Title III Contract
2009 2009, 2009
Title III Collective Bargaining Agreement:
Title II Contract
2009 2009, 2009
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ARTICLE IN FOCUS: ARTICLE 1 - RECOGNITION AND SCOPE 1
(a) Pursuant to the certification from the National Mediation
Board dated July 22, 1946, the Company recognizes the Union as
the exclusive and sole collective bargaining agency, with
respect to rates of pay, rules and working conditions, for all
employees within the United States covered under this Agreement
in the classifications set forth in Article 4, and as described
in the classification descriptions, Article 11, who perform work
as follows:
The loading and unloading of cargo (mail, baggage, freight and
Company material) on and off aircraft; the transporting of cargo
between terminals and aircraft; the ramp transfers of cargo
where required; the receiving, delivering, and physical handling
of freight and Company material in the Cargo Warehouse, or
equivalent area (including docks), mail at the designated Post
Office, and baggage in the outbound baggage room; the completion
of forms, and when directed, initiation and action on messages
related to and necessary for the performance in the designated
locations of the functions described; the cleaning and servicing
of cabin interiors, including cockpit and lavatories; draining
lavatories; checking, handling, assembling, removing and
installing of passenger service cabin furnishings and supplies,
transporting such furnishings and supplies to and from aircraft,
air conditioning of aircraft from outside source; the fueling,
oiling, replenishing hydraulic and other fluids.
It is understood and agreed that the work to be performed by
employees covered by this Agreement does not include related
indirect work performed by employees such as supervisors (e.g.,
foremen, chiefs and superintendents), management specialists
(e.g., instructors and analysts), professional employees (e.g.,
engineers and draftsmen), operating employees (e.g., flight
crews and dispatchers), plant protection employees (e.g.,
guards), office and clerical employees (e.g., agents and staff
assistants), and skycaps.
(b) It is understood that in an emergency, supervisors, flight
crews and other employees may perform or assist in performing
any work that may be necessary to complete a particular
operation. Where employees are reasonably available in point of
time adequately to handle a situation on a regular, overtime or
field work basis, the situation will not be deemed to be an
emergency within the meaning of this paragraph.
(c) The Company will continue to assign American Airlines TWU
represented employees in classifications designated by the
Company to all stations wherein such TWU represented Fleet
Service employees are assigned currently with 2555 and above
annual departures or 1460 for Ground Service employees and will
staff new cities (those not currently staffed by the TWU) at or
above 5475 annual departures for Fleet Service employees and
3650 for Ground Service employees. The Company will also restaff
former TWU staffed cities that have been de-staffed once those
cities reach 2555 and above annual departures for Fleet Service
employees and 1460 for Ground Service employees.
ARTICLE 1 – RECOGNITION AND SCOPE
Notwithstanding the above, the Company will be obligated to
continue staffing in those stations subject to Article 42 (b)
even though those stations fall below 2555 (for Fleet Service)
and (1460 for Ground Service) annual departures. Provided
however, once those employees with station protection under
Article 42 (b) have left the station, or the Company through
retirement or otherwise, those stations will be subject to the
2555 (for Fleet Service) and (1460 for Ground Service) annual
departure provisions.
The determination of the scheduled departures will be made each
January 1 and July 1 and will consider the prior twelve (12)
month period.
It is further agreed that as other stations are established
during the term of this Agreement, the Union will be notified
prior to the opening and conferences will be held between the
parties regarding the staffing of these stations. The Company
retains the right to staff such stations at its discretion.
(d) Contracting Out of Work.
In the interest of providing stable employment but nevertheless
to permit the Company to maintain and continue the development
of air transportation under applicable laws, the Company will
perform work, as its present employees, covered by this
Agreement have the normal time and the skills to perform, and
for which the Company can reasonably make available the
necessary facilities.
Additionally, it is agreed that the Company may continue to
contract out work not exceeding the scope of its present
contracting out practices.
It is understood that nothing in this Article above requires the
maintenance of the present volume of work.
The time limit for grievances filed under Article 29(d)
involving contracting out will be six (6) months from the date
on which the contracting out commenced or, in the case of a
substantial expansion of prior contracting out, six (6) months
from the date of the substantial expansion.
It is the intent of the parties that the above language
represents an attempt in contract language to express the
meaning of the letter by Mr. C. R. Smith, dated March 9, 1950.
(e) Merger, Purchase, or Acquisition of Another Company.
In the event of a merger, purchase, or acquisition of another
company, involving that entire company or a substantial portion
of that company, by the Company, the TWU and the Company will
meet to discuss the merger, purchase, or acquisition. The
Company will provide the TWU with information concerning the
proposed merger, purchase, or acquisition at the earliest
feasible time to allow for the Union to prepare for
ARTICLE 1 – RECOGNITION AND SCOPE
2
those discussions. Those discussions will include the impact of
the merger, purchase, or acquisition upon the TWU represented
employees.
(1) The integration of the seniority lists of the respective
employee groups will be governed by the provisions of Sections 3
& 13 of Allegheny-Mohawk, 59CAB22 (1972), provided that no
employee on the master seniority list will be adversely impacted
in rates of pay, hours, or working conditions by the
integration.
(2) The rates of pay, rules, and working conditions contained in
the Basic Agreement, as amended, will not be open for collective
bargaining in the event of a merger nor will the TWU or the
Company have any obligation to bargain upon changes thereto,
except as provided in Article 47 – Duration of the Basic
Agreement.
(3) The parties agree to submit to final and binding arbitration
by an arbitrator approved by the National Mediation Board all
disputes between the TWU and the Company, which are not settled
in the meetings provided above within six (6) months of the
effective date of the merger. The costs of the arbitration will
be shared equally by the parties and there will be only one such
arbitration proceeding, which will be the sole and exclusive
remedy for all such disputes.
(4) It is understood that the provisions of Article 1(h)(1),
(2), and (3) will not apply to the Company’s purchase of assets
of another airline, which does not result in the integration of
employees.
(f) Merger, Purchase, or Acquisition by Another Company
In the event of a merger, purchase, or acquisition of the
Company by another company, the TWU and the Company will meet to
discuss the merger, purchase, or acquisition. The Company will
provide the TWU with information concerning the proposed merger,
purchase, or acquisition at the earliest feasible time to allow
for the Union to prepare for those discussions. Those
discussions will include the impact of the merger, purchase, or
acquisition upon the TWU represented employees.
(g) Labor Protection Provisions:
In the event of a merger, purchase, or acquisition of the
Company by another company, the integration of the seniority
lists of the respective employee groups will be governed by the
provisions of Sections 3 & 13 of Allegheny-Mohawk, 59CAB22
(1972). The employee groups of each carrier will remain
separated until such time as the seniority lists are integrated
in accordance with this paragraph.
(h) Successorship
ARTICLE 1 – RECOGNITION AND SCOPE
3
(1) The Agreement will be binding upon any Successor. The
Company will not bring a single step or multi-step Successorship
transaction to final conclusion unless the Successor agrees, in
writing, to:
(a) recognize the TWU as the representative of employees on the
TWU System Seniority lists consistent with the Railway Labor
Act, as amended;
(b) employ the employees on the TWU System Seniority list in
accordance with the provisions of this Agreement;
(c) assume and be bound by this Agreement.
(2) If the Successor is an Air Carrier or an affiliate of an Air
Carrier, the Company will, at the option of the TWU, require the
Successor to agree to integrate the pre-transaction System
Seniority list of the Company and the Successor in a fair and
equitable manner within twelve (12) months of the Successorship
transaction pursuant to Sections 3 and 13 of the
Allegheny-Mohawk LPPs. The requirement of this provision does
not apply to the Company’s acquisition of all or part of another
Air Carrier in a transaction, which includes the acquisition of
aircraft and employees.