furlough pay. During any period when there are pilots on furlough, the Company shall send the Association a copy of the Career Opportunities Postings, and each update. A furloughed pilot may coordinate with his last flight manager if he desires to apply for any Company positions.

10. Recall shall be offered to all pilots on furlough prior to the employment of a new hire pilot, except as provided in Section 23.A.2.b.

11. There shall be no volunteer flying in any crew status while any pilot is on furlough. The Company does not intend to rely on draft flying in order to avoid a recall.

B. Recall

2. Furloughed pilots shall be notified of recall in writing (e.g., Federal Express Overnight Letter) with a copy sent to the Association. The notice shall allow the pilot at least 30 days to report for duty. The pilot shall respond in writing (e.g., Federal Express Overnight Letter) within 14 calendar days following his receipt of the recall notice, and state whether he will accept recall.

3. A pilot recalled from furlough shall be returned to the payroll on the day he resumes active employment. Prior to his activation in a crew status, the hourly rate of pay for a pilot who is recalled shall be the current hourly rate for the last crew status held by the pilot prior to his furlough; provided, however, that if that crew status no longer exists, the pilot’s hourly rate of pay prior to activation shall be the hourly rate for the crew status to which the pilot has been recalled.

a. If the pilot was on disability at the time of furlough, his eligibility for disability benefits shall be governed by Section 27.

b. If the pilot was on sick leave at the time of furlough he shall not be entitled to sick leave until after he has returned to an active pay status; provided, however that if the pilot would otherwise be entitled to sick leave based on the same injury or illness that caused him to be on sick leave at the time of furlough, he may re-enter sick leave upon recall.

c. If the pilot was not on sick leave at the time of furlough, he shall not be entitled to sick leave until after he has returned to an active pay status.

d. If the pilot does not qualify for sick leave or disability, he shall be placed in a medical leave of absence.

e. For purposes of Section 22.B.1.d., the pilot shall be considered as having returned to a flying position.

6. Even if no junior pilot remains on furlough, a pilot may decline recall and remain on furlough for the duration of any individual contract of employment, not to exceed 24 months, to which he is a party at the time of his recall. The pilot shall provide the Company a copy of his contract of employment.

7. A pilot’s election to decline recall and remain on furlough in accordance with Section 23.B.4. or 5. shall not extend the period of 7 years referred to in Section 22.B.1.g.

8. A pilot who is recalled from furlough shall be guaranteed at least 6 bid periods of active pilot employment following recall.

The Company may, at its option, elect to avoid or mitigate a furlough by offering pilots or a specific group of pilots (using age or seniority, unless the Association consents to an alternate selection criteria) voluntary early retirement and/or severance package. If made to a specific group of pilots, any offer shall be made on a uniform and non-discriminatory basis. The Company shall notify, meet and consult with the Association prior to making any offer pursuant to this paragraph.

D. Non-Flying Employment Opportunities

A pilot to whom a furlough notice has been issued may compete for available non-flying employment with the Company for which he is qualified for a period of 90 days following the effective date of his furlough or until expiration of the period, if any, during which the pilot is entitled to receive furlough pay, whichever is later. If a pilot is offered and accepts non-flying employment, his pay, working conditions and benefits, including any relocation benefits, shall be determined by Company policies pertinent to that position. A furloughed pilot may not work in a non-flying position with the Company at the same time that he is receiving furlough pay as provided in Section 23.E.1. If mutually acceptable to the pilot and the Company, however, such pilot may waive all or a portion of his furlough pay in order to begin his non-flying employment sooner.

LONGEVITY AS A PILOT FURLOUGH PAY (BID PERIODS)
Less than 1 year 0
1 years but less than 3 1.0
3 years but less than 4 1.5
4 years but less than 5 2.0
5 years but less than 6 2.5
6 years but less than 7 3.0
7 years but less than 10 3.5
More than 10 years 4.5

A furloughed pilot must return his Company identification badge in order to receive furlough pay. Additionally, furloughed pilots must update their current contact information to ensure proper delivery of Company information, including recall notices.

3. If a pilot receiving furlough pay is recalled, his furlough pay shall terminate on the date he resumes active employment. However, if the pilot has elected reduced payments in accordance with Section 23.E.2., he shall receive 60 hours of furlough pay per bid period, on a pro-rated basis, if applicable, for the period he was on furlough, not to exceed the maximum furlough pay to which the pilot was entitled pursuant to Section 23.E.1.

4. If a furloughed pilot is on leave of absence on the effective date of furlough, his furlough pay, if any, shall be based on his scheduled or actual return from leave of absence, whichever is later. His furlough pay shall be reduced by a prorated amount for each day he was on leave of absence (or scheduled to be on leave of absence) after the effective date of the furlough.

5. A furloughed pilot who is entitled to reimbursement of expenses under the Agreement shall submit the documentation required for reimbursement to the Company within 30 days of the date when the pilot incurred the reimbursable expense.

Section 24: Filling of Crew Positions

A. General

1. All crew positions shall be awarded or assigned pursuant to a System Bid conducted in accordance with the provisions of this Section, except as provided otherwise in this Agreement.

2. An eligible pilot’s actual or notional crew position (i.e., base, aircraft and seat) shall be determined by his seniority and standing bid.

b. If a pilot does not possess the requisite certifications as described in Section 24.A.3.a., he may be removed from that award/assignment and, if removed, shall remain in his current crew position.

4. Standing Bid

b. A pilot may update the standing bid at any time. The standing bid format shall provide a method for percentage bidding on crew positions in 5% increments, measured as a function of each crew position’s Minimum Staffing Level.

c. Changes to standing bids shall be submitted through the Company’s appropriate electronic system (currently VIPS).

5. A pilot awarded or assigned a new crew position shall not relinquish his current crew position until he has been activated into his new crew position.

a. If the pilot has been awarded/assigned a training start date and his activation is delayed owing to his performance or unavailability (e.g., leave of absence, sick leave), then the pilot will begin to earn the lower hourly rate of pay 90 days following the pilot’s awarded/assigned training start date, unless his actual activation is sooner.

b. If the pilot has not been awarded/assigned a training start date, then the pilot will begin to earn the lower hourly rate of pay 90 days following the training start date the pilot would have been assigned but for his unavailability.

Nothing in this paragraph shall be construed as a means to pay credit hours, earned by a pilot while operating flight activities, at an hourly rate lower than that rate associated with the aircraft he operated.

6. Once a pilot commences Initial, Transition, or Upgrade (ITU) training, 24-Requalification (24-Requal), 24-Downbid training, or 24-Differences
training, he may not perform flight duties in his current crew status,
except as follows:

a. The pilot is returned to his current crew position due to withdrawal from training, or as a result of a training failure; or

b. The pilot’s illness, injury or other absence(s) causes an unscheduled interruption to his training which then results in a decision to return to his current crew position; or

c. Whenever unscheduled training interruptions are caused by natural disasters, emergencies, prolonged mechanical malfunctions or extended periods of unavailability of training equipment anticipated to last in excess of 21 days.

7. A pilot may be released from an award or assignment only in extenuating circumstances by the Vice President, Flight Operations.

1. Notification of a System Bid shall be communicated to pilots through the appropriate Flight Crew Information File (FCIF). Notification that an active System Bid exists shall be available through the Company’s appropriate electronic system (currently the PFC website).

2. The posting of a System Bid shall contain at least the following information:

a. For each crew position:

i. The Current Staffing Level;

ii. The Minimum Staffing Level; and

iii. The Maximum Staffing Level.

b. System seniority numbers of the most senior and the most junior pilots:

i. Currently awarded/assigned each crew position; and

ii. Currently activated in each crew position.

c. Dates and times on which the System Bid opens and closes.

d. To the extent known, information as to when training related to that System Bid is projected to begin, along with the anticipated training footprint for each ITU type, and anticipated range of monthly training throughput by crew position.

e. Required certificates for each crew position as described in Section 24.A.3.

f. Additional information as appropriate.

3. Each System Bid shall be published and remain available for bidding for a minimum of 14 days. A System Bid that includes crew positions at a new base (including FDAs) shall be published and remain available for bidding for a minimum of 28 days.

4. The Company shall publish at least one practice bid award between 7 days and 3 days prior to the closing of any System Bid. The results of a practice bid(s) shall be communicated to pilots through the Company’s appropriate electronic system (currently the PFC website) no later than 24 hours after the closing of the practice bid.

5. The published results of a System Bid (as provided in Section 24.C.1.) shall be available in the Company’s appropriate electronic system (currently the PFC website) for a minimum of 7 years.

6. A System Bid may not be amended after it is published, but its closing date may be extended after consultation with ALPA. The Company may, however, cancel any System Bid prior to its closing.

7. A System Bid must close, or be canceled, prior to the opening of another System Bid.

8. For the purposes of a System Bid, a pilot shall bid from his currently awarded/assigned crew position. However, a pilot who is assigned from a crew position into which he never activated and to a crew position in the same geographic location as the base associated with his current crew position will not be eligible for the relocation benefits described in Section 6.A.2. (Assignment).

9. For the purposes of a System Bid, any award for an FDA pilot, who has not yet met his applicable FDA commitment period when the System Bid closes, shall be a notional award.

10. For the purposes of a System Bid, any award/assignment for a pilot in pay only sick status when the System Bid closes shall be a notional award/assignment.

a. Names, employee numbers, and seniority numbers of pilots receiving an award or assignment and the crew position awarded or assigned;

b. Designation of any awards based on an Assignment Right of Return (ARR);

c. Anticipated start date for the first training start date in each crew position, along with anticipated range of monthly training throughput for each crew position (Example: 57CM – First TRN Start Date January, 2012 – 6 to 12 per month); and

d. Miscellaneous additional information.

a. For each crew position for which the Dynamic Staffing Level is less than the Minimum Staffing Level, a pilot will be awarded/assigned such crew position according to his standing bid.

For each crew position for which the Dynamic Staffing Level is equal to or greater than the published Minimum Staffing Level, but less than the Maximum Staffing Level, a pilot will be awarded such crew position according to his standing bid, provided that:

i. The pilot’s currently awarded/assigned crew position is overstaffed (i.e., Dynamic > Maximum); and

ii. The pilot is senior to the most junior pilot (in the “TO” crew position) not subject to assignment.

c. For each crew position for which the Dynamic Staffing Level is greater than or equal to the Maximum Staffing Level (i.e., overstaffed, or staffed to its limit, respectively), the following will apply:

(1) is imminently subject to assignment, and

A crew position awarded pursuant to Section 24.C.2.c.i.(b) shall be considered a Stand In Bid Award

ii. A pilot who is subject to assignment, and who is not assigned in accordance with Sections 24.C.2.a., b., or c.i., will be assigned to a different crew position as follows:

(b) If the pilot cannot hold any crew position as provided in Section 24.C.2.c.ii.(a), he will be assigned to the most junior held, U.S.-based crew position regardless of the Maximum Staffing Level.

i. A pilot shall have a right of return to the crew position(s) from which he was assigned, beginning upon his activation date into the crew position to which he was assigned, and ending 18 months thereafter.

ii. On each subsequent, open System Bid (following a pilot’s assignment) during the 18 month period, a pilot may exercise his ARR by listing the applicable crew position(s) in his standing bid above his currently awarded/assigned crew position, at 100%, until the pilot is no longer eligible for any ARR.

(a) If the pilot does not exercise an ARR for which he is eligible, or he is awarded a crew position which he listed higher in his standing bid than the applicable ARR crew position(s), the ARR is permanently forfeited.

(b) If a pilot elects to exercise an ARR, the crew position(s) from which he was previously assigned shall be considered in seniority order among only other pilots exercising an ARR to that same crew position, prior to the consideration of any pilots without ARR eligibility, and provided that the Dynamic Staffing Level in that crew position(s) is less than the Maximum Staffing Level.

(1) If a System Bid results in a pilot being awarded an ARR crew position, his ARR ends.

(2) If the pilot is not awarded the crew position via the exercise of an ARR, his remaining standing bid shall be considered as otherwise provided in Section 24.C.2.

3. FDA Crew Positions

a. No pilot may be assigned to an FDA crew position unless the pilot includes the FDA crew position in his standing bid in accordance with Section 24.C.2.c.i.(a). If no pilot on the Master Seniority List expresses a preference by standing bid for an FDA crew position, the Company may hire a pilot into it in accordance with <Section 24.C.2.d.

b. All pilots awarded or assigned to an FDA are fully covered by all provisions of this Agreement.

c. A pilot awarded from an FDA, who has not yet met his applicable FDA commitment period, shall receive a notional award and is not eligible to bid on training or base transfer activation (BTA) dates. The Company shall notify the pilot of an assigned training start or BTA date. Such date shall be at least 60 days after the date on which the Company’s notification was posted, and no later than 60 days beyond the fulfillment of the pilot’s minimum FDA commitment period. Exercise of this provision will not create any SDP entitlement for any pilot. Following notification, the date may not be changed without the consent of the pilot.

d. A pilot assigned from an FDA may elect to hold required training, or a base transfer activation (BTA), in abeyance until the fulfillment of his minimum FDA commitment period, if any, provided the FDA is not being closed prior to the end of such commitment period. This election shall be by written notification to the Crew Staffing department within 10 days following the publication of the applicable System Bid results, as described in Section 24.C.1. If the pilot elects to hold the training or BTA in abeyance, he will not be in the applicable pool for BTA or ITU bidding. The Company shall notify the pilot of an assigned training start or BTA date. Such date shall be at least 60 days after the date on which the Company’s notification was posted, and no later than 60 days beyond the fulfillment of the pilot’s minimum FDA commitment period. Exercise of this provision will not create any SDP entitlement for any pilot. Following notification, the date may not be changed without the consent of the pilot.

4. [Reserved]

5. A pilot released from his currently awarded or assigned crew position in accordance with other provisions of this Agreement shall remain in his current crew position. If the pilot’s current crew position is unavailable for reasons identified in Section 11.J.4., his crew position shall be determined as provided in Section 11.J.5.

D. Training/Activation Procedures

1. Except for pilots who are not eligible to participate in a monthly training bid (or BTA bid), System Bids shall be trained (e.g., training slot awards/assignments, denials, BTA awards/assignments) to each crew position’s conclusion, prior to commencing any training in such crew position based upon a subsequent System Bid. Training Bids for two or more separate System Bids may run concurrent for one bid period, as training for the crew position from one System Bid concludes, and the training for the same crew position from another System Bid commences.

a. If the pilot could have held the superseding crew position on the System Bid from which his prior award/assignment resulted, then he shall immediately be eligible for training slot awards/assignment from among currently available training slots.

b. If the pilot could not have held the superseding crew position on the System Bid from which his prior award/assignment resulted, then the award/assignment of his training slot for the superseding crew position shall be handled in accordance with Section 24.D.4.

3. Notwithstanding Section 24.D.2., a pilot who has already begun to train for his prior award/assignment must activate prior to being awarded/assigned to a training or BTA date for his superseding award.

i. Training start dates for all known training slots eligible to be bid upon and beginning in the applicable bid period;

Example: Prior to the opening of the monthly bid for the November bid period, the pilot shall be afforded the opportunity to bid for training that begins in the November bid period.

ii. The number of training slots available for each of the four training types (i.e., Initial/Transition/Upgrade (ITU), 24-Requal, 24-Downbid, and 24-Differences) for each training start date;

iv. A closing date for the Training Bid, which shall be at least 168 hours after its publication.

i. A pilot desiring to begin training in the upcoming bid period, on any of the available dates listed, shall submit a training bid; if no training bid is submitted, he is deemed to have not bid for any of those dates.

ii. Except as provided in Section 24.D.4.b.iii. through viii., pilots will be awarded to training slots in seniority order. Pilots requiring Initial, Transition, or Upgrade training may only bid for an ITU training slot (an ITU training slot is considered one training type). Pilots requiring only a 24-Requal may only bid for a 24-Requal training slot. Pilots requiring only a 24-Downbid may only bid for a 24-Downbid slot. Pilots requiring only 24-Differences training may only bid for a 24-Differences slot.

iv. Denial of Training Slots

(1) Staffing needs in the “FROM” crew position;

(2) Regulated age considerations;

(3) The Company’s desired syllabus type for a given training slot does not satisfy the pilot’s minimum required training syllabus type; or

(4) New hire training requirements.

(b) A pilot who is denied a training slot award shall be entitled to Slot Denial Payment(s) (SDP) in accordance with Section 24.E.

(c) The denied training slot shall be awarded to the next eligible, junior pilot(s) who bid for that slot, except when he is also denied by operation of Section 24.D.4.b.iv.(a). If there are no remaining junior pilot(s), that training slot shall be considered unfilled.

(a) Trips in conflict with the 48 hour duty free buffer shall be removed. The pilot shall earn trip guarantee for the trip, and shall be eligible for substitution for that portion of the trip’s footprint not in conflict with the 48 hour duty free buffer.

(b) R-days in conflict with the 48 hour duty free buffer shall be removed, and the credit hour value of such R-days shall be credited toward the pilot’s leveling and RLG.

vi. [Reserved]

vii. If a pilot is inversely assigned to a training slot as the result of a more junior, eligible pilot being bypassed as provided in Section 24.D.4.b.v., he shall be eligible for inverse SDP, in accordance with Section 24.E.8.

viii. If the Company elects not to inversely award a training slot, or an awarded/assigned training slot becomes vacant, the Company may use the slot to qualify a pilot who is otherwise available to fly but for his lack of qualification, including but not limited to, pilots returning from leaves of absence, LTD, and pilots who have experienced training failures. If no such pilot exists, then the slot may be used to train new hires and/or Flight Training Personnel (e.g., Instructor Pilots, PCAs, non-pilot instructors). Thereafter, the Company may offer any remaining unused training slot(s) to pilots who do not have an awarded/assigned training slot (in seniority order among the pilots who bid for training that month, then among all remaining pilots who do not have an awarded/assigned training slot).

ix. The Training Bid awards, denials, and assignments shall be published no later than the opening of the monthly bid.

c. Pre-Bid Period Package Training Bid

If the Company desires to begin training prior to the Training Bid as provided in Section 24.D.4.a., the Company shall provide the ability for pilots to bid and be awarded training dates as follows:

i. The Company shall announce any Pre-Bid Period Package Training Bid via FCIF. The FCIF shall include:

(a) Training start dates that shall not begin less than 14 days after the close of the System Bid;

(b) The number of training slots available for each of the four training types (i.e., Initial/Transition/Upgrade, 24-Requal, 24-Downbid, and 24-Differences), for each training start date;

(d) A closing date for the Pre-Bid Period Package Training Bid, which shall be no less than 5 days after the date on which the FCIF is issued.

5. Award/Assignment of Base Transfer Activation (BTA) Dates

Pilots who are awarded or assigned to a crew position on a System Bid but do not require training shall be pooled in their “TO” crew position.

a. Separate and apart from the Training Bid, the Company shall also conduct a single BTA bid (i.e., not monthly). Such bid will include a list of all available BTA dates applicable to the most recent System Bid’s awards/assignments, with the awarded/assigned BTA dates handled in accordance with Section 25.C.6.

b. Among pilots who submit a BTA bid with a sufficient number of choices, for each “TO” crew position, those will be awarded a BTA date in system seniority order.

c. Among pilots who submit a BTA bid with an insufficient number of choices, for each “TO” crew position, as well as those pilots who submit no BTA bid, they will be assigned BTA dates as follows:

ii. For pilots who were assigned the crew position to which their base transfer applies, BTA dates will be assigned in inverse seniority order, beginning with the first available BTA date from among those BTA dates remaining unawarded after the application of Section 24.D.5.c.i.

Training for a pilot who received a crew position award/assignment (whether notional or actual) on a System Bid, and who is returning from a pay only sick status, shall be handled as follows:

a. If the System Bid on which the pilot received his crew position award/assignment has been trained to completion, the pilot shall be assigned to start training within 60 days of his return from sick status.

b. If the System Bid on which the pilot received his crew position award/assignment has not been trained to completion and if he does not require full requalification training (i.e., training with a footprint similar to ITU) or 24-Requal in his current crew position upon his return from sick status, the pilot shall be eligible to bid for and/or be assigned to training dates (for his awarded/assigned crew position).

c. If the System Bid on which the pilot received his crew position award/assignment has not been trained to completion and if he requires full requalification training (i.e., training with a footprint similar to ITU) in his current crew position upon his return from sick status, the pilot shall be assigned to start training for his awarded/assigned crew position within 60 days of his return from sick status.

d. If the System Bid on which the pilot received his crew position award/assignment has not been trained to completion and if the pilot requires 24-Requal training in his current crew position upon his return from sick status:

i. the pilot will be assigned to start training for his awarded/assigned crew position within 60 days of his return from sick status if a junior pilot in the case of a crew position award (or a senior pilot in the case of a crew position assignment) has been awarded/assigned a training date.

ii. the pilot will be assigned to start 24-requal training within 60 days of his return from sick status if a junior pilot in the case of a crew position award (or a senior pilot in the case of a crew position assignment) has not been awarded/assigned a training date. Such pilot shall be eligible to bid for and/or be assigned to training dates (for his awarded/assigned crew position) following completion of his 24-Requal training.

e. If the pilot’s crew position award/assignment requires a BTA but the pilot requires requalification training in his current crew position, he will be assigned to start requalification training within 60 days of his return from sick status. His BTA shall be effective on the first day of the first full bid period following the completion of requalification training.

If the pilot’s crew position award/assignment requires a BTA but the pilot does not require requalification training in his current crew position, his BTA shall be effective on the first day of the first full bid period following his return from sick status.

b. The Company may bypass a pilot for a training slot assignment if that pilot is within 24 months of the regulated age, as of the training start date associated with the slot he would otherwise have been assigned.

c. No later than the close of the applicable Training Bid, the Company shall post a notification to any pilot who is denied a training slot award due to regulated age. The denied pilot shall not appear on subsequent Training Bids under Section 24.D.4.a.iii. or D.4.c.i.(c).

e. If the regulated age is raised after a pilot has been denied a training slot in accordance with Section 24.D.7.a., and as a result his age is no longer within 24 months of the new regulated age (measured using the same standard as in Section 24.D.7.a.), he shall elect to either:

i. Forgo the award, in which case his eligibility for Regulated Age SDP shall cease immediately (i.e., no SDP will be paid to the pilot after the date on which he makes this election); or

ii. Enter into the Training Bid procedures as provided in Section 24.D.4.a. and b.

f. Once a pilot is eligible for Regulated Age SDP based on the highest Captain hourly rate, he will not, on subsequent System Bids, be awarded any crew positions that are also restricted by regulated age, except as provided in Section 24.D.7.g.

h. A pilot who is eligible for Regulated Age SDP may be assigned to a training date for the crew position upon which his Regulated Age SDP is based, if he can no longer hold his current crew position.

4. In subsequent bid period(s), if a pilot (except for a pilot described by Section 24.E.2. or 3.):

a. does not bid for a training slot to begin ITU training during that bid period(s), and he would have been awarded a training slot, he shall not be entitled to an SDP for that bid period(s); or

b. is not an Eligible Pilot (for Training/BTA Bid), he shall not be entitled to an SDP for that bid period(s).

5. The SDP shall be paid in the monthly payroll cycle as described in Section 3.E.1.

6. Only one pilot will be eligible for continuous SDP, per training slot. However, there may also be a single SDP associated with that same training slot, as provided in Section 24.E.2.

7. Slot Denial Payment (SDP) shall be paid in the following dollar amounts:

CURRENT CREW POSITION DENIED TRAINING DATE AWARD COMPENSATION
NB FO WB FO $3,000
NB CA $6,000
WB CA $9,000
WB FO NB CA $3,500
WB CA $6,500
NB CA WB CA $3,000
Lateral and “Single”* Any $750

* ”Single” refers to 24.E.2., i.e., not the “continuous” SDP.

CURRENT CREW POSITION INVERSED TO TRAINING FOR: COMPENSATION
WB FO NB FO $9,000
NB CA $18,000
WB CA $27,000
NB CA WB FO $10,500
WB CA $19,500
WB CA NB CA $9,000
Any Lateral or “Up” $2,250

Chart values in Paragraphs 24.E.7. and 8. (other than “Lateral or Up” or “Singles”) increase commensurate with hourly rate increases, beginning with the first hourly rate increase beyond November 2, 2015.

9. Except as provided in 24.E.3. and 4., SDP shall cease on the earlier of a pilot’s:

a. training commencement month;

b. award/assignment to a different crew position than that from which the SDP resulted;

c. withdrawal from training; or

d. unavailability for his subsequently awarded training slot.

10. Repayment of SDP and Inverse SDP, from pilots who do not activate in the crew position for which the SDP or Inverse SDP was paid, shall be exclusively limited to withdrawals from training (other than withdrawals accomplished in accordance with Section 11.J.2.a.).

F. Other Crew Position Award Procedures

A pilot may receive a crew position award, based on a down/lateral bid, provided that he:

a. is bidding to an FDA;

b. is returning from an FDA after fulfilling his commitment period;

c. is bidding to a new aircraft within the first 24 months following the closing date of the first System Bid that included awards/assignments in that new aircraft;

d. can no longer hold his crew status due to legal restrictions; or

i. 24 months, if this will be his first awarded crew position based on a down/lateral bid;

ii. 36 months, if this will be his second or third awarded crew position based on a down/lateral bid;

iii. 60 months, if this will be his fourth or subsequently awarded crew position based on a down/lateral bid.

Note: At the date of implementation of the new System Bid system, pilots will be considered to have zero DLBA awards (i.e., the first DLBA will be measured at the close of the first “new” System Bid).

2. For the purposes of Section 24.F.1.e., previous down/lateral awards pursuant to Sections 24.F.1.a., b., or d. shall not be considered.

3. Bidding Restrictions on Subsequent System Bids

During the time a pilot is in ITU training, the pilot shall not be awarded a crew status that he could have been awarded on the System Bid containing the crew position for which he presently is in training, or on a subsequent System Bid that closed prior to the start of his training.

4. [Reserved]

5. [Reserved]

6. New Hire Crew Positions

b. If the Company hires fewer pilots than are needed to fill all crew positions up to the Minimum Staffing Level, the Company may designate the crew positions to be made available for bidding by only the affected new hire pilots in accordance with Section 24.F.6.a.

e. If a new hire pilot changes his initial crew position pursuant to Section 24.F.6.c., the Company shall activate him at his new base consistent with the Company’s staffing requirements.

f. Except as provided in Section 6.E.1.c., a new hire pilot shall not become entitled to a relocation package pursuant to Section 6 as a result of the application of this paragraph.

a. be equal to the hourly rate of pay for the crew position in which a junior pilot is activated; and

b. begin on the date that a junior pilot, from the same or subsequent System Bid, activates into the crew position with the higher hourly rate of pay; and

c. continue until the earlier of:

i. his activation into a new, subsequently awarded or assigned crew position with a rate of pay the same or higher than his New Hire Junior Activation Compensation;

ii. his withdrawal or removal from training for a subsequently awarded or assigned crew position with a rate of pay the same or higher than his New Hire Junior Activation Compensation;

iii. the date he incurs a training cycle failure for a subsequently awarded or assigned crew position with a rate of pay the same or higher than his New Hire Junior Activation Compensation;

iv. the date as of which all available pilots have completed training (i.e., activated) for his new, subsequently awarded or assigned crew position, from the same System Bid, with a rate of pay the same or higher than his New Hire Junior Activation Compensation;

v. the date as of which there are no longer any junior pilots activated in the crew position that generated his New Hire Junior Activation Compensation eligibility;

vii. the date the next most senior available pilot (compared with the junior pilot identified in Section 24.F.7.c.vi.) is no longer activated in, or would no longer have been (if the standard in Section 24.F.7.c.vi. is applied) activated in, the crew position that generated the New Hire Junior Activation Compensation, if the junior pilot was not awarded a crew position on that subsequent System Bid (e.g., the junior pilot was on leave when the System Bid closed);

viii. the pilot’s award, on a subsequent System Bid, to another crew position with the same or lower rate of pay than the pilot’s currently awarded crew position; or

ix. the pilot’s failure to bid, at 100%, a crew position that the pilot could have been awarded, with a rate of pay the same or higher than the New Hire Junior Activation Compensation.

a. withdrew from training, before or after such training began, for a subsequently awarded or assigned crew position with a rate of pay the same or higher than his New Hire Junior Activation Compensation, other than as provided in Section 11.J.2.a.; or

b. [Reserved]

c. in a subsequent System Bid, received an award to a crew position with an hourly rate of pay lower than his currently awarded crew position; or

d. incurs a training cycle failure.

9. If a pilot entitled to New Hire Junior Activation Compensation in accordance with Section 24.F.6.d. requires additional training, his New Hire Junior Activation Compensation shall not accrue during the delay in training caused by his performance.

10. A pilot who has a legal restriction that prohibits him from flying in his current crew status shall be accommodated in another crew status, if any, from which he is not legally restricted consistent with his seniority and standing bid.

G. Certain Captain-Qualified Instructor Pilots/Check Airmen

The activation of an Instructor Pilot/Check Airman, who is already qualified in the Captain crew status to which he now holds an actual (non-notional) award, shall be as follows:

1. Such Instructor Pilot/Check Airman shall bid for ITU training slots along with all others awarded/assigned to the crew status;

3. He will then be activated on the first day of the bid period following that bid period in which his training would have begun (pursuant to Section 24.G.2.), had he required it.

H. Ongoing Implementation Measures

1. The parties recognize that the matters governed by Section 24 are complicated and that this new Section 24 requires significant changes to existing systems and practices. As a result, the parties foresee that flexibility will be required in order to ensure the smoothest possible transition to the new Section 24 rules. To that end, during the Transition Period, measures facilitating the implementation, operation, and/or administration of the provisions in Section 24 may be implemented if agreed upon in writing by the Vice President, Labor Relations and the Association’s MEC Chairman.

2. The Transition Period shall begin on the date the first System Bid conducted pursuant to Section 24.B. is posted and shall end 60 days after the second System Bid conducted pursuant to Section 24.B. has been trained to completion. In no event, however, shall the Transition Period be less than 18 months or greater than 30 months in duration.

Section 25: Scheduling

A. General

1. A bid period shall be either 4 weeks (28 days), 5 weeks (35 days), or 6 weeks (42 days; and with the consent of the Association’s MEC Chairman) in duration, as determined by the Company and shall be uniform system wide. Bid periods shall begin on Sunday or Monday.

2. The Company shall not change the start time of any local base day, except EUR, to any start time other than 0130 LBT without the consent of the Association. The Company shall not change the start time of the local EUR base day to any start time other than 0215 LBT without the consent of the Association.

3. All trips known and confirmed at the time a bid period package is published shall appear in the bid period package. To the extent reasonably practical, such trips shall be built into regular lines.

5. Days off are local base days scheduled free from duty at a pilot’s base.

6. Trips published in a bid period package that subsequently become available as open time shall remain in the same base during the bid period. Flying not published in a bid period package, including newly constructed trips as described in Section 25.G.5. (certain open time assignments), may be assigned by the Company to any base.

a. all bid awards and trips;

b. information related to open time as follows:

i. for trip assignment and trading, all open time in the current bid period (and in the next bid period after open time is released) shall be visible in “real time,” except during periods when:

(a) the daily assignment process is taking place;

(b) the system(s) is paused to allow manual processing functions; or

(c) the system(s) affecting open time administration is not running due to system maintenance, upgrades, etc.

ii. in crew positions for which trip assignment or trading automation is not functioning, trip pairings more than 40.5 hours prior to showtime shall be visible to pilots accessing the open time interface;

iii. a trip(s) may be frozen to allow assignment by CRS. When a trip is frozen, it will be visible, but displayed in a manner indicating that it is available only to CRS.

c. the pilot’s own work schedule and pay status;

e. other reserve information as provided in Section 25.A.8.; and

f. another pilot’s schedule, as long as the other pilot has opened his schedule to access.

a. the list of pilots arranged in leveling order by reserve period.

b. the available remaining block days of reserve for each pilot on the list.

c. the leveling hours of each listed pilot.

d. the accrued RLG hours for the bid period for each pilot.

e. the current activity or general availability/unavailability status of other reserves.

f. the assignment of utilized reserves.

g. special qualifications or restrictions attendant to a particular reserve.

h. the names of pilots on the reserve list unless the pilot has not opened his schedule to access.

9. [Reserved]

10. A trip will not be scheduled with any crew composition changes (i.e., basic, or augmented) during any duty period. An operational change of crew composition during a duty period shall not extend a pilot’s block hour or on-duty limitations.

B. Bid Period Package

1. The Company shall publish (electronically or otherwise, as provided in Section 25.B.3.) a bid period package for each base and, as necessary, a bid period supplemental package. At least one of these packages shall contain, at a minimum, the following information, current as of the publication date:

a. Trips that are known and confirmed as of the date the bid period package is published;

b. A base seniority list for the bid period package;

c. A list of vacations, with names and dates, scheduled for the current and the first week of the next bid period; the entire next month’s vacation schedule shall be available electronically;

d. A list of pilots eligible to bid for recurrent training;

e. Dates and times available for recurrent training;

f. VIPS telephone information;

g. Pilots bidding for pay only;

h. Hotel, travel, layover and communications updates;

i. Sweep aircraft information;

j. SIBA/SBA bidding information;

k. A calendar containing bidding dates and times for the current and subsequent bid period;

l. Standard miscellaneous forms pertaining to bidding and related matters;

m. Scheduled field (airport and hotel) standby, and base (airport and hotel) standby, if applicable;

n. Average days off for lines in that bid period;

2. The bid period package shall list the following line bidding choices:

a. Regular lines;

b. Secondary lines; and

c. Reserve lines.

C. Bidding Procedures (Monthly)

1. Bid(s) shall be entered through VIPS. If access to VIPS is not available, a pilot may enter his bids by other Company approved means, in writing if possible.

2. A pilot may complete a standing monthly bid in a format designated by the Company. A pilot may update his standing monthly bid at any time. If a pilot does not enter a bid for the bid period, or enters an insufficient number of bid choices, he shall be awarded a line based on his standing monthly bid.

3. If a pilot does not bid, fails to enter a sufficient number of bid choices, and either does not have a standing monthly bid or has a standing monthly bid with an insufficient number of choices, he shall be awarded a line by seniority order, and by numerical order of remaining lines, lowest number first after all pilots entering bids have been processed.

a. A First Officer shall not be awarded a regular line which, at the time of bid awards, would result in a violation of the FAR related to experience requirements (FAR 121.434, regarding minimum experience for Captain/First Officer combinations). In such case, the First Officer shall be awarded his next choice for which he is legal.

b. If any First Officer regular line cannot be awarded through the normal bid award process due to FAR experience requirements, such line shall be assigned to the most junior First Officer who is legal for the assignment.

c. If a pilot is awarded a regular line that would result in a violation of any FAR related to flight time limitations (e.g., FAR 121.471, 121.483, 121.485, 121.487), and there are multiple trips from which to choose which, if removed, would resolve the FAR conflict, the trip(s) with the lowest CH value shall be dropped as a phase-in conflict.

7. A pilot in active pay status who is projected to be unavailable for line flying in his current crew position for an entire bid period (e.g., due to training, Association business status or sick leave) shall bid a line for pay only.

a. A pilot awarded a secondary line in pay only status shall not be eligible for secondary line construction and shall be compensated the average bid period BLG for regular lines for his crew position.

b. [Reserved]

c. A bid line shall not be awarded to more than one pay only pilot.

8. If no bid period package is published for a crew position due to the absence of known and confirmed flying in such crew position, pilots holding such crew position shall not be awarded lines for the bid period and shall be paid the average scheduled BLG for regular lines, system-wide.

9. First Officers may submit to be awarded a line with designated Captains. Such submissions shall be accommodated to the extent permitted by this Agreement.

b. awarded a secondary line, with bidding preferences/priority as determined by the SIG/SLRWG; the pilot may not voluntarily use, toward his secondary line construction, standby trips, reserve blocks, or relief flight officer trips; or

c. awarded a reserve line, only if he cannot be awarded a regular or secondary line by seniority.

The awarding of a recurrent training session shall be as follows:

a. A pilot scheduled for recurrent training in the following bid period shall bid for a recurrent training session during the Bid Period Processing Conflict Input Window as provided in Section 25.E.2.

b. Bids shall be awarded during the Conflict Processing Window as described in Section 25.E.3., and a pilot shall be notified of the award prior to the opening of the View/Add Window as described in Section 25.E.4.

d. If a pilot cannot be awarded a recurrent training session based on his seniority as provided in Section 25.C.12.c., the following shall apply:

i. The assignment of his recurrent training shall be done after the award of all recurrent training slots that could be awarded based on seniority.

iii. If it is not possible to assign such pilot to a recurrent training session without conflicting with a known absence (e.g., vacation period, leave of absence, carry-out activities), the following shall apply:

(a) if the pilot is not in his grace month, then recurrent training will be deferred until the next bid period.

[Application Note: In certain pre and grace month situations, overlaps between calendar months and bid periods may restrict the recurrent training slots for which a pilot is eligible.]

e. The available sessions for First Officers may be modified (i.e., “rebalanced”), prior to awards based on the sessions awarded to pilots in higher seat positions (e.g., rebalancing of First Officer available sessions will be based on Captains’ awards).

a. Regular lines shall be constructed solely of trips and days off.

c. Regular lines in a 4-week bid period shall contain at least 1 block of 4 consecutive days off, 1 block of 3 consecutive days off and 1 block of 2 consecutive days off. Blocks of days off may be combined.

d. Regular lines in a 5-week bid period shall contain at least 1 block of 4 consecutive days off, 2 blocks of 3 consecutive days off and 1 block of 2 consecutive days off. Blocks of days off may be combined.

e. Regular lines in a 6-week bid period shall contain at least 1 block of 4 consecutive days off, 3 blocks of 3 consecutive days off, and 1 block of 2 consecutive days off. Blocks of days off may be combined.

a. A sufficient number of secondary lines shall be published to cover trips and reserve blocks anticipated to be dropped from regular and reserve lines, and other remaining open trips, reserve blocks, and base simulator support events.

c. For purposes of secondary line construction, an R-day does not conflict with another scheduled activity if there is at least 12 hours between the reserve period (RP) and the scheduled activity.

i. a secondary line containing multiple reserve blocks shall contain at least one day off between them;

ii. a secondary line containing a reserve block prior to a trip shall contain at least:

(a) 24 hours off (measured from the end of the last RP to the scheduled showtime of the trip), if the pilot preferenced a mixed line that includes a combination of trips and R-days that exceeds 6 consecutive days without a 24 consecutive hour period off; or

(b) 12 hours off (measured from the end of the last RP to the scheduled showtime of the trip), if the pilot did not preference a mixed line that exceeds 6 consecutive days without a 24 consecutive hour period off.

iii. a secondary line containing a trip prior to a reserve block shall contain at least:

(a) 24 hours off (measured from the end of the trip’s scheduled duty period to the beginning of the first RP), if the pilot preferenced a mixed line that exceeds 6 consecutive days without a 24 consecutive hour period off; or

(b) 12 hours off (measured from the end of the trip’s scheduled duty period to the beginning of the first RP), if the pilot did not preference a mixed line that exceeds 6 consecutive days without a 24 consecutive hour period off.

iv. A secondary line shall not contain a base simulator support event unless he has preferenced it.

e. After the close of the View/Add window, and based on remaining open time and reserve blocks, the Company shall publish a high, low, and target secondary line BLG for each crew position. These high/low/target BLGs:

i. Do not apply to trips available in open time for secondary line construction which, by themselves and without regard to carry-in CH, exceed the high secondary line BLG; and

ii. Shall otherwise conform to the line spread provisions of Section 4.E.1.d.

f. Secondary line construction shall be consistent with the provisions of this Agreement, and the parameters established by the SIG and/or Secondary Line Replacement Working Group (SLRWG).

h. Secondary line construction inputs and preferences shall be entered/updated via VIPS or another secondary line interface, as applicable. If access to VIPS or other interface is not available, a pilot may enter his inputs and preferences by other jointly approved means, in writing if possible.

l. The Company shall make available a reasons report to help explain each secondary line awardee’s final awarded schedule.

a. A reserve line consists entirely of R-days and days off.

b. In a 4-week bid period, a published reserve line shall contain a maximum of 15 R-days. In a 5-week bid period, a reserve line shall contain a maximum of 19 R-days. In a 6-week bid period, a reserve line shall contain a maximum of 23 R-days.

d. A published reserve line may be constructed with an additional R-day(s) that carries over into the following bid period.

1. Monthly Bid

In addition to line preferences, a pilot’s monthly bid shall have the ability to contain the following:

a. Election of minimum days off protection as a result of phase-in, as provided in Section 25.F.7.;

c. Waiver of an international duty free buffer to avoid a phase-in conflict or a conflict with recurrent training; and

d. Waiver of 1-in-10 (Section 12.C.1.c.) to avoid phase-in conflict.

The bid period processing conflict input window shall not be less than 48 hours beginning at 1700 CT on the date the bid closes. A pilot may enter the following via VIPS:

a. Worksheet for minimum days off protection as provided in Section 25.F.7.;

c. [Reserved]

d. Bids for recurrent training sessions following the completion and viewing of vacation adjustments and waivers, if any;

e. [Reserved]

f. Submission to drop carryover trips under 72 hours TAFB as provided in Section 25.F.3.a.; and

The Conflict Processing Window is a period of not less than 24 hours, beginning when the Bid Period Processing Conflict Input Window closes. Within the Conflict Processing Window, recurrent training sessions will be awarded after all other conflicts, except those due to minimum day off protection, have been processed. Following the award of recurrent training sessions, conflicts with recurrent training will then be processed. After recurrent training is awarded, conflicts due to minimum day off protection shall be processed.

The View/Add Window is a period of not less than 48 hours beginning at the close of the Bid Period Conflict Processing Window. During the View/Add Window, a pilot shall have the ability to view open time (conflicted regular line trips and reserve blocks, as well as all remaining open trips, reserve blocks not included in regular/reserve line construction, and open base simulator support events as provided in Section 25.L.15.).

[Application note re prior to upgrade of secondary line automation: Open time shall be “refreshed” following MUV/CIA awards, allowing secondary line preference inputs which are informed by remaining open time.]

a. During the View/Add Window, a pilot may enter the following via VIPS:

iii. Bids for phase-in make-up and MUV trips shall be only by:

(a) Specific trip number (including date);

(b) Reserve block label; and/or

(c) Base simulator support event label.

iv. Bids for MUV and CIA shall be awarded in seniority order. The results of the View/Add Window bids shall be posted no later than 5 hours following the close of the View/Add Window.

(1) as small as zero;

(2) as large as 12 days, for a 4-week bid period (but at least the number of days in the pilot’s awarded vacation period(s) if larger than 12 days);

(3) as large as 15 days, for a 5-week bid period (but at least the number of days in the pilot’s awarded vacation period(s) if larger than 15 days); or

For the purposes of Section 25.E.6.b.i.(b), additional vacation days (i.e., “extended” vacation days) are always added to the end of the vacation period as awarded. However, if adding an extended vacation day to the end of the pilot’s awarded vacation period could cause that extended vacation day to either fall beyond the end of the upcoming bid period or touch Thanksgiving Day, Christmas Eve, Christmas Day, New Year’s Eve, or New Year’s Day, that extended vacation day will be added to the beginning of the pilot’s awarded vacation period. If adding an extended vacation day to the beginning of the pilot’s awarded vacation period would cause that extended vacation day to either fall into the current bid period or touch Thanksgiving Day, Christmas Eve, Christmas Day, New Year’s Eve, or New Year’s Day, the pilot’s submission to add that extended vacation day will not be granted.

ii. Notify the Company of any known absences (e.g., jury) pending during the upcoming bid period;

a. Comply with each submission given staffing in each crew position, which shall be processed in seniority order within the submission type, from secondary line awardees with an awarded vacation period(s) in the upcoming bid period, and who wish to avail themselves of Section 25.E.4.b.i.(a). In no case shall a submission be approved if it creates a conflict with recurrent training or a known absence (e.g., jury).

b. Comply with each submission given staffing in each crew position, which shall be processed in seniority order within the submission type, from pilots without any awarded vacation periods in the upcoming bid period who wish to avail themselves of Section 25.E.4.b.i.(b). In no case shall a submission be approved if it creates a conflict with recurrent training or a known absence (e.g., jury).

c. Regardless of the given staffing in each crew position, submissions for additional or fewer vacation days shall be honored in seniority order to the extent that they are offsetting.

The SWW is a period of not less than 144 hours beginning at the posting of the View/Add Processing Window results. During the SWW:

a. A secondary line awardee may build his secondary line or modify his secondary line preferences;

(a) his awarded vacation period; or

Provided, however, that no slide may create a conflict with a pilot’s recurrent training or known absence (e.g., jury).

iii. elect to waive or protect his vacation buffer.

iv. A vacation period which, as originally awarded, was wholly contained in one bid period may have its footprint, but not its credit hours, slid into an adjacent bid period (except into November or December, or into the current bid period).

v. A pilot’s election to slide, shrink, or eliminate his vacation footprint, in accordance with Section 25.E.6.b.i. or ii., has the effect only of enhancing a pilot’s flexibility during the SWW window. That election does not change the credit hour draw against his vacation bank as determined by the View/Add window.

1. A phase-in conflict occurs when:

a. a pilot not qualified for the lowest FAR landing minimums for his aircraft is awarded a trip to an international location that was designated in the bid period package as restricted to pilots qualified to those minimums; or

b. a pilot is unable to perform an assignment(s) in a bid period due to a trip (including an international buffer, if any) that began in the previous bid period or a carryover R-day(s). For purposes of determining conflicts with R-days on which no activity has been assigned, the following shall apply:

i. Such submission shall be made during the Bid Period Processing Conflict Input Window.

ii. Any submissions shall be processed in seniority order.

b. Unpaid carryover on a pilot’s pay only line during ITU shall not create a phase-in conflict in a subsequent bid period.

4. A pilot may elect to waive an international duty free buffer to avoid a phase-in conflict.

5. In the event of a phase-in conflict with a trip(s) on a regular line in the new bid period, the trip(s) in the new bid period shall be dropped without pay and the pilot shall be eligible to make-up the CH value of trip(s) dropped due to phase-in conflict prior to construction of secondary lines, as provided in Section 25.E.4., L.1., and L.6.

a. If other than a vacation conflict, the block containing that R-day(s) in the new bid period shall be dropped and the pilot shall be eligible to make-up an R-day value(s), as provided in Section 25.E.4., L.1., and L.6.;

b. If a vacation conflict, the entire block containing that R-day(s) in the new bid period shall be made available in open time for the View/Add window; however:

i. The pilot’s vacation bank shall be charged only for the CH value of those R-days in conflict (as provided in Section 7.G.3.); and

ii. Those R-days not in conflict (as provided in Section 7.G.3.) shall remain on his schedule, and his vacation bank shall not be charged for their CH value.

8. If a pilot’s vacation period ends on the last day of a bid period and is immediately followed on the first day of the subsequent bid period by a block of RP-A or R-24 reserve periods, the following shall apply:

a. Unless the conflict is waived, the first reserve period will be dropped and eligible for make-up as provided in Section 25.E.4. and Section 25.L.1., and L.6.

b. A pilot may waive the vacation/reserve conflict to avoid a phase-in conflict. If waived:

i. an RP-A pilot shall be available for notification pursuant to Section 25.M.3.c.i.(a), (b), or (c), as appropriate.

ii. CRS may give an R-24 pilot a reserve assignment via VIPS at least 24 hours prior to its scheduled showtime.